S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4207
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     March 9, 2015
                                      ___________
       Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
         when printed to be committed to the Committee on Finance
       AN  ACT  to  amend  the  education  law,  in  relation  to  delivery  of
         prescriptions  off  premises of a pharmacy; to amend the public health
         law, in relation to physician profiles, the promotion  of  public  and
         private  umbilical  cord  blood  banking, financial responsibility and
         reimbursement data  for  early  intervention  program  and  electronic
         health  records; to amend the state finance law, in relation to estab-
         lishing the state health innovation  plan  account;  to  provide  more
         accountability  in  expenditures made by the Statewide Health Informa-
         tion Network for New  York  (SHIN-NY);  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  condi-
         tions  and  limits  on working hours for certain members of the hospi-
         tal's staff; and to repeal paragraph (e) of subdivision 13 of  section
         2995-a  of  the public health law relating to physician profiles (Part
         A); 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 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 part B of chapter 59  of  the  laws  of
         2011,  amending the public health law relating to rates of payment and
         medical assistance, in relation to managed care supplemental payments;
         to amend part H of chapter 59 of the laws of 2011, amending the public
         health law relating to general hospital  inpatient  reimbursement  for
         annual  rates,  in  relation  to  supplemental  Medicaid  managed care
         payments; to amend the public health law, in relation to  establishing
         an   energy  efficiency  and/or  disaster  preparedness  demonstration
         program for residential health care facilities; to  amend  the  social
         services  law,  in  relation to working disabled eligibility; to amend
         the social services law, in relation to family planning  benefits;  to
         amend  the  social  services law, in relation to foster care; to amend
         the public health law, in relation to case payment rates for pediatric
         ventilator services; to authorize the commissioner of health to estab-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD20016-01-5
       S. 4207                             2
         lish young adult special populations demonstration programs; to  amend
         the public health law, in relation to rates of payments at residential
         health  care  facilities  and  directing the commissioner of health to
         allow the provision of off-site services; to amend the social services
         law,  in  relation to prescriber determination and classes of drugs in
         Medicaid managed care, establishing  a  health  technology  assessment
         committee  within  the medical assistance program; to amend the public
         health law, in relation to establishing a hospital-home care-physician
         collaboration program; to amend the public health law, in relation  to
         universal standards for coding of payment of claims for long term care
         and electronic payment of claims; to amend the social services law, in
         relation to services provided by school-based health centers; 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 health
         law, in relation to reporting by the commissioner  of  health  on  the
         health  information  technology  demonstration  program;  to amend the
         social services law, in relation to  provision  and  reimbursement  of
         transportation  costs;  to amend the public health law, in relation to
         temporary adjustment to reimbursement rates for vital  access  provid-
         ers;  to  amend  the  social services law, in relation to expansion of
         medical assistance coverage; to amend part H of chapter 59 of the laws
         of 2011, amending the public health law and  other  laws  relating  to
         general hospital inpatient reimbursement for annual rates, in relation
         to medicaid payments to nursing homes; to amend the public health law,
         in relation to residential health care facilities; to amend the public
         health  law,  in  relation  to requiring the commissioner of health to
         establish an office of accountability; to amend  the  social  services
         law,  in  relation  to supplemental medical assistance rates; to amend
         the public health law, in relation to  quality  related  measures  for
         general hospitals receiving payments for inpatient services; to repeal
         sections 50, 51, 52 and 53 of part C of chapter 60 of the laws of 2014
         amending  the social services law and other laws relating to eliminat-
         ing prescriber prevails for brand name drugs with generic equivalents,
         in relation to eligibility for medical assistance and the basic health
         program; to amend the social services law, in  relation  to  requiring
         the independent actuary to provide a complete actuarial memorandum; to
         repeal certain provisions of the social services law relating to pres-
         criber determination and classes of drugs in Medicaid managed care; to
         repeal  section 365-d of the social services law relating to early and
         periodic screening  diagnosis  and  treatment  outreach  demonstration
         projects;  to repeal paragraph (e) of subdivision 8 of section 2511 of
         the public health law relating to subsidy payments; and providing  for
         the  repeal of certain provisions upon expiration thereof (Part B); to
         amend part A of chapter 56 of the laws of 2013 amending chapter 59  of
         the  laws  of  2011  amending  the public health law and other laws to
         general hospital reimbursement for annual rates relating to the cap on
         local Medicaid expenditures, in relation to rates of payment  paid  to
         certain  providers by the Child Health Plus Program; and to amend part
         H of 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
       S. 4207                             3
         relation to the effectiveness thereof; to amend chapter 81 of the laws
         of 1995, amending the public health law and  other  laws  relating  to
         medical  reimbursement  and  welfare reform, in relation to the effec-
         tiveness  thereof;  to  amend  the  public  health law, in relation to
         hospital assessments; to amend  chapter  659  of  the  laws  of  1997,
         constituting  the  long term care integration and finance act of 1997,
         in relation to the effectiveness thereof; to amend chapter 474 of  the
         laws  of  1996,  amending the education law and other laws relating to
         rates for residential health  care  facilities,  in  relation  to  the
         effectiveness  thereof;  to  amend part C of chapter 58 of the laws of
         2007, amending the social services law  and  other  laws  relating  to
         enacting  the  major  components of legislation necessary to implement
         the health and mental hygiene budget for the  2007-2008  state  fiscal
         year,  in  relation to delay of certain administrative costs; to amend
         chapter 81 of the laws of 1995, amending the  public  health  law  and
         other  laws  relating  to medical reimbursement and welfare reform, in
         relation to reimbursements and the  effectiveness  thereof;  to  amend
         chapter  474 of the laws of 1996, amending the education law and other
         laws relating to  rates  for  residential  healthcare  facilities,  in
         relation  to reimbursements; to amend chapter 451 of the laws of 2007,
         amending the public health law, the social services law and the insur-
         ance  law,  relating  to  providing  enhanced  consumer  and  provider
         protections,  in  relation  to the effectiveness thereof; to amend the
         public health law, in relation to rates of payment for long term  home
         health  care  programs  and making such provisions permanent; to amend
         chapter 303 of the laws of 1999, amending the New York  state  medical
         care facilities finance agency act relating to financing health facil-
         ities,  in relation to the effectiveness thereof; to amend chapter 165
         of the laws of 1991, amending the public health  law  and  other  laws
         relating  to establishing payments for medical assistance, in relation
         to the effectiveness thereof; to amend the public authorities law,  in
         relation to the transfer of certain funds; to amend subdivision (i) of
         section  111  of part H of chapter 59 of the laws of 2011, relating to
         enacting into law major components of legislation necessary to  imple-
         ment  the  health  and  mental  hygiene budget for the 2011-2012 state
         fiscal plan, in relation to the effectiveness 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 transporta-
         tion costs; to amend the social services law, in relation to contract-
         ing for transportation services; to amend chapter 459 of the  laws  of
         1996  amending  the  public  health law relating to recertification of
         persons providing emergency medical care, in relation to  making  such
         provisions permanent; to amend chapter 505 of the laws of 1995, amend-
         ing  the  public health law relating to the operation of department of
         health facilities, in relation to making such provisions permanent; to
         amend the insurance law, in relation to  exempting  certain  insurance
         companies from risk-based capital for property/casualty insurance; and
         to amend the insurance law, in relation to certain medical malpractice
         rates; to amend subdivision (o) of section 111 of part H of chapter 59
         of  the laws of 2011, amending the public health law relating to state
         wide planning and research cooperative system and general  powers  and
       S. 4207                             4
         duties,  in  relation  to  the effectiveness of certain provisions; to
         amend chapter 56 of the laws of 2013 amending chapter 59 of  the  laws
         of  2011  amending  the  public  health law and other laws relating to
         general hospital reimbursement for annual rates relating to the cap on
         local  Medicaid  expenditures, in relation to extending the provisions
         of such chapter; to amend chapter 58 of the laws of 2008 amending  the
         elder  law  and  other laws relating to reimbursement to participating
         provider pharmacies and prescription drug coverage, in relation to the
         effectiveness thereof (Part D); to amend the  public  health  law,  in
         relation  to the payment of certain funds for uncompensated care (Part
         E); intentionally omitted (Part F); to amend  the  insurance  law,  in
         relation  to  rating  of  individual  and small group health insurance
         contracts and policies (Part G); to amend the public  health  law,  in
         relation  to the establishment and operation of limited services clin-
         ics (Part H); intentionally omitted (Part  I);  intentionally  omitted
         (Part  J); to amend the public health law, in relation to streamlining
         the certificate of need  process  for  hospitals  and  diagnostic  and
         treatment  clinics  providing  primary  care, public health and health
         planning council reviews,  defining  "construction"  for  purposes  of
         hospitals,  eliminating the requirement for a public need for a hospi-
         tal prior to its approval by the public  health  and  health  planning
         council,  applications  for construction of hospitals and the improper
         delegation of authority to a management consultant  by  the  governing
         authority  of  a general hospital (Part K); to amend the public health
         law, in relation to office-based surgery  workgroups,  facility  fees,
         reporting  and  ambulatory  surgery  center accreditation (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); intentionally omitted (Part N); to amend  chap-
         ter  111 of the laws of 2010 relating to the recovery of exempt income
         by the office of mental health for community  residences  and  family-
         based  treatment  programs,  in  relation to the effectiveness thereof
         (Part O); to amend the  education  law,  in  relation  to  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 operated 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); to amend the social services law, the executive law and  the
         mental  hygiene law, in relation to providing professional services to
         individuals with developmental disabilities in non-certified settings;
         in relation to the exemption of the nurse practice act for direct care
         staff in non-certified settings funded, authorized or approved by  the
         office  for  people  with  developmental  disabilities;  and to repeal
         certain provisions of the mental hygiene law  relating  thereto  (Part
         S);  to  amend  the  mental hygiene law, in relation to clarifying the
         authority of the commissioners in the department of mental hygiene  to
         design  and implement time-limited demonstration programs (Part T); to
       S. 4207                             5
         amend the mental hygiene law, in relation to directing the commission-
         er of developmental disabilities  to  establish  a  procedure  through
         which  persons with developmental disabilities may choose to remain in
         a  nonintegrated setting (Part U); to amend the mental hygiene law, in
         relation to providing state operated  opportunities  for  people  with
         developmental  disabilities (Part V); to amend the mental hygiene law,
         in relation to monthly status reports on community  investments  (Part
         W); relating to the administration of services to people with develop-
         mental  disabilities  (Part  X);  to  amend the mental hygiene law, in
         relation to requiring an annual geographic analysis  of  supports  and
         services  in  community  settings  for  individuals with developmental
         disabilities (Part Y); to amend the  education  law,  in  relation  to
         including  nurse  practitioners as a provider of services for purposes
         of collaborative drug therapy management; and 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 making the authori-
         zation for pharmacists to perform collaborative drug  therapy  manage-
         ment  permanent (Part Z); to amend the mental hygiene law, in relation
         to establishing a community housing wait list (Part AA); to amend  the
         public  health law and the education law, in relation to providing for
         the  use  of  opioid  antagonists  in  schools  for  opioid   overdose
         prevention  (Part  BB);  to  amend part A of chapter 56 of the laws of
         2013 amending chapter 59 of the  laws  of  2011  amending  the  public
         health  law  and other laws relating to general hospital reimbursement
         for annual rates relating to the cap on local  Medicaid  expenditures,
         in  relation  to  establishing  rate protections for behavioral health
         essential providers and the effectiveness thereof; to amend section  1
         of  part  H of 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 method-
         ology, in relation to transfer of funds and the effectiveness  thereof
         (Part  CC); to amend the mental hygiene law, in relation to integrated
         housing for individuals with developmental disabilities (Part DD);  to
         amend the mental hygiene law, in relation to a temporary adjustment to
         reimbursement  rates  for  behavioral  health  (Part EE); to amend the
         public health law, in relation to requiring the commissioner of health
         to provide certain records to the temporary president  of  the  senate
         and  the speaker of the assembly; requiring the commissioner of health
         to convene a task force to evaluate and make  recommendations  related
         to  increasing  the transparency and accountability of the health care
         reform act resources fund; and to amend  the  public  health  law,  in
         relation  to  physician  loan repayment awards and the distribution of
         grants for the health workforce retraining  program;  in  relation  to
         covered  lives  assessments  in the Rochester region (Part FF); and to
         amend the public health law, in relation to the capital  restructuring
         program (Part GG)
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act enacts into law major  components  of  legislation
    2  which are necessary to implement the state fiscal plan for the 2015-2016
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through GG. The effective date for each particular
       S. 4207                             6
    1  provision contained within such Part is set forth in the last section of
    2  such Part. Any provision in any section contained within a Part, includ-
    3  ing the effective date of the Part, which makes a reference to a section
    4  "of  this  act", when used in connection with that particular component,
    5  shall be deemed to mean and refer to the corresponding  section  of  the
    6  Part  in  which  it  is  found. Section three of this act sets forth the
    7  general effective date of this act.
    8                                   PART A
    9    Section 1. Intentionally omitted.
   10    S 2. Intentionally omitted.
   11    S 3. Intentionally omitted.
   12    S 4. Intentionally omitted.
   13    S 5. Subdivision 9 of  section  2803  of  the  public  health  law  is
   14  REPEALED.
   15    S 6. Intentionally omitted.
   16    S 7. The second undesignated paragraph of paragraph (a) of subdivision
   17  2  of  section 6810 of the education law, as added by chapter 413 of the
   18  laws of 2014, is amended to read as follows:
   19    A pharmacy registered with the department pursuant to  section  sixty-
   20  eight  hundred  eight OR SIXTY-EIGHT HUNDRED EIGHT-B of this article may
   21  not deliver a new or refilled  prescription  off  premises  without  the
   22  consent  of  the  patient  or an individual authorized to consent on the
   23  patient's behalf. [Consent shall include one of the following:
   24    (1) the patient or authorized individual's signature of acceptance  of
   25  each prescription delivered;
   26    (2)  the pharmacy may contact the patient or other authorized individ-
   27  ual for consent to deliver and must  document  consent  in  the  patient
   28  record; or
   29    (3)  for  pharmacies  that  administer  refill  reminder or medication
   30  adherence programs and deliver off  premises,  if  a  signature  is  not
   31  received on each prescription, then the refill reminder program or medi-
   32  cation adherence program shall be an OPT-IN program that is updated with
   33  patient  consent  every  one  hundred eighty days accompanied by a docu-
   34  mented patient record review by a licensed pharmacist from the providing
   35  pharmacy and the patient before continuation of medication delivery  can
   36  occur]  FOR THE PURPOSES OF THIS SECTION, CONSENT MAY BE OBTAINED IN THE
   37  SAME MANNER AND PROCESS BY WHICH CONSENT IS DEEMED ACCEPTABLE UNDER  THE
   38  FEDERAL MEDICARE PART D PROGRAM.
   39    S  8.  Paragraph  (h) of subdivision 1 of section 2995-a of the public
   40  health law, as added by chapter 542 of the laws of 2000, is  amended  to
   41  read as follows:
   42    (h)  current  [speciality]  SPECIALTY  board certification and date of
   43  certification;
   44    S 9. The opening paragraph of subdivision 1-a of section 2995-a of the
   45  public health law, as added by section 8 of part A of chapter 58 of  the
   46  laws of 2010, is amended to read as follows:
   47    Each physician licensed and registered to practice in this state shall
   48  within  [one  hundred twenty] THIRTY days of the [effective date of this
   49  subdivision] TRANSMITTAL OF AN INITIAL PROFILE SURVEY and upon  entering
   50  or updating his or her profile information:
   51    S  10.  Subdivisions  3,  4,  6  and 9 of section 2995-a of the public
   52  health law, subdivisions 3, 6 and 9 as added by chapter 542 of the  laws
   53  of  2000,  and  subdivision  4  as amended by chapter 477 of the laws of
   54  2008, are amended to read as follows:
       S. 4207                             7
    1    3. Each physician who is self-insured for professional  medical  malp-
    2  ractice  shall periodically report to the department on forms and in the
    3  time and manner required by the commissioner the  information  specified
    4  in  paragraph  [(f)] (E) of subdivision one of this section, except that
    5  the  physician  shall  report  the  dollar  amount (to the extent of the
    6  physician's information and belief) for each judgment, award and settle-
    7  ment and not a level of significance or context.
    8    4. Each physician shall periodically report to the department on forms
    9  and in the time and manner required by the commissioner any other infor-
   10  mation as is required by the department for the development of  profiles
   11  under  this  section  which  is  not otherwise reasonably obtainable. In
   12  addition to such periodic reports and providing  the  same  information,
   13  each  physician  shall  update his or her profile information within the
   14  six months prior to the expiration date of such physician's registration
   15  period, as a condition of registration renewal under article one hundred
   16  thirty-one of the  education  law.    EXCEPT  FOR  OPTIONAL  INFORMATION
   17  PROVIDED,  PHYSICIANS  SHALL  NOTIFY THE DEPARTMENT OF ANY CHANGE IN THE
   18  PROFILE INFORMATION WITHIN THIRTY DAYS OF SUCH CHANGE.
   19    6. A physician may elect to have  his  or  her  profile  omit  certain
   20  information  provided  pursuant  to  paragraphs (l), (m)[,] AND (n) [and
   21  (q)] of subdivision one of this section. In collecting  information  for
   22  such  profiles  and  disseminating the same, the department shall inform
   23  physicians that they may choose not to provide such information required
   24  pursuant to paragraphs (l), (m)[,] AND (n) [and (q)] of subdivision  one
   25  of this section.
   26    9.  The department shall, in addition to hard copy physician profiles,
   27  provide for electronic access  to  and  copying  of  physician  profiles
   28  developed  pursuant to this section through the system commonly known as
   29  the Internet.  THE DEPARTMENT SHALL UPDATE A PHYSICIAN'S ONLINE  PROFILE
   30  WITHIN THIRTY DAYS OF RECEIPT OF A COMPLETED PHYSICIAN PROFILE SURVEY OR
   31  ANY CHANGE IN PROFILE INFORMATION.
   32    S  11. Paragraph (d) of subdivision 13 of section 2995-a of the public
   33  health law, as added by chapter 542 of the laws of 2000, is  amended  to
   34  read as follows:
   35    (d)  Report.  The  department  shall  provide a report of its determi-
   36  nations and recommendations to the governor and  legislature,  and  make
   37  such report publicly available, [within six months of the effective date
   38  of  this section] ON OR BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN.  THE
   39  DEPARTMENT SHALL REPORT ANNUALLY THEREAFTER TO THE  LEGISLATURE  ON  THE
   40  STATUS  OF THE PHYSICIAN PROFILES AND ANY RECOMMENDATIONS FOR ADDITIONS,
   41  CONSOLIDATIONS OR OTHER CHANGES DEEMED APPROPRIATE.
   42    S 12. Paragraph (e) of subdivision 13 of  subdivision  2995-a  of  the
   43  public health law is REPEALED.
   44    S  13.  Subdivision  16 of section 2995-a of the public health law, as
   45  added by chapter 542 of the laws of 2000, is amended to read as follows:
   46    16. [If, after initial dissemination of the physician data required by
   47  this section, the department determines that any such data is not useful
   48  for making quality determinations, the department shall recommend to the
   49  legislature the necessary statutory changes]  HEALTH  CARE  PLANS  SHALL
   50  PROVIDE  THE DEPARTMENT WITH A LISTING, BY SPECIALTY, OF ALL PARTICIPAT-
   51  ING PROVIDERS AS REQUIRED TO BE DISCLOSED UNDER PARAGRAPH  SEVENTEEN  OF
   52  SUBSECTION  (A) OF SECTION THREE THOUSAND TWO HUNDRED SEVENTEEN-A OF THE
   53  INSURANCE LAW, PARAGRAPH SEVENTEEN OF SUBSECTION  (A)  OF  SECTION  FOUR
   54  THOUSAND  THREE  HUNDRED TWENTY-FOUR OF THE INSURANCE LAW, AND PARAGRAPH
   55  (R) OF SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED EIGHT OF THIS CHAP-
   56  TER. THE HEALTH CARE PLAN SHALL NOTIFY  THE  DEPARTMENT  WITHIN  FIFTEEN
       S. 4207                             8
    1  DAYS  OF  THE  ADDITION  OR  TERMINATION  OF  A PROVIDER FROM THE PLAN'S
    2  NETWORK. THE DEPARTMENT SHALL PROVIDE THIS INFORMATION TO THE PHYSICIANS
    3  AT ISSUE AND MAKE  THIS  INFORMATION  AVAILABLE  IN  PHYSICIAN  PROFILES
    4  REQUIRED UNDER THIS SECTION.
    5    S 14. The public health law is amended by adding a new article 43-C to
    6  read as follows:
    7                                ARTICLE 43-C
    8               PUBLIC AND PRIVATE UMBILICAL CORD BLOOD BANKING
    9  SECTION 4371. PUBLIC AND PRIVATE UMBILICAL CORD BLOOD BANKING PROGRAM.
   10    S  4371.  PUBLIC  AND PRIVATE UMBILICAL CORD BLOOD BANKING PROGRAM. 1.
   11  THE PUBLIC AND PRIVATE UMBILICAL CORD BLOOD BANKING  PROGRAM  IS  HEREBY
   12  ESTABLISHED  WITHIN  THE  DEPARTMENT  TO PROMOTE PUBLIC AWARENESS OF THE
   13  POTENTIAL BENEFITS OF PUBLIC OR PRIVATE UMBILICAL CORD BLOOD BANKING  TO
   14  FACILITATE  PRE-DELIVERY  ARRANGEMENTS  FOR PUBLIC OR PRIVATE BANKING OF
   15  UMBILICAL CORD BLOOD DONATIONS.
   16    2. THE DEPARTMENT SHALL:
   17    A. DEVELOP A PUBLIC EDUCATION AND OUTREACH CAMPAIGN VIA WRITTEN  MATE-
   18  RIALS, BROCHURES AND THE INTERNET TO PROMOTE PUBLIC OR PRIVATE UMBILICAL
   19  CORD  BLOOD  BANKING  AWARENESS  AND EDUCATION OF THE GENERAL PUBLIC AND
   20  POTENTIAL UMBILICAL CORD BLOOD DONORS  OF  THE  BENEFITS  OF  PUBLIC  OR
   21  PRIVATE UMBILICAL CORD BLOOD BANKING; AND
   22    B.  DEVELOP  EDUCATIONAL  MATERIALS  AND BROCHURES WHICH SHALL BE MADE
   23  AVAILABLE TO THE GENERAL  PUBLIC  AND  POTENTIAL  UMBILICAL  CORD  BLOOD
   24  DONORS  THROUGH  LOCAL DEPARTMENTS OF HEALTH; HEALTH CARE PRACTITIONERS,
   25  INCLUDING OBSTETRICIANS,  GYNECOLOGISTS,  PEDIATRICIANS,  AND  MIDWIVES;
   26  HEALTH  MAINTENANCE  ORGANIZATIONS;  HOSPITALS; CLINICS, WALK-IN MEDICAL
   27  CENTERS, MOBILE CARE UNITS, SURGI-CENTERS, AND URGENT CARE CENTERS;  AND
   28  CLINICS AND ORGANIZATIONS SERVING PREGNANT WOMEN.
   29    3.  THE  COMMISSIONER  SHALL  ACCEPT AND EXPEND ANY GRANTS, AWARDS, OR
   30  OTHER FUNDS OR APPROPRIATIONS AS MAY BE MADE AVAILABLE FOR THE  PURPOSES
   31  OF  THIS  ARTICLE, SUBJECT TO LIMITATIONS AS TO THE APPROVAL OF EXPENDI-
   32  TURES AND AUDIT AS PRESCRIBED FOR STATE FUNDS BY THE STATE FINANCE LAW.
   33    S 15.  Section 2557 of the public health law is amended  by  adding  a
   34  new subdivision 4 to read as follows:
   35    4.  THE COMMISSIONER SHALL COLLECT DATA, BY MUNICIPALITY, ON THE EARLY
   36  INTERVENTION PROGRAM AUTHORIZED UNDER THIS TITLE FOR PURPOSES OF IMPROV-
   37  ING THE EFFICIENCY, COST, EFFECTIVENESS, AND QUALITY  OF  SUCH  PROGRAM.
   38  SUCH MUNICIPALITY DATA COLLECTION SHALL INCLUDE BUT NOT BE LIMITED TO:
   39    (A) THE NUMBER AND AGES OF CHILDREN ENROLLED IN THE EARLY INTERVENTION
   40  PROGRAM;
   41    (B)  THE  TOTAL NUMBER OF CHILDREN, WITHIN A MUNICIPALITY, RECEIVING A
   42  SINGLE SERVICE, THE PERCENTAGE OF THOSE CHILDREN BY  SERVICE  TYPE,  AND
   43  THE AVERAGE FREQUENCY OF VISITS PER WEEK FOR SUCH SERVICE TYPE;
   44    (C)  THE  TOTAL  NUMBER  OF CHILDREN, WITHIN A MUNICIPALITY, RECEIVING
   45  MULTIPLE SERVICES, THE PERCENTAGE OF THOSE CHILDREN BY SERVICE TYPE, THE
   46  AVERAGE FREQUENCY OF VISITS PER WEEK FOR SUCH SERVICE TYPE AND THE AVER-
   47  AGE NUMBER OF SERVICE TYPES THAT EACH CHILD RECEIVES;
   48    (D) THE TOTAL NUMBER OF CHILDREN,  WITHIN  A  MUNICIPALITY,  RECEIVING
   49  SERVICES  BY  SERVICE  TYPE PER WEEK AND THE TOTAL NUMBER OF SERVICES BY
   50  SERVICE TYPE PER WEEK AUTHORIZED  BY  EARLY  INTERVENTION  PROVIDERS  BY
   51  PROVIDER  TYPE  INCLUDING APPROVED AGENCIES, INSTITUTIONS, ORGANIZATIONS
   52  AND INDEPENDENT PROVIDERS;
   53    (E) THE NUMBER OF NEW YORK STATE APPROVED AGENCIES,  INSTITUTIONS,  OR
   54  ORGANIZATIONS PROVIDING EARLY INTERVENTION SERVICES BY SERVICE SPECIALTY
   55  OR  SPECIALTIES  AND  THE  NUMBER OF NEW YORK STATE APPROVED INDEPENDENT
       S. 4207                             9
    1  PROVIDERS  OF  EARLY  INTERVENTION  SERVICES  BY  SERVICE  SPECIALTY  OR
    2  SPECIALTIES;
    3    (F)  THE  NUMBER AND PERCENTAGE OF CHILDREN RECEIVING A SINGLE SERVICE
    4  BY TYPE OF NEW YORK  APPROVED  SERVICE  PROVIDER,  AND  THE  NUMBER  AND
    5  PERCENTAGE  OF  CHILDREN RECEIVING MULTIPLE SERVICES BY TYPE OF NEW YORK
    6  STATE APPROVED SERVICE PROVIDER;
    7    (G) THE NUMBER OF SERVICES, BY SERVICE TYPE AND  PROVIDER  TYPE,  THAT
    8  WERE IDENTIFIED ON THE IFSP THAT WERE NOT DELIVERED TO A CHILD;
    9    (H) THE OVERALL NUMBER OF NEW YORK STATE APPROVED EVALUATORS;
   10    (I)  THE  NUMBER OF FAMILIES RECEIVING FAMILY SUPPORTIVE SERVICES SUCH
   11  AS FAMILY TRAINING, COUNSELING, PARENT SUPPORT GROUPS, AND RESPITE;
   12    (J) THE NUMBER OF CHILDREN THAT HAVE THIRD PARTY REIMBURSEMENT;
   13    (K) THE NUMBER OF MEDICAL ASSISTANCE CLAIMS SUBMITTED. THE  PERCENTAGE
   14  OF  MEDICAL  ASSISTANCE  CLAIMS  DENIED  AND  THE  PERCENTAGE OF MEDICAL
   15  ASSISTANCE CLAIMS PAID. THE REASONS FOR THE DENIALS.
   16    (L) THE NUMBER OF CLAIMS SUBMITTED FOR OTHER THAN MEDICAL  ASSISTANCE.
   17  THE  PERCENTAGE  OF  CLAIMS DENIED FOR OTHER THAN MEDICAL ASSISTANCE AND
   18  THE PERCENTAGE OF CLAIMS PAID FOR OTHER  THAN  MEDICAL  ASSISTANCE.  THE
   19  REASONS FOR THE DENIALS.
   20    (M)  BY  MUNICIPALITY,  THE  LAPSE IN TIME BETWEEN THE COMPLETION OF A
   21  FINAL IFSP AND THE INITIATION OF SERVICES FOR ALL CHILDREN; AND
   22    (N) THE NUMBER AND DOLLAR AMOUNTS OF CLAIMS SUBMITTED, BY PAYOR,  THAT
   23  WERE NOT PAID WITHIN NINETY DAYS AND THE REASONS FOR NON-PAYMENT.
   24    THE  COMMISSIONER  SHALL  COLLECT  AND  ANALYZE SUCH DATA TO DETERMINE
   25  SERVICE AND UTILIZATION PATTERNS AND PROVIDE  APPROPRIATE  OVERSIGHT  OF
   26  THE  PROGRAM. THE COMMISSIONER SHALL REPORT THE INFORMATION AND ANALYSIS
   27  REQUIRED BY THIS SUBDIVISION TO THE TEMPORARY PRESIDENT OF  THE  SENATE,
   28  THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE
   29  MINORITY LEADER OF THE ASSEMBLY FOR THE PERIOD MAY FIRST,  TWO  THOUSAND
   30  FIFTEEN  TO  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND FIFTEEN ON OR BEFORE
   31  MARCH FIRST, TWO THOUSAND SIXTEEN AND FOR EACH CALENDAR YEAR  THEREAFTER
   32  ON OR BEFORE MARCH FIRST FOR THE PRECEDING CALENDAR YEAR.
   33    S  16.  Title 1 of article 29-D of the public health law is amended by
   34  adding a new section 2997-f to read as follows:
   35    S 2997-F. ELECTRONIC HEALTH RECORDS. 1.  ALL HOSPITALS LICENSED  UNDER
   36  ARTICLE TWENTY-EIGHT OF THIS CHAPTER, ALL OFFICE-BASED SURGERY PRACTICES
   37  ACCREDITED PURSUANT TO SECTION TWO HUNDRED THIRTY-D OF THIS CHAPTER, AND
   38  ANY  HEALTH CARE PROVIDER LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCA-
   39  TION LAW WHO OPERATES A  PRACTICE  WHICH  ACCEPTS  UNSCHEDULED,  WALK-IN
   40  APPOINTMENTS  FROM  PATIENTS  THAT ARE NOT REGULARLY SEEN BY THE PRACTI-
   41  TIONER AND HAS EXTENDED HOURS OF OPERATION SHALL UTILIZE AND MAINTAIN AN
   42  ELECTRONIC HEALTH RECORD SYSTEM THAT  CONNECTS  TO  THE  LOCAL  REGIONAL
   43  HEALTH  INFORMATION  ORGANIZATION  TO  FACILITATE THE EXCHANGE OF HEALTH
   44  INFORMATION.
   45    2. EACH REGIONAL HEALTH INFORMATION ORGANIZATION SHALL  ENSURE  IT  IS
   46  ACCESSIBLE  AND  CAPABLE  OF  CONNECTING  ALL  HOSPITALS AND HEALTH CARE
   47  PROVIDERS UNDER THIS SECTION, AND ANY  OTHER  HEALTH  CARE  PROVIDER  OR
   48  QUALIFIED  HEALTH  ENTITY  AND  THEIR  ELECTRONIC HEALTH RECORD VENDORS,
   49  INCLUDING, BUT NOT LIMITED TO, PRIVATE PHYSICIAN  PRACTICES  AND  COUNTY
   50  HEALTH  DEPARTMENTS THAT WISH TO CONNECT TO THE REGIONAL HEALTH INFORMA-
   51  TION ORGANIZATION.
   52    3. HEALTH CARE PROVIDERS MAY  APPLY  FOR  ANY  FUNDING  AVAILABLE  FOR
   53  HEALTH  INFORMATION  TECHNOLOGY AND ELECTRONIC HEALTH RECORD INFRASTRUC-
   54  TURE INCLUDING, BUT NOT LIMITED TO, THE STATE ELECTRONIC HEALTH  RECORDS
   55  LOAN PROGRAM UNDER SECTION TWENTY-EIGHT HUNDRED TWELVE OF THIS CHAPTER.
       S. 4207                            10
    1    4. THE COMMISSIONER SHALL ESTABLISH A PROCESS BY WHICH THE HEALTH CARE
    2  PROVIDERS  COVERED BY THIS SECTION MAY APPLY FOR A WAIVER FROM THE ELEC-
    3  TRONIC HEALTH RECORD REQUIREMENTS IMPOSED BY THIS SECTION DUE TO ECONOM-
    4  IC HARDSHIP, TECHNOLOGICAL LIMITATIONS THAT ARE  NOT  REASONABLY  WITHIN
    5  THE  CONTROL  OF  THE HEALTH CARE PROVIDER, OR OTHER EXCEPTIONAL CIRCUM-
    6  STANCE DEMONSTRATED BY THE HEALTH CARE PROVIDER.
    7    S 17. The state finance law is amended by adding a new section 97-yyyy
    8  to read as follows:
    9    S 97-YYYY. STATE HEALTH INNOVATION PLAN ACCOUNT. 1.  THERE  IS  HEREBY
   10  ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
   11  COMMISSIONER OF HEALTH AN ACCOUNT OF THE MISCELLANEOUS  SPECIAL  REVENUE
   12  FUND TO BE KNOWN AS THE "STATE HEALTH INNOVATION PLAN ACCOUNT".
   13    2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
   14  THE CONTRARY, THE STATE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO
   15  RECEIVE FOR DEPOSIT TO THE CREDIT OF THE STATE  HEALTH  INNOVATION  PLAN
   16  ACCOUNT,  MONIES  RECEIVED PURSUANT TO THE STATE INNOVATION MODEL INITI-
   17  ATIVE FROM THE CENTERS FOR MEDICARE AND MEDICAID INNOVATION.
   18    3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE  LEGISLATURE,
   19  SHALL  BE  MADE  AVAILABLE  TO THE DEPARTMENT OF HEALTH FOR SERVICES AND
   20  EXPENSES OF THE STATE HEALTH INNOVATION PLAN.
   21    S 18. Notwithstanding any other provision of law to the contrary,  for
   22  periods  beginning  on  or  after  April  1, 2015, any funds provided to
   23  support the Statewide Health  Information  Network  (SHIN-NY)  shall  be
   24  contingent  on  the submission of a plan to the legislature, prepared by
   25  the commissioner of  health  in  consultation  with  representatives  of
   26  hospitals,  physicians, other providers and consumers, detailing specif-
   27  ically how funds will be used to:
   28    (1) support hospitals, physicians, and other providers in the achieve-
   29  ment of federal meaningful use requirements;
   30    (2) support DSRIP health information exchange and data requirements to
   31  help performing provider systems and the state meet DSRIP quality goals;
   32    (3) increase participation in regional  health  information  organiza-
   33  tions by providers at reasonable costs to the providers;
   34    (4) finalize patient consent requirements; and
   35    (5)  address  concerns  regarding liability of providers that lawfully
   36  share data that is then misused by  other  health  information  exchange
   37  participants.
   38    S 19. This act shall take effect immediately except that:
   39    (a)  section  seven  of  this act shall be deemed to have been in full
   40  force and effect on and after October 21, 2014;
   41    (b) section fourteen of this act shall take effect on the one  hundred
   42  eightieth  day after it shall have become a law; provided that effective
   43  immediately, the addition, amendment and/or repeal of any rule or  regu-
   44  lation necessary for the implementation of such section on its effective
   45  date  are  authorized and directed to be made and completed on or before
   46  such effective date; and
   47    (c) section sixteen of this act shall take effect two years  after  it
   48  shall have become a law; provided, however, that, effective immediately,
   49  the  commissioner  of  health  is authorized to promulgate any rules and
   50  regulations necessary to ensure that regional health care  organizations
   51  are  capable  of  complying  with  the provisions of such section on its
   52  effective date.
   53                                   PART B
   54    Section 1. Intentionally omitted.
       S. 4207                            11
    1    S 2. Intentionally omitted.
    2    S 3. Intentionally omitted.
    3    S 4. Intentionally omitted.
    4    S 5. Intentionally omitted.
    5    S 6. Intentionally omitted.
    6    S 7. Intentionally omitted.
    7    S  8. The social services law is amended by adding a new section 368-g
    8  to read as follows:
    9    S 368-G. LIMITATION ON GROWTH OF MEDICAL ASSISTANCE EXPENDITURES.   1.
   10  CAP  ESTABLISHED.  (A)  NOTWITHSTANDING  SECTION NINETY-ONE OF PART H OF
   11  CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND ELEVEN,  AS  AMENDED,  OR
   12  ANY  OTHER  CONTRARY  PROVISION OF LAW AND SUBJECT TO FEDERAL APPROVALS,
   13  THE YEAR TO YEAR RATE  OF  GROWTH  OF  DEPARTMENT  STATE  FUNDS  MEDICAL
   14  ASSISTANCE SPENDING SHALL NOT EXCEED THE TEN YEAR ROLLING AVERAGE OF THE
   15  MEDICAL COMPONENT OF THE CONSUMER PRICE INDEX AS PUBLISHED BY THE UNITED
   16  STATES  DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, FOR THE PRECED-
   17  ING TEN YEARS; PROVIDED, HOWEVER, THAT FOR STATE FISCAL YEAR  TWO  THOU-
   18  SAND  THIRTEEN-TWO  THOUSAND FOURTEEN OR ANY FISCAL YEAR THEREAFTER, THE
   19  MAXIMUM ALLOWABLE ANNUAL INCREASE IN THE AMOUNT OF THE DEPARTMENT  STATE
   20  FUNDS MEDICAL ASSISTANCE SPENDING SHALL BE CALCULATED BY MULTIPLYING THE
   21  DEPARTMENT  STATE  FUNDS  MEDICAL  ASSISTANCE  SPENDING FOR THE PREVIOUS
   22  YEAR, LESS THE  AMOUNT  OF  ANY  DEPARTMENT  STATE  OPERATIONS  SPENDING
   23  INCLUDED THEREIN, BY SUCH TEN YEAR ROLLING AVERAGE.
   24    (B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, FOR STATE
   25  FISCAL  YEAR  TWO  THOUSAND THIRTEEN-TWO THOUSAND FOURTEEN OR ANY FISCAL
   26  YEAR THEREAFTER, THE SPENDING LIMIT CALCULATED PURSUANT TO PARAGRAPH (A)
   27  OF THIS SUBDIVISION SHALL BE INCREASED BY AN AMOUNT EQUAL TO THE DIFFER-
   28  ENCE BETWEEN THE  TOTAL  SOCIAL  SERVICES  DISTRICT  MEDICAL  ASSISTANCE
   29  EXPENDITURE  AMOUNTS  CALCULATED  FOR  SUCH  PERIOD  IN CONFORMANCE WITH
   30  SUBDIVISIONS (B), (C), (C-1), AND (D) OF SECTION ONE OF PART C OF  CHAP-
   31  TER  FIFTY-EIGHT  OF  THE LAWS OF TWO THOUSAND FIVE AND THE TOTAL SOCIAL
   32  SERVICES DISTRICT MEDICAL EXPENDITURE AMOUNTS THAT WOULD  HAVE  RESULTED
   33  IF  THE  PROVISIONS  OF  SUBDIVISION  (C-1) OF SUCH SECTION HAD NOT BEEN
   34  APPLIED.
   35    (C) WITH RESPECT TO A SOCIAL SERVICES DISTRICT THAT RESCINDS THE EXER-
   36  CISE OF THE OPTION PROVIDED IN  PARAGRAPH  (I)  OF  SUBDIVISION  (B)  OF
   37  SECTION TWO OF PART C OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND
   38  FIVE,  FOR STATE FISCAL YEAR TWO THOUSAND THIRTEEN-TWO THOUSAND FOURTEEN
   39  OR ANY FISCAL YEAR THEREAFTER, THE SPENDING LIMIT CALCULATED PURSUANT TO
   40  SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY THE  AMOUNT  OF  THE
   41  MEDICAL  ASSISTANCE  EXPENDITURE AMOUNT CALCULATED FOR SUCH DISTRICT FOR
   42  SUCH PERIOD.
   43    2. SAVINGS ALLOCATION PLAN. NOTWITHSTANDING SECTION NINETY-TWO OF PART
   44  H OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND ELEVEN, AS  AMENDED,
   45  AND  ANY OTHER CONTRARY PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY
   46  OF FEDERAL FINANCIAL PARTICIPATION, FOR STATE FISCAL YEARS TWO  THOUSAND
   47  ELEVEN-TWO  THOUSAND  TWELVE  THROUGH  TWO THOUSAND FIFTEEN-TWO THOUSAND
   48  SIXTEEN, THE DIRECTOR OF THE BUDGET, IN CONSULTATION  WITH  THE  COMMIS-
   49  SIONER, SHALL ASSESS ON A MONTHLY BASIS, AS REFLECTED IN MONTHLY REPORTS
   50  ISSUED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, KNOWN AND PROJECTED
   51  DEPARTMENT  STATE  FUNDS  MEDICAL ASSISTANCE EXPENDITURES BY CATEGORY OF
   52  SERVICE AND BY GEOGRAPHIC REGIONS, AS DEFINED BY THE  COMMISSIONER,  AND
   53  IF  THE  DIRECTOR  OF  THE  BUDGET DETERMINES THAT SUCH EXPENDITURES ARE
   54  EXPECTED TO CAUSE MEDICAL ASSISTANCE DISBURSEMENTS FOR  SUCH  PERIOD  TO
   55  EXCEED THE PROJECTED DEPARTMENT MEDICAL ASSISTANCE STATE FUNDS DISBURSE-
   56  MENTS IN THE ENACTED BUDGET FINANCIAL PLAN PURSUANT TO SUBDIVISION THREE
       S. 4207                            12
    1  OF  SECTION  TWENTY-THREE OF THE STATE FINANCE LAW, THE COMMISSIONER, IN
    2  CONSULTATION WITH THE DIRECTOR OF THE BUDGET, SHALL  DEVELOP  A  MEDICAL
    3  ASSISTANCE  SAVINGS ALLOCATION PLAN TO LIMIT SUCH SPENDING TO THE AGGRE-
    4  GATE  LIMIT  LEVEL  SPECIFIED  IN  THE  ENACTED  BUDGET  FINANCIAL PLAN,
    5  PROVIDED, HOWEVER, SUCH PROJECTIONS MAY BE ADJUSTED BY THE  DIRECTOR  OF
    6  THE  BUDGET  TO  ACCOUNT  FOR  ANY CHANGES IN THE NEW YORK STATE FEDERAL
    7  MEDICAL ASSISTANCE PERCENTAGE AMOUNT ESTABLISHED PURSUANT TO THE FEDERAL
    8  SOCIAL SECURITY ACT, CHANGES IN PROVIDER REVENUES, REDUCTIONS  TO  LOCAL
    9  SOCIAL  SERVICES  DISTRICT MEDICAL ASSISTANCE ADMINISTRATION, AND BEGIN-
   10  NING APRIL FIRST, TWO THOUSAND TWELVE, THE OPERATIONAL COSTS OF THE  NEW
   11  YORK  STATE MEDICAL INDEMNITY FUND.  SUCH PROJECTIONS MAY BE ADJUSTED BY
   12  THE DIRECTOR OF THE BUDGET TO ACCOUNT FOR INCREASED OR EXPEDITED DEPART-
   13  MENT OF HEALTH STATE FUNDS MEDICAL ASSISTANCE EXPENDITURES AS  A  RESULT
   14  OF  A NATURAL OR OTHER TYPE OF DISASTER, INCLUDING A GOVERNMENTAL DECLA-
   15  RATION OF EMERGENCY. SUCH MEDICAL  ASSISTANCE  SAVINGS  ALLOCATION  PLAN
   16  SHALL  BE  DESIGNED TO REDUCE THE DEPARTMENT STATE FUNDS MEDICAL ASSIST-
   17  ANCE DISBURSEMENTS AUTHORIZED BY APPROPRIATIONS IN COMPLIANCE  WITH  THE
   18  FOLLOWING GUIDELINES:
   19    (A)  REDUCTIONS  SHALL  BE  MADE IN COMPLIANCE WITH APPLICABLE FEDERAL
   20  LAW, INCLUDING THE PROVISIONS OF THE PATIENT PROTECTION  AND  AFFORDABLE
   21  CARE  ACT  (P.L.  111-148),  AS AMENDED BY THE HEALTH CARE AND EDUCATION
   22  RECONCILIATION ACT OF 2010 (P.L. 111-152) (COLLECTIVELY "AFFORDABLE CARE
   23  ACT") AND ANY SUBSEQUENT AMENDMENTS THERETO OR  REGULATIONS  PROMULGATED
   24  THEREUNDER;
   25    (B)  REDUCTIONS SHALL BE MADE IN A MANNER THAT COMPLIES WITH THE STATE
   26  MEDICAL ASSISTANCE PLAN APPROVED BY THE FEDERAL CENTERS FOR MEDICARE AND
   27  MEDICAID SERVICES, PROVIDED, HOWEVER, THAT THE COMMISSIONER  IS  AUTHOR-
   28  IZED  TO SUBMIT ANY STATE PLAN AMENDMENT OR SEEK OTHER FEDERAL APPROVAL,
   29  INCLUDING WAIVER AUTHORITY, TO IMPLEMENT THE PROVISIONS OF  THE  MEDICAL
   30  ASSISTANCE  SAVINGS  ALLOCATION  PLAN  THAT MEETS THE OTHER CRITERIA SET
   31  FORTH HEREIN;
   32    (C) REDUCTIONS SHALL BE MADE IN A MANNER THAT MAXIMIZES FEDERAL FINAN-
   33  CIAL PARTICIPATION, TO THE EXTENT  PRACTICABLE,  INCLUDING  ANY  FEDERAL
   34  FINANCIAL  PARTICIPATION  THAT IS AVAILABLE OR IS REASONABLY EXPECTED TO
   35  BECOME AVAILABLE, IN THE  DISCRETION  OF  THE  COMMISSIONER,  UNDER  THE
   36  AFFORDABLE CARE ACT;
   37    (D)  REDUCTIONS  SHALL  BE MADE UNIFORMLY AMONG CATEGORIES OF SERVICES
   38  AND GEOGRAPHIC REGIONS OF THE STATE,  TO  THE  EXTENT  PRACTICABLE,  AND
   39  SHALL  BE  MADE  UNIFORMLY  WITHIN  A CATEGORY OF SERVICE, TO THE EXTENT
   40  PRACTICABLE, EXCEPT WHERE THE COMMISSIONER  DETERMINES  THAT  THERE  ARE
   41  SUFFICIENT  GROUNDS  FOR  NON-UNIFORMITY, INCLUDING, BUT NOT LIMITED TO:
   42  (I) THE EXTENT TO WHICH SPECIFIC CATEGORIES OF SERVICES  CONTRIBUTED  TO
   43  DEPARTMENT  MEDICAL  ASSISTANCE  STATE  FUNDS  SPENDING IN EXCESS OF THE
   44  LIMITS SPECIFIED HEREIN; (II) THE NEED TO MAINTAIN SAFETY  NET  SERVICES
   45  IN  UNDERSERVED COMMUNITIES; OR (III) THE POTENTIAL BENEFITS OF PURSUING
   46  INNOVATIVE PAYMENT MODELS CONTEMPLATED BY THE AFFORDABLE  CARE  ACT,  IN
   47  WHICH  CASE  SUCH  GROUNDS  SHALL BE SET FORTH IN THE MEDICAL ASSISTANCE
   48  SAVINGS ALLOCATION PLAN;
   49    (E) REDUCTIONS SHALL BE MADE IN A MANNER THAT DOES  NOT  UNNECESSARILY
   50  CREATE  ADMINISTRATIVE  BURDENS  FOR  MEDICAL  ASSISTANCE APPLICANTS AND
   51  RECIPIENTS OR FOR PROVIDERS;
   52    (F) THE COMMISSIONER SHALL SEEK THE INPUT OF THE LEGISLATURE, AS  WELL
   53  AS  INPUT FROM ORGANIZATIONS REPRESENTING HEALTH CARE PROVIDERS, CONSUM-
   54  ERS, BUSINESSES, WORKERS, HEALTH  INSURERS,  AND  OTHERS  WITH  RELEVANT
   55  EXPERTISE, IN DEVELOPING SUCH MEDICAL ASSISTANCE SAVINGS ALLOCATION PLAN
   56  TO  THE EXTENT THAT ALL OR PART OF SUCH PLAN IS LIKELY, AS DETERMINED BY
       S. 4207                            13
    1  THE COMMISSIONER, TO HAVE A  MATERIAL  IMPACT  ON  THE  OVERALL  MEDICAL
    2  ASSISTANCE  PROGRAM,  OR  ON  PARTICULAR  CATEGORIES  OF  SERVICE, OR ON
    3  PARTICULAR GEOGRAPHIC REGIONS OF THE STATE;
    4    (G)(I)  THE  COMMISSIONER  SHALL  POST  THE MEDICAL ASSISTANCE SAVINGS
    5  ALLOCATION PLAN ON THE DEPARTMENT'S WEBSITE AND  SHALL  PROVIDE  WRITTEN
    6  COPIES OF SUCH PLAN TO THE CHAIRS OF THE SENATE FINANCE AND THE ASSEMBLY
    7  WAYS  AND MEANS COMMITTEES AT LEAST THIRTY DAYS BEFORE THE DATE ON WHICH
    8  IMPLEMENTATION IS EXPECTED TO BEGIN;
    9    (II) THE COMMISSIONER MAY REVISE THE MEDICAL ASSISTANCE SAVINGS  ALLO-
   10  CATION PLAN SUBSEQUENT TO THE PROVISION OF NOTICE AND PRIOR TO IMPLEMEN-
   11  TATION  BUT IS REQUIRED TO PROVIDE A NEW NOTICE PURSUANT TO SUBPARAGRAPH
   12  (I) OF THIS PARAGRAPH ONLY IF THE COMMISSIONER DETERMINES, IN HIS OR HER
   13  DISCRETION, THAT SUCH REVISIONS MATERIALLY ALTER THE PLAN;
   14    (H) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (F) AND (G)  OF  THIS
   15  SUBDIVISION, THE COMMISSIONER NEED NOT SEEK THE INPUT DESCRIBED IN PARA-
   16  GRAPH  (F)  OF  THIS SUBDIVISION OR PROVIDE NOTICE PURSUANT TO PARAGRAPH
   17  (G) OF THIS SUBDIVISION IF, IN THE DISCRETION OF THE COMMISSIONER, EXPE-
   18  DITED DEVELOPMENT AND IMPLEMENTATION OF  A  MEDICAL  ASSISTANCE  SAVINGS
   19  ALLOCATION  PLAN  IS  NECESSARY  DUE  TO  A PUBLIC HEALTH EMERGENCY; FOR
   20  PURPOSES OF THIS SECTION, A PUBLIC HEALTH EMERGENCY IS DEFINED AS:
   21    (I) A DISASTER, NATURAL OR OTHERWISE, THAT SIGNIFICANTLY INCREASES THE
   22  IMMEDIATE NEED FOR HEALTH CARE PERSONNEL IN AN AREA OF THE STATE;
   23    (II) AN EVENT OR CONDITION THAT CREATES A WIDESPREAD RISK OF  EXPOSURE
   24  TO  A SERIOUS COMMUNICABLE DISEASE, OR THE POTENTIAL FOR SUCH WIDESPREAD
   25  RISK OF EXPOSURE; OR
   26    (III) ANY OTHER EVENT OR CONDITION DETERMINED BY THE  COMMISSIONER  TO
   27  CONSTITUTE AN IMMINENT THREAT TO PUBLIC HEALTH; AND
   28    (I)  NOTHING IN THIS SECTION SHALL BE DEEMED TO PREVENT ALL OR PART OF
   29  SUCH MEDICAL SAVINGS ALLOCATION PLAN FROM TAKING  EFFECT  RETROACTIVELY,
   30  TO THE EXTENT PERMITTED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID
   31  SERVICES.
   32    3.  POWERS  OF  THE COMMISSIONER TO ENACT SAVINGS ALLOCATION PLAN.  IN
   33  ACCORDANCE WITH THE MEDICAL  ASSISTANCE  SAVINGS  ALLOCATION  PLAN,  THE
   34  COMMISSIONER  SHALL  REDUCE  DEPARTMENT  STATE  FUNDS MEDICAL ASSISTANCE
   35  DISBURSEMENTS BY THE  AMOUNT  OF  THE  PROJECTED  OVERSPENDING  THROUGH,
   36  ACTIONS INCLUDING, BUT NOT LIMITED TO MODIFYING OR SUSPENDING REIMBURSE-
   37  MENT  METHODS, INCLUDING BUT NOT LIMITED TO ALL FEES, PREMIUM LEVELS AND
   38  RATES OF PAYMENT, NOTWITHSTANDING ANY  PROVISION  OF  LAW  THAT  SETS  A
   39  SPECIFIC  AMOUNT  OR  METHODOLOGY  FOR  ANY  SUCH  PAYMENTS  OR RATES OF
   40  PAYMENT; MODIFYING MEDICAL  ASSISTANCE  PROGRAM  BENEFITS;  SEEKING  ALL
   41  NECESSARY  FEDERAL  APPROVALS,  INCLUDING,  BUT  NOT LIMITED TO WAIVERS,
   42  WAIVER AMENDMENTS; AND SUSPENDING TIME FRAMES FOR  NOTICE,  APPROVAL  OR
   43  CERTIFICATION  OF  RATE  REQUIREMENTS,  NOTWITHSTANDING ANY PROVISION OF
   44  LAW, RULE OR REGULATION TO THE CONTRARY, INCLUDING, BUT NOT LIMITED  TO,
   45  SECTIONS  TWENTY-EIGHT  HUNDRED SEVEN AND THIRTY-SIX HUNDRED FOURTEEN OF
   46  THE PUBLIC HEALTH LAW, SECTION EIGHTEEN OF CHAPTER TWO OF  THE  LAWS  OF
   47  NINETEEN  HUNDRED EIGHTY-EIGHT, AND SECTION 505.14(H) OF TITLE 18 OF THE
   48  OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW
   49  YORK.
   50    4. CAP DIVIDEND. NOTWITHSTANDING ANY CONTRARY  PROVISION  OF  LAW  AND
   51  SUBJECT  TO  THE  AVAILABILITY  OF  FEDERAL FINANCIAL PARTICIPATION, FOR
   52  STATE FISCAL YEARS BEGINNING ON AND  AFTER  APRIL  FIRST,  TWO  THOUSAND
   53  FOURTEEN,  THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE DIRECTOR
   54  OF THE BUDGET, SHALL, PRIOR TO JANUARY FIRST OF EACH YEAR, DETERMINE THE
   55  EXTENT OF SAVINGS THAT HAVE BEEN ACHIEVED AS A RESULT OF THE APPLICATION
   56  OF THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION, AND SHALL
       S. 4207                            14
    1  FURTHER DETERMINE THE AVAILABILITY  OF  SUCH  SAVINGS  FOR  DISTRIBUTION
    2  DURING  THE  LAST QUARTER OF SUCH STATE FISCAL YEAR. IN DETERMINING SUCH
    3  SAVINGS THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE DIRECTOR OF
    4  THE  BUDGET,  MAY  EXEMPT  THE MEDICAL ASSISTANCE ADMINISTRATION PROGRAM
    5  FROM DISTRIBUTIONS UNDER THIS SECTION. THE COMMISSIONER  OF  HEALTH,  IN
    6  CONSULTATION WITH THE DIRECTOR OF THE BUDGET, MAY DISTRIBUTE FUNDS UP TO
    7  AN  AMOUNT EQUAL TO SUCH AVAILABLE SAVINGS IN ACCORDANCE WITH A DIVIDEND
    8  ALLOCATION PLAN THAT UTILIZES A METHODOLOGY THAT DISTRIBUTES SUCH  FUNDS
    9  PROPORTIONATELY  AMONG PROVIDERS AND PLANS IN NEW YORK'S MEDICAL ASSIST-
   10  ANCE PROGRAM. IN DEVELOPING SUCH DIVIDEND ALLOCATION  PLAN  THE  COMMIS-
   11  SIONER  OF  HEALTH  SHALL  SEEK THE INPUT OF THE LEGISLATURE, AS WELL AS
   12  ORGANIZATIONS REPRESENTING HEALTH CARE PROVIDERS, CONSUMERS, BUSINESSES,
   13  WORKERS, HEALTH CARE INSURERS AND OTHERS WITH RELEVANT  EXPERTISE.  SUCH
   14  DIVIDEND  ALLOCATION PLAN SHALL UTILIZE THREE YEARS OF THE MOST RECENTLY
   15  AVAILABLE SYSTEM-WIDE EXPENDITURE DATA REFLECTING BOTH MMIS AND  MANAGED
   16  CARE  ENCOUNTERS.  DISTRIBUTIONS TO MANAGED CARE PLANS SHALL BE BASED ON
   17  THE ADMINISTRATIVE OUTLAYS STEMMING FROM PARTICIPATION  IN  THE  MEDICAL
   18  ASSISTANCE PROGRAM. THE COMMISSIONER OF HEALTH MAY IMPOSE MINIMUM THRES-
   19  HOLD  AMOUNTS  IN  DETERMINING  PROVIDER  ELIGIBILITY  FOR DISTRIBUTIONS
   20  PURSUANT TO THIS SECTION. NO LESS  THAN  FIFTY  PERCENT  OF  THE  AMOUNT
   21  AVAILABLE  FOR  DISTRIBUTION  SHALL BE MADE AVAILABLE FOR THE PURPOSE OF
   22  ASSISTING ELIGIBLE PROVIDERS UTILIZING THE METHODOLOGY  OUTLINED  ABOVE.
   23  THE  REMAINDER  OF  THE  DISTRIBUTIONS PURSUANT TO THIS SECTION SHALL BE
   24  MADE AVAILABLE FOR THE PURPOSES OF ENSURING A MINIMUM LEVEL  OF  ASSIST-
   25  ANCE  TO FINANCIALLY DISTRESSED AND CRITICALLY NEEDED PROVIDERS AS IDEN-
   26  TIFIED BY THE COMMISSIONER. THE COMMISSIONER OF HEALTH  SHALL  POST  THE
   27  MEDICAL ASSISTANCE SAVINGS DIVIDEND ALLOCATION PLAN ON THE DEPARTMENT OF
   28  HEALTH'S  WEBSITE  AND  SHALL PROVIDE WRITTEN COPIES OF SUCH PLAN TO THE
   29  CHAIRS OF THE SENATE FINANCE AND THE ASSEMBLY WAYS AND MEANS  COMMITTEES
   30  AT LEAST THIRTY DAYS BEFORE THE DATE ON WHICH IMPLEMENTATION IS EXPECTED
   31  TO  BEGIN. THE COMMISSIONER OF HEALTH IS AUTHORIZED TO SEEK SUCH FEDERAL
   32  APPROVALS AS MAY BE  REQUIRED  TO  EFFECTUATE  THE  PROVISIONS  OF  THIS
   33  SECTION,  INCLUDING,  BUT  NOT  LIMITED  TO,  TO  PERMIT PAYMENT OF SUCH
   34  DISTRIBUTIONS AS LUMPS SUMS AND TO SECURE WAIVERS FROM OTHERWISE  APPLI-
   35  CABLE  FEDERAL  UPPER  PAYMENT  LIMIT RESTRICTIONS ON SUCH PAYMENTS. THE
   36  PROVISIONS OF THIS SECTION ARE SUBJECT TO THE REPORTING REQUIREMENTS SET
   37  FORTH IN SUBDIVISION SEVEN OF THIS SECTION.
   38    5. MONTHLY REPORTS. THE COMMISSIONER, IN CONSULTATION WITH THE  DIREC-
   39  TOR OF THE BUDGET, SHALL PREPARE A MONTHLY REPORT THAT SETS FORTH:
   40    (A)  KNOWN AND PROJECTED DEPARTMENT MEDICAL ASSISTANCE EXPENDITURES AS
   41  DESCRIBED IN SUBDIVISION ONE OF THIS SECTION,  AND  FACTORS  THAT  COULD
   42  RESULT IN MEDICAL ASSISTANCE DISBURSEMENTS FOR THE RELEVANT STATE FISCAL
   43  YEAR TO EXCEED THE PROJECTED DEPARTMENT STATE FUNDS DISBURSEMENTS IN THE
   44  ENACTED  BUDGET  FINANCIAL PLAN PURSUANT TO SUBDIVISION THREE OF SECTION
   45  TWENTY-THREE OF THE STATE FINANCE LAW, INCLUDING SPENDING  INCREASES  OR
   46  DECREASES  DUE  TO  ENROLLMENT  FLUCTUATIONS,  RATE CHANGES, UTILIZATION
   47  CHANGES, MEDICAL ASSISTANCE REDESIGN TEAM (MRT) INVESTMENTS, A SHIFT  OF
   48  BENEFICIARIES  TO MANAGED CARE AND VARIATIONS IN OFFLINE MEDICAL ASSIST-
   49  ANCE PAYMENTS;
   50    (B) THE ACTIONS TAKEN TO  IMPLEMENT  ANY  MEDICAL  ASSISTANCE  SAVINGS
   51  ALLOCATION  PLAN  IMPLEMENTED  PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS
   52  SECTION, INCLUDING INFORMATION CONCERNING THE IMPACT OF SUCH ACTIONS  ON
   53  EACH CATEGORY OF SERVICE AND EACH GEOGRAPHIC REGION OF THE STATE;
   54    (C) THE PRICE, INCLUDING, THE BASE RATE PLUS ANY UPCOMING RATE ADJUST-
   55  MENT;  UTILIZATION,  INCLUDING  CURRENT ENROLLMENT, PROJECTED ENROLLMENT
   56  CHANGES  AND  ACUITY;  MEDICAL  ASSISTANCE  REDESIGN  TEAM  INITIATIVES;
       S. 4207                            15
    1  ONE-TIME INITIATIVES AND OTHER INITIATIVES DESCRIBING THE PROPOSED BUDG-
    2  ET  ACTION IMPACT; AND ANY PRIOR YEAR INITIATIVE WITH CURRENT AND FUTURE
    3  YEAR IMPACTS FOR THE FOLLOWING CATEGORIES:
    4    (I) INPATIENT;
    5    (II) OUTPATIENT;
    6    (III) EMERGENCY ROOM;
    7    (IV) CLINIC;
    8    (V) NURSING HOMES;
    9    (VI) OTHER LONG TERM CARE;
   10    (VII) MEDICAID MANAGED CARE;
   11    (VIII) FAMILY HEALTH PLUS;
   12    (IX) PHARMACY;
   13    (X) TRANSPORTATION;
   14    (XI) DENTAL;
   15    (XII) NON-INSTITUTIONAL AND OTHER CATEGORIES;
   16    (XIII) AFFORDABLE HOUSING;
   17    (XIV) VITAL ACCESS PROVIDER SERVICES;
   18    (XV) BEHAVIORAL HEALTH VITAL ACCESS PROVIDER SERVICES;
   19    (XVI) FINGER LAKES HEALTH SERVICES AGENCY;
   20    (XVII) AUDIT RECOVERIES AND SETTLEMENTS;
   21    (D)  INFORMATION  AND  DISBURSEMENTS OF GRANTS TO PROVIDERS, INCLUDING
   22  BUT NOT LIMITED TO:
   23    (I) DEMOGRAPHIC INFORMATION OF TARGETED RECIPIENTS;
   24    (II) NUMBER OF RECIPIENTS;
   25    (III) AWARD AMOUNTS AND TIMING OF AWARDS; AND
   26    (E) ANY PROJECTED MEDICAL ASSISTANCE SAVINGS DETERMINED BY THE COMMIS-
   27  SIONER PURSUANT TO SUBDIVISION FOUR OF THIS  SECTION  AND  THE  PROPOSED
   28  ALLOCATION PLAN WITH REGARD TO SUCH SAVINGS.
   29    (F) THE MONTHLY REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED
   30  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
   31  THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE,  THE  CHAIR  OF
   32  THE  ASSEMBLY WAYS AND MEANS COMMITTEE, AND THE CHAIRS OF THE SENATE AND
   33  ASSEMBLY HEALTH COMMITTEES. SUCH REPORTS AND RELATED DOCUMENTS  PROVIDED
   34  TO  THE LEGISLATURE SHALL ALSO BE POSTED ON THE WEBSITE AS MAINTAINED BY
   35  THE DEPARTMENT.
   36    6. EXECUTIVE BUDGET SUMMARY. THE COMMISSIONER,  IN  CONSULTATION  WITH
   37  THE DIRECTOR OF THE BUDGET SHALL, UPON SUBMISSION OF THE EXECUTIVE BUDG-
   38  ET  TO THE LEGISLATURE, PROVIDE TO THE LEGISLATURE A DETAILED ACCOUNTING
   39  OF:
   40    (A) THE STATE MEDICAL ASSISTANCE STATE FUNDS EXPENDITURES ON THE CLOSE
   41  OUT OF THE PRIOR YEAR;
   42    (B) A CURRENT YEAR RE-ESTIMATE;
   43    (C) THE PROSPECTIVE TWO-YEAR ESTIMATE; AND
   44    (D) ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRIATE.
   45    7. STAFF AVAILABILITY AND  TRAINING.  (A)  THE  COMMISSIONER  AND  THE
   46  DIRECTOR  OF  THE  BUDGET SHALL MAKE APPROPRIATE STAFF AVAILABLE TO MEET
   47  WITH THE CHAIRS OF THE HEALTH COMMITTEES OF THE SENATE AND THE ASSEMBLY,
   48  OR THEIR DESIGNEES, UPON THEIR REQUEST AND WITH  REASONABLE  NOTICE,  TO
   49  REVIEW  EACH  MONTHLY  REPORT,  AS DESCRIBED IN SUBDIVISION FIVE OF THIS
   50  SECTION.
   51    (B) THE COMMISSIONER  SHALL  MAKE  TRAINING  AVAILABLE  TO  DESIGNATED
   52  LEGISLATIVE  STAFF  WITH  REGARD  TO THE SKILLS AND TECHNIQUES NEEDED TO
   53  EFFECTIVELY ACCESS AND REVIEW RELEVANT  MEDICAL  ASSISTANCE  DATA  BASES
   54  UNDER THE CONTROL OF THE DEPARTMENT, UPON THEIR REQUEST AND WITH REASON-
   55  ABLE NOTICE.
   56    S 9.  Intentionally omitted.
       S. 4207                            16
    1    S 10. Intentionally omitted.
    2    S 11. Intentionally omitted.
    3    S 12. Intentionally omitted.
    4    S  13.  Subdivision  (e)  of section 2826 of the public health law, as
    5  added by section 27 of part C of chapter 60 of  the  laws  of  2014,  is
    6  amended to read as follows:
    7    (e) Notwithstanding any law to the contrary, general hospitals defined
    8  as  critical  access  hospitals  pursuant  to title XVIII of the federal
    9  social security act shall be allocated no less than [five] SEVEN million
   10  FIVE HUNDRED THOUSAND dollars annually pursuant  to  this  section.  The
   11  department of health shall provide a report to the governor and legisla-
   12  ture  no  later  than  [December]  JUNE  first,  two thousand [fourteen]
   13  FIFTEEN providing recommendations on how to ensure the financial stabil-
   14  ity of, and preserve  patient  access  to,  critical  access  hospitals,
   15  INCLUDING AN EXAMINATION OF PERMANENT MEDICAID RATE METHODOLOGY CHANGES.
   16    S 14. Section 2826 of the public health law is amended by adding a new
   17  subdivision (f) to read as follows:
   18    (F)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   19  TO FEDERAL FINANCIAL PARTICIPATION, NO LESS  THAN  TEN  MILLION  DOLLARS
   20  SHALL BE ALLOCATED TO PROVIDERS DESCRIBED IN THIS SUBDIVISION; PROVIDED,
   21  HOWEVER  THAT  IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAILABLE FOR ANY
   22  ELIGIBLE PROVIDER, OR FOR ANY POTENTIAL INVESTMENT UNDER  THIS  SUBDIVI-
   23  SION THEN THE NON-FEDERAL SHARE OF PAYMENTS PURSUANT TO THIS SUBDIVISION
   24  MAY BE MADE AS STATE GRANTS.
   25    (I)  PROVIDERS  SERVING RURAL AREAS AS SUCH TERM IS DEFINED IN SECTION
   26  TWO THOUSAND NINE HUNDRED FIFTY-ONE OF THIS CHAPTER, INCLUDING  BUT  NOT
   27  LIMITED TO HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND
   28  TREATMENT  CENTERS,  AMBULATORY  SURGERY  CENTERS  AND  CLINICS SHALL BE
   29  ELIGIBLE FOR ENHANCED PAYMENTS OR  REIMBURSEMENT  UNDER  A  SUPPLEMENTAL
   30  RATE  METHODOLOGY  FOR THE PURPOSE OF PROMOTING ACCESS AND IMPROVING THE
   31  QUALITY OF CARE.
   32    (II) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   33  TO  FEDERAL  FINANCIAL  PARTICIPATION,  ESSENTIAL  COMMUNITY  PROVIDERS,
   34  WHICH,  FOR  THE  PURPOSES  OF  THIS SECTION, SHALL MEAN A PROVIDER THAT
   35  OFFERS HEALTH SERVICES WITHIN A DEFINED AND ISOLATED  GEOGRAPHIC  REGION
   36  WHERE  SUCH SERVICES WOULD OTHERWISE BE UNAVAILABLE TO THE POPULATION OF
   37  SUCH REGION, SHALL BE ELIGIBLE FOR ENHANCED  PAYMENTS  OR  REIMBURSEMENT
   38  UNDER  A  SUPPLEMENTAL  RATE  METHODOLOGY  FOR  THE PURPOSE OF PROMOTING
   39  ACCESS AND IMPROVING QUALITY OF  CARE.  ELIGIBLE  PROVIDERS  UNDER  THIS
   40  PARAGRAPH  MAY  INCLUDE,  BUT ARE NOT LIMITED TO, HOSPITALS, RESIDENTIAL
   41  HEALTH CARE FACILITIES, DIAGNOSTIC  AND  TREATMENT  CENTERS,  AMBULATORY
   42  SURGERY CENTERS AND CLINICS.
   43    (III)  IN  MAKING  SUCH  PAYMENTS THE COMMISSIONER MAY CONTEMPLATE THE
   44  EXTENT TO WHICH ANY SUCH PROVIDER RECEIVES ASSISTANCE UNDER  SUBDIVISION
   45  (A)  OF  THIS  SECTION AND MAY REQUIRE SUCH PROVIDER TO SUBMIT A WRITTEN
   46  PROPOSAL DEMONSTRATING THAT THE NEED FOR MONIES UNDER  THIS  SUBDIVISION
   47  EXCEEDS MONIES OTHERWISE DISTRIBUTED PURSUANT TO THIS SECTION.
   48    (IV)  PAYMENTS  UNDER THIS SUBDIVISION MAY INCLUDE, BUT NOT BE LIMITED
   49  TO, TEMPORARY RATE ADJUSTMENTS, LUMP SUM MEDICAID PAYMENTS, SUPPLEMENTAL
   50  RATE METHODOLOGIES AND ANY OTHER PAYMENTS AS DETERMINED BY  THE  COMMIS-
   51  SIONER.
   52    (V)  PAYMENTS  UNDER  THIS SUBDIVISION SHALL BE SUBJECT TO APPROVAL BY
   53  THE DIRECTOR OF THE BUDGET.
   54    (VI) THE COMMISSIONER MAY PROMULGATE  REGULATIONS  TO  EFFECTUATE  THE
   55  PROVISIONS OF THIS SUBDIVISION.
       S. 4207                            17
    1    S  15.  Subparagraph (iv) of paragraph (b) of subdivision 6 of section
    2  367-a of the social services law, as amended by section 40 of part C  of
    3  chapter 58 of the laws of 2005, is amended to read as follows:
    4    (iv)  individuals  [enrolled  in  health  maintenance organizations or
    5  other entities which provide comprehensive  health  services,  or  other
    6  managed care programs for services covered by such programs, except that
    7  such  persons,  other  than  persons otherwise exempted from co-payments
    8  pursuant to subparagraphs (i), (ii), (iii) and (v)  of  this  paragraph,
    9  and  other  than  those  persons  enrolled  in  a managed long term care
   10  program, shall be subject to co-payments as  described  in  subparagraph
   11  (v)  of  paragraph  (d) of this subdivision] WHOSE FAMILY INCOME IS LESS
   12  THAN ONE HUNDRED PERCENT OF THE FEDERAL  POVERTY  LINE,  AS  DEFINED  IN
   13  SUBPARAGRAPH  FOUR  OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE
   14  HUNDRED SIXTY-SIX OF THIS TITLE, FOR A FAMILY OF THE SAME SIZE; and
   15    S 16.  Section 12 of part A of chapter 1 of the laws of 2002, relating
   16  to the health care reform act of 2000, is amended to read as follows:
   17    S 12. Notwithstanding any inconsistent provision of law or  regulation
   18  to  the  contrary,  and subject to the availability of federal financial
   19  participation pursuant to title XIX of the federal social security  act,
   20  effective  for  the period September 1, 2001 through March 31, 2002, and
   21  state fiscal years thereafter, UNTIL MARCH 31, 2012, the  department  of
   22  health  is  authorized  to pay a specialty hospital adjustment to public
   23  general hospitals, as defined in subdivision 10 of section 2801  of  the
   24  public health law, other than those operated by the state of New York or
   25  the  state university of New York, receiving reimbursement for all inpa-
   26  tient services under title XIX of the federal social security act pursu-
   27  ant to paragraph (e) of subdivision 4 of section 2807-c  of  the  public
   28  health  law,  and located in a city with a population of over 1 million,
   29  of up to four hundred sixty-three million dollars for the period Septem-
   30  ber 1, 2001 through March 31, 2002 and up to seven  hundred  ninety-four
   31  million  dollars  annually  for state fiscal years thereafter as medical
   32  assistance payments for inpatient services pursuant to title 11 of arti-
   33  cle 5 of the social services  law  for  patients  eligible  for  federal
   34  financial  participation  under title XIX of the federal social security
   35  act based on each such hospital's proportionate share of the sum of  all
   36  inpatient  discharges  for  all  facilities  eligible  for an adjustment
   37  pursuant to this section for the base year two years prior to  the  rate
   38  year.  Such proportionate share payment may be added to rates of payment
   39  or made as aggregate payments to eligible public general hospitals.
   40    S 17. Section 13 of part B of chapter 1 of the laws of 2002,  relating
   41  to the health care reform act of 2000, is amended to read as follows:
   42    S  13. Notwithstanding any inconsistent provision of law or regulation
   43  to the contrary, and subject to the availability  of  federal  financial
   44  participation  pursuant to title XIX of the federal social security act,
   45  effective for the period April 1, 2002 through March 31, 2003, and state
   46  fiscal years thereafter UNTIL MARCH 31, 2012, the department  of  health
   47  is  authorized  to pay a specialty hospital adjustment to public general
   48  hospitals, as defined in subdivision 10 of section 2801  of  the  public
   49  health  law,  other  than those operated by the state of New York or the
   50  state university of New York, receiving reimbursement for all  inpatient
   51  services  under title XIX of the federal social security act pursuant to
   52  paragraph (e) of subdivision 4 of section 2807-c of  the  public  health
   53  law,  and located in a city with a population of over one million, of up
   54  to two hundred eighty-six million dollars as medical assistance payments
   55  for inpatient services pursuant to title 11 of article 5 of  the  social
   56  services  law  for patients eligible for federal financial participation
       S. 4207                            18
    1  under title XIX of the federal social security act based  on  each  such
    2  hospital's  proportionate  share  of the sum of all inpatient discharges
    3  for all facilities eligible for an adjustment pursuant to  this  section
    4  for  the  base year two years prior to the rate year. Such proportionate
    5  share payment may be added to rates of  payment  or  made  as  aggregate
    6  payments to eligible hospitals.
    7    S  18. Notwithstanding any inconsistent provision of law or regulation
    8  to the contrary, and subject to the availability  of  federal  financial
    9  participation  pursuant to title XIX of the federal social security act,
   10  effective for the period April 1, 2012,  through  March  31,  2013,  and
   11  state fiscal years thereafter, the department of health is authorized to
   12  pay a public hospital adjustment to public general hospitals, as defined
   13  in  subdivision  10 of section 2801 of the public health law, other than
   14  those operated by the state of New York or the state university  of  New
   15  York,  and  located in a city with a population of over 1 million, of up
   16  to one billion eighty million dollars  annually  as  medical  assistance
   17  payments for inpatient services pursuant to title 11 of article 5 of the
   18  social  services law for patients eligible for federal financial partic-
   19  ipation under title XIX of the federal social security act based on such
   20  criteria and methodologies as the commissioner may from time to time set
   21  through a memorandum of understanding with the New York city health  and
   22  hospitals  corporation,  and  such adjustments shall be paid by means of
   23  one or more estimated payments,  with  such  estimated  payments  to  be
   24  reconciled  to  the  commissioner  of health's final adjustment determi-
   25  nations after the disproportionate  share  hospital  payment  adjustment
   26  caps have been calculated for such period under sections 1923(f) and (g)
   27  of the federal social security act. Such adjustment payment may be added
   28  to  rates  of  payment  or made as aggregate payments to eligible public
   29  general hospitals.
   30    S 19.  Section 14 of part A of chapter 1 of the laws of 2002, relating
   31  to the health care reform act of 2000, is amended to read as follows:
   32    S 14. Notwithstanding any inconsistent provision of law, rule or regu-
   33  lation to the contrary, and  subject  to  the  availability  of  federal
   34  financial  participation  pursuant  to  title  XIX of the federal social
   35  security act, effective for the period January 1, 2002 through March 31,
   36  2002, and state fiscal  years  thereafter  UNTIL  MARCH  31,  2011,  the
   37  department of health is authorized to increase the operating cost compo-
   38  nent  of  rates  of payment for general hospital outpatient services and
   39  general hospital emergency room services issued  pursuant  to  paragraph
   40  (g) of subdivision 2 of section 2807 of the public health law for public
   41  general  hospitals,  as defined in subdivision 10 of section 2801 of the
   42  public health law, other than those operated by the state of New York or
   43  the state university of New York, and located in a  city  with  a  popu-
   44  lation  of  over  one  million, which experienced free patient visits in
   45  excess of twenty percent of their total self-pay and free patient visits
   46  based on data reported on exhibit 33 of their  1999  institutional  cost
   47  report  and  which  experienced uninsured outpatient losses in excess of
   48  seventy-five percent of their total inpatient and  outpatient  uninsured
   49  losses  based on data reported on exhibit 47 of their 1999 institutional
   50  cost report, of up to thirty-four million dollars for the period January
   51  1, 2002 through March 31, 2002 and up to one hundred thirty-six  million
   52  dollars annually for state fiscal years thereafter as medical assistance
   53  payments  for  outpatient  services pursuant to title 11 of article 5 of
   54  the social services law for  patients  eligible  for  federal  financial
   55  participation  under  title XIX of the federal social security act based
   56  on each such hospital's proportionate share of the sum of all outpatient
       S. 4207                            19
    1  visits for all facilities eligible for an adjustment  pursuant  to  this
    2  section for the base year two years prior to the rate year. Such propor-
    3  tionate share payment may be added to rates of payment or made as aggre-
    4  gate payments to eligible public general hospitals.
    5    S  20. Section 14 of part B of chapter 1 of the laws of 2002, relating
    6  to the health care reform act of 2000, is amended to read as follows:
    7    S 14. Notwithstanding any inconsistent provision of law or  regulation
    8  to  the  contrary,  and subject to the availability of federal financial
    9  participation pursuant to title XIX of the federal social security  act,
   10  effective  for  the  period  January 1, 2002 through March 31, 2002, and
   11  state fiscal years thereafter UNTIL MARCH 31, 2011,  the  department  of
   12  health  is  authorized to increase the operating cost component of rates
   13  of payment for general hospital outpatient services and general hospital
   14  emergency room services issued pursuant to paragraph (g) of  subdivision
   15  2 of section 2807 of the public health law for public general hospitals,
   16  as  defined  in subdivision 10 of section 2801 of the public health law,
   17  other than those operated by the state of New York or the state  univer-
   18  sity  of  New  York, and located in a city with a population of over one
   19  million, which experienced free  patient  visits  in  excess  of  twenty
   20  percent  of  their  total self-pay and free patient visits based on data
   21  reported on exhibit 33 of their 1999 institutional cost report and which
   22  experienced  uninsured  outpatient  losses  in  excess  of  seventy-five
   23  percent  of  their total inpatient and outpatient uninsured losses based
   24  on data reported on exhibit 47 of their 1999 institutional cost  report,
   25  of  up  to  thirty-seven  million dollars for the period January 1, 2002
   26  through March 31, 2002 and one hundred fifty-one million dollars annual-
   27  ly for state fiscal years thereafter as medical assistance payments  for
   28  outpatient  services  pursuant  to  title  11 of article 5 of the social
   29  services law for patients eligible for federal  financial  participation
   30  under  title  XIX  of the federal social security act based on each such
   31  hospital's proportionate share of the sum of all outpatient  visits  for
   32  all  facilities  eligible for an adjustment pursuant to this section for
   33  the base year two years prior to the rate year. Such proportionate share
   34  payment may be added to rates of payment or made as  aggregate  payments
   35  to eligible public general hospitals.
   36    S 21. Notwithstanding any inconsistent provision of law, rule or regu-
   37  lation  to  the  contrary,  and  subject  to the availability of federal
   38  financial participation pursuant to title  XIX  of  the  federal  social
   39  security  act,  effective for the period April 1, 2011 through March 31,
   40  2012, and state fiscal years thereafter, the  department  of  health  is
   41  authorized  to increase the operating cost component of rates of payment
   42  for general hospital outpatient services and general hospital  emergency
   43  room  services  issued  pursuant  to  paragraph  (g) of subdivision 2 of
   44  section 2807 of the public health law for public general  hospitals,  as
   45  defined  in  subdivision  10  of  section 2801 of the public health law,
   46  other than those operated by the state of New York or the state  univer-
   47  sity  of  New  York,  and  located  in a city with a population over one
   48  million, up to two hundred  eighty-seven  million  dollars  annually  as
   49  medical assistance payments for outpatient services pursuant to title 11
   50  of article 5 of the social services law for patients eligible for feder-
   51  al financial participation under title XIX of the federal social securi-
   52  ty  act based on such criteria and methodologies as the commissioner may
   53  from time to time set through a memorandum of understanding with the New
   54  York city health and hospitals corporation, and such  adjustments  shall
   55  be  paid by means of one or more estimated payments, with such estimated
   56  payments to be reconciled to the commissioner of health's final  adjust-
       S. 4207                            20
    1  ment  determinations  after  the disproportionate share hospital payment
    2  adjustment caps have been calculated  for  such  period  under  sections
    3  1923(f)  and  (g)  of  the  federal social security act. Such adjustment
    4  payment  may  be added to rates of payment or made as aggregate payments
    5  to eligible public general hospitals.
    6    S 22. Section 16 of part A of chapter 1 of the laws of 2002,  relating
    7  to the health care reform act of 2000, is amended to read as follows:
    8    S  16. Any amounts provided pursuant to sections eleven, twelve, thir-
    9  teen and fourteen of this act shall be effective for purposes of  deter-
   10  mining  payments  for  public general hospitals contingent on receipt of
   11  all approvals required by federal law or regulations for federal  finan-
   12  cial participation in payments made pursuant to title XIX of the federal
   13  social  security  act. If federal approvals are not granted for payments
   14  based on such amounts or components thereof, payments to public  general
   15  hospitals  shall  be determined without consideration of such amounts or
   16  such components. Public general hospitals shall refund to the state,  or
   17  the   state  may  recoup  from  prospective  payments,  any  overpayment
   18  received, including those  based  on  a  retroactive  reduction  in  the
   19  payments.  Any  reduction in federal financial participation pursuant to
   20  title XIX of the federal social security act related  to  federal  upper
   21  payment  limits  APPLICABLE TO PUBLIC GENERAL HOSPITALS OTHER THAN THOSE
   22  OPERATED BY THE STATE UNIVERSITY OF NEW YORK shall be  deemed  to  apply
   23  first  to amounts provided pursuant to sections eleven, twelve, thirteen
   24  and fourteen of this act AND SECTIONS SIXTEEN AND NINETEEN OF A  CHAPTER
   25  OF THE LAWS OF TWO THOUSAND FIFTEEN.
   26    S 23.  Section 20 of part B of chapter 1 of the laws of 2002, relating
   27  to the health care reform act of 2000, is amended to read as follows:
   28    S  20. Any amounts provided pursuant to sections thirteen and fourteen
   29  of this act shall be effective for purposes of determining payments  for
   30  public general hospitals contingent on receipt of all approvals required
   31  by  federal  law  or  regulations for federal financial participation in
   32  payments made pursuant to title XIX of the federal social security  act.
   33  If  federal approvals are not granted for payments based on such amounts
   34  or components thereof, payments to public  general  hospitals  shall  be
   35  determined  without  consideration  of  such amounts or such components.
   36  Public general hospitals shall refund to the state,  or  the  state  may
   37  recoup  from  prospective  payments, any overpayment received, including
   38  those based on a retroactive reduction in the payments. Any reduction in
   39  federal financial participation pursuant to title  XIX  of  the  federal
   40  social  security  act related to federal upper payment limits APPLICABLE
   41  TO PUBLIC GENERAL HOSPITALS OTHER THAN THOSE OPERATED BY  THE  STATE  OF
   42  NEW  YORK  OR  THE STATE UNIVERSITY OF NEW YORK shall be deemed to apply
   43  first to amounts provided pursuant to sections thirteen and fourteen  of
   44  this  act  AND SECTIONS SIXTEEN AND NINETEEN OF A CHAPTER OF THE LAWS OF
   45  TWO THOUSAND FIFTEEN.
   46    S 24.  Intentionally omitted.
   47    S 25. Intentionally omitted.
   48    S 26. Intentionally omitted.
   49    S 27. Intentionally omitted.
   50    S 28. Sections 50, 51, 52 and 53 of part C of chapter 60 of  the  laws
   51  of  2014  amending  the  social  services law and other laws relating to
   52  eliminating prescriber prevails for brand name drugs with generic equiv-
   53  alents are REPEALED.
   54    S 29. Section 1 of part B of chapter 59 of the laws of 2011,  amending
   55  the  public  health law relating to rates of payment and medical assist-
   56  ance, is amended to read as follows:
       S. 4207                            21
    1    Section 1.   (a) Notwithstanding any inconsistent  provision  of  law,
    2  rule  or  regulation to the contrary, and subject to the availability of
    3  federal financial participation, effective for the period April 1,  2011
    4  through  March  31,  2012,  and  each  state fiscal year thereafter, the
    5  department  of  health  is  authorized  to  make  supplemental  Medicaid
    6  payments OR SUPPLEMENTAL MEDICAID MANAGED CARE PAYMENTS for professional
    7  services provided  by  physicians,  nurse  practitioners  and  physician
    8  assistants  who  are participating in a plan for the management of clin-
    9  ical practice at the State University of New York,  in  accordance  with
   10  title  11  of article 5 of the social services law for patients eligible
   11  for federal financial participation  under  title  XIX  of  the  federal
   12  social security act, in amounts that will increase fees for such profes-
   13  sional services to an amount equal to the average commercial or Medicare
   14  rate that would otherwise be received for such services rendered by such
   15  physicians,  nurse  practitioners  and  physician assistants. The calcu-
   16  lation of such supplemental fee payments shall  be  made  in  accordance
   17  with  applicable  federal law and regulation and subject to the approval
   18  of the division of the budget. Such supplemental Medicaid  fee  payments
   19  may  be added to the professional fees paid under the fee schedule [or],
   20  made as aggregate lump sum payments to eligible clinical practice  plans
   21  authorized to receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS
   22  MADE  FOR  SUCH  PURPOSE  AS  DESCRIBED  HEREIN TO MEDICAID MANAGED CARE
   23  ORGANIZATIONS. SUPPLEMENTAL MEDICAID MANAGED CARE  PAYMENTS  UNDER  THIS
   24  SECTION  SHALL  BE DISTRIBUTED TO PROVIDERS AS DETERMINED BY THE MANAGED
   25  CARE MODEL CONTRACT AND MAY UTILIZE MANAGED CARE  ORGANIZATION  REPORTED
   26  ENCOUNTER DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF
   27  HEALTH  IN  ORDER  TO  ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE
   28  COMMERCIAL OR MEDICARE RATE THAT WOULD OTHERWISE BE  RECEIVED  FOR  SUCH
   29  SERVICES  RENDERED BY SUCH PHYSICIANS, NURSE PRACTITIONERS AND PHYSICIAN
   30  ASSISTANTS.
   31    (b) The affiliated State University of New York health science centers
   32  shall be responsible for payment of one hundred percent of the  non-fed-
   33  eral  share of such supplemental Medicaid payments OR SUPPLEMENTAL MEDI-
   34  CAID MANAGED CARE PAYMENTS for  all  services  provided  by  physicians,
   35  nurse  practitioners and physician assistants who are participating in a
   36  plan for the management of clinical practice, in accordance with section
   37  365-a of the social services law, regardless of whether  another  social
   38  services district or the department of health may otherwise be responsi-
   39  ble  for furnishing medical assistance to the eligible persons receiving
   40  such services.
   41    S 30. Section 93 of part H of chapter 59 of the laws of 2011, amending
   42  the public health law relating to general hospital inpatient  reimburse-
   43  ment for annual rates, is amended to read as follows:
   44    S  93.  1.  Notwithstanding any inconsistent provision of law, rule or
   45  regulation to the contrary, and subject to the availability  of  federal
   46  financial  participation, effective for the period April 1, 2011 through
   47  March 31, 2012, and each state fiscal year thereafter, the department of
   48  health is authorized to make supplemental Medicaid payments  OR  SUPPLE-
   49  MENTAL MEDICAID MANAGED CARE PAYMENTS for professional services provided
   50  by  physicians,  nurse  practitioners  and  physician assistants who are
   51  employed by a public benefit corporation or a non-state operated  public
   52  general  hospital  operated  by  a public benefit corporation or who are
   53  providing professional services at a facility  of  such  public  benefit
   54  corporation  as  either  a member of a practice plan or an employee of a
   55  professional corporation or limited liability corporation under contract
   56  to provide services to patients of such a public benefit corporation, in
       S. 4207                            22
    1  accordance with title 11 of article 5 of the  social  services  law  for
    2  patients eligible for federal financial participation under title XIX of
    3  the  federal social security act, in amounts that will increase fees for
    4  such  professional  services  to  an amount equal to either the Medicare
    5  rate or the average commercial rate that would otherwise be received for
    6  such services rendered  by  such  physicians,  nurse  practitioners  and
    7  physician  assistants,  provided,  however,  that  such supplemental fee
    8  payments shall not be available with  regard  to  services  provided  at
    9  facilities  participating  in  the Medicare Teaching Election Amendment.
   10  The calculation of such supplemental  fee  payments  shall  be  made  in
   11  accordance with applicable federal law and regulation and subject to the
   12  approval  of the division of the budget.  Such supplemental Medicaid fee
   13  payments may be added to the professional fees paid under the fee sched-
   14  ule [or], made as aggregate lump sum payments to entities authorized  to
   15  receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS MADE FOR SUCH
   16  PURPOSE  AS  DESCRIBED  HEREIN  TO  MEDICAID MANAGED CARE ORGANIZATIONS.
   17  SUPPLEMENTAL MEDICAID MANAGED CARE PAYMENTS UNDER THIS SECTION SHALL  BE
   18  DISTRIBUTED  TO  PROVIDERS  AS  DETERMINED  BY  THE  MANAGED  CARE MODEL
   19  CONTRACT AND MAY UTILIZE MANAGED CARE  ORGANIZATION  REPORTED  ENCOUNTER
   20  DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF HEALTH IN
   21  ORDER TO ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE COMMERCIAL OR
   22  MEDICARE  RATE  THAT  WOULD  OTHERWISE  BE  RECEIVED  FOR  SUCH SERVICES
   23  RENDERED BY SUCH PHYSICIANS, NURSE PRACTITIONERS AND  PHYSICIAN  ASSIST-
   24  ANTS.
   25    2. The supplemental Medicaid payments OR SUPPLEMENTAL MEDICAID MANAGED
   26  CARE PAYMENTS for professional services authorized by subdivision one of
   27  this  section  may  be  made  only at the election of the public benefit
   28  corporation or the local social services district in which the non-state
   29  operated public general hospital is located. The electing public benefit
   30  corporation or local social services district shall, notwithstanding the
   31  social services district Medicaid cap provisions of Part C of chapter 58
   32  of the laws of 2005, be responsible for payment of one  hundred  percent
   33  of  the  non-federal  share  of  such supplemental Medicaid payments, in
   34  accordance with section 365-a of the social services law, regardless  of
   35  whether another social services district or the department of health may
   36  otherwise be responsible for furnishing medical assistance to the eligi-
   37  ble  persons receiving such services. Social services district or public
   38  benefit corporation  funding  of  the  non-federal  share  of  any  such
   39  payments  shall  be deemed to be voluntary for purposes of the increased
   40  federal medical assistance percentage provisions of the American  Recov-
   41  ery  and  Reinvestment Act of 2009, provided, however, that in the event
   42  the federal Centers for Medicare and Medicaid Services  determines  that
   43  such  non-federal share payments are not voluntary payments for purposes
   44  of such act, the provisions of this section shall be null and void.
   45    S 31. Intentionally omitted.
   46    S 32.  Intentionally omitted.
   47    S 33. Intentionally omitted.
   48    S 34. Transportation assessment for people with developmental disabil-
   49  ities and other populations.   (a) The commissioner of  the  office  for
   50  people  with  developmental  disabilities is authorized to contract with
   51  one or more entities to conduct an assessment of the mobility and trans-
   52  portation needs of persons with disabilities, including  for  integrated
   53  employment  opportunities in accordance with section 13.41 of the mental
   54  hygiene law, as well as the mentally ill, those who engage  in  chemical
   55  abuse  or  are chemically dependent, and the aging. The contractor shall
   56  consult with the office  for  people  with  developmental  disabilities,
       S. 4207                            23
    1  department  of  transportation,  department  of  health,  office for the
    2  aging, office of mental health, office of alcoholism and substance abuse
    3  services, and stakeholders  including  consumer  groups,  transportation
    4  providers  and  transportation systems in conducting the assessment. The
    5  assessment shall include but not be limited to:  the  identification  of
    6  locally   based  transportation  providers  and  transportation  systems
    7  equipped to participate  in  a  possible  pilot  demonstration  program;
    8  considerations  regarding  the  availability  of  public transportation,
    9  public safety  concerns  and  the  duplication  of  services;  reporting
   10  requirements for cost savings and evaluation of whether specialized care
   11  needs  are  being  met; recommendations for the implementation of shared
   12  software to enable  entities  to  track  services,  manage  costs  among
   13  providers, consolidate routes and provide a registry identifying partic-
   14  ipating clients and any specialized care needs that must be met in order
   15  to  effectively provide transportation; recommendations for rate adjust-
   16  ments or reimbursement changes; and identification of any legal,  statu-
   17  tory or regulatory, and funding barriers.
   18    (b)  Following  the  assessment, the contractor shall consult with the
   19  office for people with developmental disabilities, department of  trans-
   20  portation,  department of health, office for the aging, office of mental
   21  health, office of alcoholism and substance abuse  services,  and  stake-
   22  holders  including  consumer groups, transportation providers and trans-
   23  portation systems for the development of a pilot  demonstration  program
   24  to  coordinate medical and non-medical transportation services, maximize
   25  funding sources, enhance community integration  and  any  other  related
   26  tasks.
   27    (c)  The  contractor shall report its findings from its assessment and
   28  make recommendations regarding the creation of  a  transportation  pilot
   29  demonstration program for persons with disabilities, including for inte-
   30  grated  employment opportunities in accordance with section 13.41 of the
   31  mental hygiene law, as well as the mentally ill,  those  who  engage  in
   32  chemical abuse or are chemically dependent, and the aging, to the gover-
   33  nor, the temporary president of the senate and the speaker of the assem-
   34  bly  no  later  than  January  1,  2016. Any transportation pilot demon-
   35  stration program resulting from the assessment  authorized  pursuant  to
   36  this section shall be subject to legislative approval.
   37    S 35. Intentionally omitted.
   38    S 36. Intentionally omitted.
   39    S 37. Intentionally omitted.
   40    S 38. Section 2808 of the public health law is amended by adding a new
   41  subdivision 27 to read as follows:
   42    27.  FOR  PERIODS  ON  OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, THE
   43  COMMISSIONER  SHALL  AUTHORIZE  AN  ENERGY  EFFICIENCY  AND/OR  DISASTER
   44  PREPAREDNESS  DEMONSTRATION  PROGRAM FOR RESIDENTIAL HEALTH CARE FACILI-
   45  TIES. SUCH PROGRAM SHALL INCLUDE AN EVALUATION OF FACILITY ENERGY  EFFI-
   46  CIENCY   AND   DISASTER   PREPAREDNESS   STATUS  AND  A  FACILITY  BASED
   47  COST/BENEFIT ANALYSIS OF POTENTIAL MODIFICATIONS. THE  DEPARTMENT  SHALL
   48  DEVELOP A PLAN FOR THE PROGRAM, SUBJECT TO A MEMORANDUM OF UNDERSTANDING
   49  WITH  THE  LEGISLATURE  THAT,  AT  A  MINIMUM,  DETAILS: ELIGIBILITY FOR
   50  PARTICIPATION, FUNDING SOURCES, PROJECTED COST SAVINGS TO FACILITIES AND
   51  THE STATE, THE MANNER IN WHICH SAVINGS MAY BE SHARED BETWEEN  THE  STATE
   52  AND  FACILITIES,  AN IMPLEMENTATION TIMELINE AND ANY OTHER PLAN SPECIFIC
   53  INFORMATION AS APPROPRIATE.
   54    S 39. Intentionally omitted.
   55    S 40. Intentionally omitted.
   56    S 41. Intentionally omitted.
       S. 4207                            24
    1    S 42.  Subdivision 12 of section 367-a of the social services law,  as
    2  amended  by section 63-a of part C of chapter 58 of the laws of 2007, is
    3  amended to read as follows:
    4    12. Prior to receiving medical assistance under subparagraphs [twelve]
    5  FIVE  and  [thirteen]  SIX  of paragraph [(a)] (C) of subdivision one of
    6  section three hundred sixty-six of this title, a person whose net avail-
    7  able income is at least one hundred  fifty  percent  of  the  applicable
    8  federal  income  official  poverty  line,  as defined and updated by the
    9  United States department of health and human services, must pay a month-
   10  ly premium, in accordance with a procedure  to  be  established  by  the
   11  commissioner.  The  amount  of such premium shall be twenty-five dollars
   12  for an individual who is otherwise eligible for medical assistance under
   13  such subparagraphs, and fifty dollars for a couple,  both  of  whom  are
   14  otherwise  eligible  for medical assistance under such subparagraphs. No
   15  premium shall be required from a person whose net  available  income  is
   16  less  than  one  hundred  fifty percent of the applicable federal income
   17  official poverty line, as defined  and  updated  by  the  United  States
   18  department of health and human services.
   19    S  43. Subparagraph 6 of paragraph (b) of subdivision 1 of section 366
   20  of the social services law, as added by section 1 of part D  of  chapter
   21  56 of the laws of 2013, is amended to read as follows:
   22    (6) An individual who is not otherwise eligible for medical assistance
   23  under  this section is eligible for coverage of family planning services
   24  reimbursed by the federal government at a rate of  ninety  percent,  and
   25  for  coverage of those services identified by the commissioner of health
   26  as services generally performed as part  of  or  as  a  follow-up  to  a
   27  service eligible for such ninety percent reimbursement, including treat-
   28  ment  for  sexually  transmitted diseases, if his or her income does not
   29  exceed the MAGI-equivalent of two hundred percent of the federal poverty
   30  line for the applicable  family  size,  which  shall  be  calculated  in
   31  accordance  with  guidance  issued by the secretary of the United States
   32  department of health and human services[.]; PROVIDED  FURTHER  THAT  THE
   33  COMMISSIONER  OF HEALTH IS AUTHORIZED TO ESTABLISH CRITERIA FOR PRESUMP-
   34  TIVE ELIGIBILITY FOR SERVICES PROVIDED PURSUANT TO THIS SUBPARAGRAPH  IN
   35  ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS OF FEDERAL LAW OR REGULATION
   36  PERTAINING TO SUCH ELIGIBILITY.
   37    S  44.  Subdivision  1 of section 398-b of the social services law, as
   38  added by section 44 of part C of chapter 60 of  the  laws  of  2014,  is
   39  amended to read as follows:
   40    1.  Notwithstanding  any inconsistent provision of law to the contrary
   41  and subject to the availability of federal financial participation,  the
   42  commissioner is authorized to make grants [from] UP TO a gross amount of
   43  five  million  dollars FOR STATE FISCAL YEAR TWO THOUSAND FOURTEEN--FIF-
   44  TEEN AND UP TO A GROSS AMOUNT  OF  FIFTEEN  MILLION  DOLLARS  FOR  STATE
   45  FISCAL  YEAR  TWO THOUSAND FIFTEEN--SIXTEEN to facilitate the transition
   46  of foster care children placed with voluntary foster  care  agencies  to
   47  managed  care.  The use of such funds may include providing training and
   48  consulting services to voluntary agencies to [access]  ASSESS  readiness
   49  and  make  necessary  infrastructure  and  organizational modifications,
   50  collecting service utilization and other data  from  voluntary  agencies
   51  and  other  entities, and making investments in health information tech-
   52  nology, including the infrastructure necessary to establish and maintain
   53  electronic health records. Such funds shall be distributed pursuant to a
   54  formula to be developed by the commissioner of health,  in  consultation
   55  with  the  commissioner of the office of CHILDREN AND family [and child]
   56  services. In developing such formula the  commissioners  may  take  into
       S. 4207                            25
    1  account  size  and  scope of provider operations as a factor relevant to
    2  eligibility for such funds.  Each  recipient  of  such  funds  shall  be
    3  required to document and demonstrate the effective use of funds distrib-
    4  uted  herein.    IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAILABLE, THEN
    5  THE NONFEDERAL SHARE OF PAYMENTS PURSUANT TO  THIS  SUBDIVISION  MAY  BE
    6  MADE AS STATE GRANTS.
    7    S 45. Intentionally omitted.
    8    S 46. Intentionally omitted.
    9    S 47. Intentionally omitted.
   10    S 48. Intentionally omitted.
   11    S  49. Subparagraph (i) of paragraph (e-2) of subdivision 4 of section
   12  2807-c of the public health law, as added by section 13  of  part  C  of
   13  chapter 58 of the laws of 2009, is amended to read as follows:
   14    (i)  For  physical  medical  rehabilitation  services and for chemical
   15  dependency rehabilitation services, the operating cost component of such
   16  rates shall reflect the use of two thousand  five  operating  costs  for
   17  each respective category of services as reported by each facility to the
   18  department  prior  to  July first, two thousand nine and as adjusted for
   19  inflation pursuant to paragraph (c) of subdivision ten of this  section,
   20  as otherwise modified by any applicable statute, provided, however, that
   21  such  two  thousand  five  reported  operating  costs, but not including
   22  reported  direct  medical  education  cost,  shall,   for   rate-setting
   23  purposes, be held to a ceiling of one hundred ten percent of the average
   24  of  such  reported costs in the region in which the facility is located,
   25  as determined pursuant to clause (E) of subparagraph (iii) of  paragraph
   26  (1)  of  this  subdivision;  AND  PROVIDED,  FURTHER,  THAT FOR PHYSICAL
   27  MEDICAL REHABILITATION SERVICES, THE COMMISSIONER IS AUTHORIZED TO  MAKE
   28  ADJUSTMENTS  TO  SUCH  RATES  FOR  THE PURPOSES OF REIMBURSING PEDIATRIC
   29  VENTILATOR SERVICES.
   30    S 50. Young adult  special  populations  demonstration  programs.  The
   31  commissioner of health shall be authorized to establish up to four young
   32  adult  special populations demonstration programs to provide cost effec-
   33  tive, necessary services and enhanced quality of care for targeted popu-
   34  lations in order to  demonstrate  the  effectiveness  of  the  programs.
   35  Eligible  individuals  shall  have  severe and chronic medical or health
   36  problems, or multiple disabling conditions which may  be  combined  with
   37  developmental  disabilities. The programs shall provide more appropriate
   38  settings and services for these individuals, help prevent out  of  state
   39  placements and allow repatriation back to their home communities. Eligi-
   40  ble operator applicants shall be not-for-profit with demonstrated exper-
   41  tise in caring for the targeted population including persons with severe
   42  and  chronic medical or health problems or multiple disabling conditions
   43  and a record of providing quality care.
   44    Funds may include, but not be limited  to,  start  up  funds,  capital
   45  investments and enhanced rates.
   46    Of the four demonstrations:
   47    (a) at least one shall be designed to serve persons aged twenty-one to
   48  thirty-five  years  of  age  who  are  aging out of pediatric acute care
   49  hospitals or pediatric nursing homes; and
   50    (b) at least one shall be designed to serve persons aged twenty-one to
   51  thirty-five years of age who have a developmental disability in addition
   52  to their severe and chronic medical or health problems and are aging out
   53  of pediatric acute care hospitals, pediatric nursing homes or children's
   54  residential homes operated under the  jurisdiction  of  the  office  for
   55  persons with developmental disabilities.
       S. 4207                            26
    1    The department of health shall be responsible for monitoring the qual-
    2  ity and appropriateness and effectiveness of the demonstration programs,
    3  and  shall  report to the legislature no later than December 31, 2015 on
    4  what efforts it has undertaken toward the establishment of these  demon-
    5  stration  programs and shall report to the legislature two years follow-
    6  ing the establishment  of  a  demonstration  program  pursuant  to  this
    7  section.
    8    S  51.  Paragraph  d  of  subdivision 20 of section 2808 of the public
    9  health law, as added by section 8 of part H of section 59 of the laws of
   10  2011, is amended to read as follows:
   11    d. Notwithstanding any contrary provision of law, rule or  regulation,
   12  for  rate  periods on and after April first, two thousand eleven THROUGH
   13  MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, the commissioner may reduce or
   14  eliminate the payment factor for return on or return of  equity  in  the
   15  capital  cost  component  of  Medicaid  rates  of  payment  for services
   16  provided by residential health care facilities.
   17    S 52. Section 2803 of the public health law is amended by adding a new
   18  subdivision 11 to read as follows:
   19    11. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR  REGULATION  TO  THE
   20  CONTRARY,  THE COMMISSIONER SHALL ALLOW DIAGNOSTIC AND TREATMENT CENTERS
   21  AND OUTPATIENT CLINICS OF GENERAL HOSPITALS TO PROVIDE OFF-SITE SERVICES
   22  TO EXISTING PATIENTS IN NEED OF PROFESSIONAL SERVICES AVAILABLE  AT  THE
   23  DIAGNOSTIC  AND  TREATMENT CENTER OR GENERAL HOSPITAL OUTPATIENT CLINIC,
   24  BUT, DUE TO THE INDIVIDUAL'S MEDICAL CONDITION,  IS  UNABLE  TO  RECEIVE
   25  ON-SITE  SERVICES  AT  THE  DIAGNOSTIC  AND  TREATMENT CENTER OR GENERAL
   26  HOSPITAL OUTPATIENT CLINIC.
   27    S 53. Subdivision 25 of section 364-j of the social services  law,  as
   28  added  by  section  55  of  part D of chapter 56 of the laws of 2012, is
   29  amended to read as follows:
   30    25. [Effective January first, two thousand thirteen,  notwithstanding]
   31  NOTWITHSTANDING  any  provision  of  law  to  the contrary, managed care
   32  providers shall cover medically necessary  prescription  drugs  [in  the
   33  atypical   antipsychotic  therapeutic  class],  including  non-formulary
   34  drugs[, upon demonstration by]. IF the  prescriber[,]  DETERMINES  after
   35  consulting  with  the  managed  care  provider,  that such drugs, in the
   36  prescriber's reasonable professional judgment, are  medically  necessary
   37  and warranted, THE PRESCRIBER'S DETERMINATION SHALL BE FINAL.
   38    S  54. Subdivision 25-a of section 364-j of the social services law is
   39  REPEALED.
   40    S 55. Section 365-d of the social services law is REPEALED and  a  new
   41  section 365-d is added to read as follows:
   42    S  365-D.  HEALTH  TECHNOLOGY  ASSESSMENT COMMITTEE. 1. THE DEPARTMENT
   43  SHALL CONVENE A HEALTH TECHNOLOGY ASSESSMENT  COMMITTEE.  THE  COMMITTEE
   44  SHALL,  AT  THE  REQUEST  OF  THE  COMMISSIONER, PROVIDE ADVICE AND MAKE
   45  RECOMMENDATIONS REGARDING COVERAGE OF HEALTH TECHNOLOGY FOR PURPOSES  OF
   46  THE  MEDICAL  ASSISTANCE  PROGRAM.  THE  COMMISSIONER SHALL CONSULT SUCH
   47  COMMITTEE PRIOR TO ANY DETERMINATION TO EXCLUDE FROM COVERAGE ANY HEALTH
   48  TECHNOLOGY FROM THE MEDICAL ASSISTANCE PROGRAM.  FOR  PURPOSES  OF  THIS
   49  SECTION,  "HEALTH  TECHNOLOGY" MEANS MEDICAL DEVICES AND SURGICAL PROCE-
   50  DURES USED IN THE PREVENTION, DIAGNOSIS AND  TREATMENT  OF  DISEASE  AND
   51  OTHER MEDICAL CONDITIONS.
   52    2.  (A)  THE  HEALTH  TECHNOLOGY ASSESSMENT COMMITTEE SHALL CONSIST OF
   53  THIRTEEN MEMBERS, SEVEN OF WHOM SHALL BE APPOINTED BY THE  COMMISSIONER,
   54  THREE  MEMBERS  SHALL  BE  APPOINTED  BY  THE TEMPORARY PRESIDENT OF THE
   55  SENATE, AND THREE MEMBERS SHALL BE  APPOINTED  BY  THE  SPEAKER  OF  THE
   56  ASSEMBLY.  MEMBERS  SHALL  SERVE  THREE  YEAR TERMS; EXCEPT THAT FOR THE
       S. 4207                            27
    1  INITIAL APPOINTMENTS TO THE COMMITTEE, THREE MEMBERS  APPOINTED  BY  THE
    2  COMMISSIONER,  AND  ONE OF THE MEMBERS APPOINTED BY THE TEMPORARY PRESI-
    3  DENT OF THE SENATE AND BY THE SPEAKER OF THE ASSEMBLY, SHALL  SERVE  ONE
    4  YEAR  TERMS, THREE MEMBERS APPOINTED BY THE COMMISSIONER, AND ONE OF THE
    5  MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE  AND  BY  THE
    6  SPEAKER  OF  THE ASSEMBLY, SHALL SERVE TWO YEAR TERMS; AND THE REMAINING
    7  THREE MEMBERS SHALL SERVE THREE YEAR TERMS.  COMMITTEE  MEMBERS  MAY  BE
    8  REAPPOINTED  UPON  THE  COMPLETION OF THEIR TERMS. WITH THE EXCEPTION OF
    9  THE CHAIRPERSON, NO MEMBER OF THE COMMITTEE SHALL BE AN EMPLOYEE OF  THE
   10  STATE  OR  ANY POLITICAL SUBDIVISION OF THE STATE, OTHER THAN FOR HIS OR
   11  HER MEMBERSHIP ON THE COMMITTEE, EXCEPT FOR  EMPLOYEES  OF  HEALTH  CARE
   12  FACILITIES  OR  UNIVERSITIES  OPERATED  BY  THE  STATE, A PUBLIC BENEFIT
   13  CORPORATION, THE STATE UNIVERSITY OF NEW YORK OR MUNICIPALITIES.
   14    (B) THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE AS FOLLOWS:
   15    (I) THREE PERSONS LICENSED AND ACTIVELY ENGAGED  IN  THE  PRACTICE  OF
   16  MEDICINE IN THIS STATE;
   17    (II) ONE PERSON LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF NURS-
   18  ING  AS  A  NURSE  PRACTITIONER, OR IN THE PRACTICE OF MIDWIFERY IN THIS
   19  STATE;
   20    (III) ONE PERSON WHO IS A REPRESENTATIVE OF  A  HEALTH  TECHNOLOGY  OR
   21  MEDICAL  DEVICE  ORGANIZATION  WITH  A  REGIONAL,  STATEWIDE OR NATIONAL
   22  CONSTITUENCY;
   23    (IV) ONE PERSON WITH EXPERTISE IN HEALTH TECHNOLOGY ASSESSMENT WHO  IS
   24  A  HEALTH  CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF THE EDUCATION
   25  LAW;
   26    (V) THREE PERSONS WHO SHALL BE CONSUMERS OR REPRESENTATIVES OF  ORGAN-
   27  IZATIONS  WITH  A  REGIONAL  OR STATEWIDE CONSTITUENCY AND WHO HAVE BEEN
   28  INVOLVED IN ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY;
   29    (VI) ONE PERSON WHO IS A REPRESENTATIVE  OF  A  HOSPITAL  ORGANIZATION
   30  WITH A REGIONAL, NATIONAL OR STATEWIDE CONSTITUENCY;
   31    (VII)  ONE  PERSON  WHO  IS  A REPRESENTATIVE OF A HEALTH INSURANCE OR
   32  MANAGED CARE ORGANIZATION WITH A REGIONAL, NATIONAL OR STATEWIDE CONSTI-
   33  TUENCY;
   34    (VIII) ONE PERSON WHO IS A HEALTH ECONOMIST; AND
   35    (IX) A MEMBER OF THE DEPARTMENT WHO SHALL ACT AS CHAIRPERSON AS DESIG-
   36  NATED BY THE COMMISSIONER.
   37    (C) THE COMMITTEE MAY INVITE AND CONSULT WITH SCIENTIFIC, TECHNICAL OR
   38  CLINICAL EXPERTS WITH DEMONSTRATABLE  EXPERIENCE  OR  KNOWLEDGE  OF  THE
   39  TECHNOLOGY UNDER REVIEW.
   40    3.  THE  HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL BE A PUBLIC BODY
   41  UNDER ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW AND  SUBJECT  TO  ARTICLE
   42  SIX  OF  THE  PUBLIC OFFICERS LAW. THE DEPARTMENT SHALL PROVIDE INTERNET
   43  ACCESS TO ALL  MEETINGS  OF  SUCH  COMMITTEE  THROUGH  THE  DEPARTMENT'S
   44  WEBSITE.
   45    4.  THE  MEMBERS  OF  THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL
   46  RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE  REIMBURSED  FOR
   47  EXPENSES  ACTUALLY  AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR
   48  DUTIES. COMMITTEE MEMBERS SHALL BE DEEMED TO BE EMPLOYEES OF THE DEPART-
   49  MENT FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS  LAW,  AND
   50  SHALL  NOT  PARTICIPATE  IN  ANY MATTER FOR WHICH A CONFLICT OF INTEREST
   51  EXISTS.
   52    5. THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL, AT THE REQUEST OF
   53  THE COMMISSIONER, CONSIDER ANY  MATTER  RELATING  TO  HEALTH  TECHNOLOGY
   54  ASSESSMENT.    THE  COMMISSIONER  SHALL PROVIDE MEMBERS OF THE COMMITTEE
   55  WITH ANY EVIDENCE  OR  INFORMATION  RELATED  TO  THE  HEALTH  TECHNOLOGY
   56  ASSESSMENT  INCLUDING,  BUT  NOT  LIMITED  TO,  INFORMATION SUBMITTED BY
       S. 4207                            28
    1  MEMBERS OF THE PUBLIC.  THE COMMISSIONER SHALL PROVIDE SIXTY DAYS PUBLIC
    2  NOTICE ON THE DEPARTMENT'S WEBSITE PRIOR TO ANY MEETING OF THE COMMITTEE
    3  TO DEVELOP RECOMMENDATIONS CONCERNING HEALTH TECHNOLOGY COVERAGE  DETER-
    4  MINATIONS.  SUCH  NOTICE  SHALL  INCLUDE  A  DESCRIPTION OF THE PROPOSED
    5  HEALTH TECHNOLOGY TO BE REVIEWED, THE CONDITIONS OR DISEASES IMPACTED BY
    6  THE HEALTH TECHNOLOGY, THE PROPOSALS TO BE CONSIDERED BY THE  COMMITTEE,
    7  AND THE SYSTEMATIC EVIDENCE-BASED ASSESSMENT PREPARED IN ACCORDANCE WITH
    8  THIS  SUBDIVISION.    THE  COMMITTEE  SHALL  ALLOW  INTERESTED PARTIES A
    9  REASONABLE OPPORTUNITY TO MAKE AN ORAL  PRESENTATION  TO  THE  COMMITTEE
   10  RELATED  TO  THE  HEALTH TECHNOLOGY TO BE REVIEWED AND TO SUBMIT WRITTEN
   11  INFORMATION. THE COMMITTEE SHALL CONSIDER ANY  INFORMATION  PROVIDED  BY
   12  ANY INTERESTED PARTY, INCLUDING, BUT NOT LIMITED TO, HEALTH CARE PROVID-
   13  ERS, HEALTH CARE FACILITIES, PATIENTS, CONSUMERS AND MANUFACTURERS.  FOR
   14  ALL  HEALTH  TECHNOLOGIES  SELECTED  FOR  REVIEW, THE COMMISSIONER SHALL
   15  CONDUCT A SYSTEMATIC EVIDENCE-BASED ASSESSMENT OF THE  HEALTH  TECHNOLO-
   16  GY'S  SAFETY AND CLINICAL EFFICACY. THE ASSESSMENT SHALL USE ESTABLISHED
   17  SYSTEMATIC REVIEW ELEMENTS, SUCH AS A  PICO  (POPULATION,  INTERVENTION,
   18  COMPARATOR  AND  OUTCOMES) STATEMENT, KEY QUESTIONS, PRESPECIFIED INCLU-
   19  SION AND EXCLUSION CRITERIA, STUDY QUALITY ASSESSMENT, AND DATA  SYNTHE-
   20  SIS. UPON COMPLETION, THE SYSTEMATIC, EVIDENCE-BASED ASSESSMENT SHALL BE
   21  MADE AVAILABLE TO THE PUBLIC.
   22    6.  THE  COMMISSIONER SHALL PROVIDE NOTICE OF ANY COVERAGE RECOMMENDA-
   23  TIONS DEVELOPED BY THE COMMITTEE BY MAKING SUCH INFORMATION AVAILABLE ON
   24  THE DEPARTMENT'S WEBSITE. SUCH PUBLIC NOTICE SHALL INCLUDE: A SUMMARY OF
   25  THE DELIBERATIONS OF THE COMMITTEE; A SUMMARY OF THE POSITIONS OF  THOSE
   26  MAKING  PUBLIC  COMMENTS AT MEETINGS OF THE COMMITTEE AND ANY SAFETY AND
   27  HEALTH OUTCOMES DATA SUBMITTED BY ANY INTERESTED PARTY; THE RESPONSE  OF
   28  THE  COMMITTEE  TO  THOSE  COMMENTS,  IF ANY; THE CLINICAL EVIDENCE UPON
   29  WHICH THE COMMITTEE BASES ITS  RECOMMENDATIONS;  AND  THE  FINDINGS  AND
   30  RECOMMENDATIONS  OF  THE  COMMITTEE  INCLUDING  A  FINAL  EVIDENCE-BASED
   31  SYSTEMATIC ASSESSMENT.
   32    7. THE COMMISSIONER SHALL PROVIDE PUBLIC NOTICE  ON  THE  DEPARTMENT'S
   33  WEBSITE  OF HIS OR HER FINAL DETERMINATION, INCLUDING: THE NATURE OF THE
   34  DETERMINATION; AN ANALYSIS OF THE IMPACT OF THE COMMISSIONER'S  DETERMI-
   35  NATION  ON  STATE  PUBLIC HEALTH PLAN POPULATIONS AND PROVIDERS; AND THE
   36  PROJECTED FISCAL IMPACT TO THE STATE PUBLIC HEALTH PLAN PROGRAMS OF  THE
   37  COMMISSIONER'S  DETERMINATION.  THE  COMMISSIONER'S  FINAL DETERMINATION
   38  SHALL NOT OCCUR PRIOR TO THE THIRTIETH  DAY  FROM  THE  POSTING  OF  THE
   39  COMMITTEE'S RECOMMENDATIONS AND FINDINGS ON THE DEPARTMENT'S WEBSITE.
   40    8.  THE RECOMMENDATIONS OF THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE,
   41  MADE PURSUANT TO THIS SECTION,  SHALL  BE  BASED  ON  A  REVIEW  OF  THE
   42  EVIDENCE  PRESENTED  TO THE COMMITTEE, INCLUDING CLINICAL EFFECTIVENESS,
   43  PATIENT OUTCOMES, IMPACT ON AT RISK  AND  UNDERSERVED  POPULATIONS,  AND
   44  SAFETY.  THE COMMITTEE SHALL TRIENNIALLY REVIEW PREVIOUS RECOMMENDATIONS
   45  OF THE COMMITTEE AND PERMIT ORAL PRESENTATIONS AND THE SUBMISSION OF NEW
   46  EVIDENCE AT SUCH TRIENNIAL REVIEW. SUCH REVIEW SHALL OCCUR  PURSUANT  TO
   47  THE  PROCEDURE ESTABLISHED IN SUBDIVISIONS FIVE AND SIX OF THIS SECTION.
   48  THE COMMISSIONER MAY ALTER OR REVOKE  HIS  OR  HER  FINAL  DETERMINATION
   49  AFTER  SUCH  TRIENNIAL  REVIEW  PURSUANT TO THE PROCEDURE ESTABLISHED IN
   50  SUBDIVISION SEVEN OF THIS SECTION.
   51    9. THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT TO THE  COMMIT-
   52  TEE.
   53    S  56. The public health law is amended by adding a new section 2805-x
   54  to read as follows:
   55    S 2805-X. HOSPITAL-HOME CARE-PHYSICIAN COLLABORATION PROGRAM.  1.  THE
   56  PURPOSE  OF  THIS SECTION SHALL BE TO FACILITATE INNOVATION IN HOSPITAL,
       S. 4207                            29
    1  HOME CARE AGENCY AND PHYSICIAN COLLABORATION IN MEETING THE  COMMUNITY'S
    2  HEALTH  CARE  NEEDS.  IT  SHALL PROVIDE A FRAMEWORK TO SUPPORT VOLUNTARY
    3  INITIATIVES IN COLLABORATION TO IMPROVE PATIENT CARE ACCESS AND  MANAGE-
    4  MENT,  PATIENT  HEALTH OUTCOMES, COST-EFFECTIVENESS IN THE USE OF HEALTH
    5  CARE SERVICES AND COMMUNITY POPULATION HEALTH. SUCH COLLABORATIVE INITI-
    6  ATIVES MAY ALSO INCLUDE PAYORS, SKILLED  NURSING  FACILITIES  AND  OTHER
    7  INTERDISCIPLINARY PROVIDERS, PRACTITIONERS AND SERVICE ENTITIES.
    8    2. FOR PURPOSES OF THIS SECTION:
    9    (A)  "HOSPITAL"  SHALL  INCLUDE  A GENERAL HOSPITAL AS DEFINED IN THIS
   10  ARTICLE OR OTHER INPATIENT FACILITY FOR REHABILITATION OR SPECIALTY CARE
   11  WITHIN THE DEFINITION OF HOSPITAL IN THIS ARTICLE.
   12    (B) "HOME CARE AGENCY" SHALL MEAN A CERTIFIED HOME HEALTH AGENCY, LONG
   13  TERM HOME HEALTH CARE PROGRAM OR LICENSED HOME CARE SERVICES  AGENCY  AS
   14  DEFINED IN ARTICLE THIRTY-SIX OF THIS CHAPTER.
   15    (C)  "PAYOR"  SHALL  MEAN  A  HEALTH PLAN APPROVED PURSUANT TO ARTICLE
   16  FORTY-FOUR OF THIS CHAPTER, OR ARTICLE THIRTY-TWO OR FORTY-THREE OF  THE
   17  INSURANCE LAW.
   18    (D)  "PRACTITIONER"  SHALL  MEAN  ANY  OF THE HEALTH, MENTAL HEALTH OR
   19  HEALTH RELATED PROFESSIONS LICENSED  PURSUANT  TO  TITLE  EIGHT  OF  THE
   20  EDUCATION LAW.
   21    3.  THE COMMISSIONER IS AUTHORIZED TO PROVIDE FINANCING INCLUDING, BUT
   22  NOT LIMITED TO, GRANTS OR POSITIVE  ADJUSTMENTS  IN  MEDICAL  ASSISTANCE
   23  RATES  OR  PREMIUM  PAYMENTS, TO THE EXTENT OF FUNDS AVAILABLE AND ALLO-
   24  CATED OR APPROPRIATED THEREFOR, INCLUDING FUNDS PROVIDED  TO  THE  STATE
   25  THROUGH  FEDERAL  WAIVERS,  FUNDS MADE AVAILABLE THROUGH STATE APPROPRI-
   26  ATIONS AND/OR FUNDING THROUGH SECTION TWENTY-EIGHT  HUNDRED  SEVEN-V  OF
   27  THIS  ARTICLE,  AS WELL AS WAIVERS OF REGULATIONS UNDER TITLE TEN OF THE
   28  NEW YORK CODES, RULES AND REGULATIONS, TO SUPPORT THE  VOLUNTARY  INITI-
   29  ATIVES AND OBJECTIVES OF THIS SECTION.
   30    4.  HOSPITAL-HOME  CARE-PHYSICIAN COLLABORATIVE INITIATIVES UNDER THIS
   31  SECTION MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
   32    (A) HOSPITAL-HOME CARE-PHYSICIAN  INTEGRATION  INITIATIVES,  INCLUDING
   33  BUT NOT LIMITED TO:
   34    (I)  TRANSITIONS  IN  CARE  INITIATIVES TO HELP EFFECTIVELY TRANSITION
   35  PATIENTS TO POST-ACUTE CARE  AT  HOME,  COORDINATE  FOLLOW-UP  CARE  AND
   36  ADDRESS ISSUES CRITICAL TO CARE PLAN SUCCESS AND READMISSION AVOIDANCE;
   37    (II)  CLINICAL  PATHWAYS  FOR  SPECIFIED CONDITIONS, GUIDING PATIENTS'
   38  PROGRESS AND OUTCOME GOALS, AS WELL AS EFFECTIVE HEALTH SERVICES USE;
   39    (III) APPLICATION OF TELEHEALTH/TELEMEDICINE  SERVICES  IN  MONITORING
   40  AND  MANAGING  PATIENT  CONDITIONS,  AND PROMOTING SELF-CARE/MANAGEMENT,
   41  IMPROVED OUTCOMES AND EFFECTIVE SERVICES USE;
   42    (IV) FACILITATION OF  PHYSICIAN  HOUSE  CALLS  TO  HOMEBOUND  PATIENTS
   43  AND/OR  TO  PATIENTS  FOR WHOM SUCH HOME VISITS ARE DETERMINED NECESSARY
   44  AND EFFECTIVE FOR PATIENT CARE MANAGEMENT;
   45    (V) ADDITIONAL MODELS FOR PREVENTION OF  AVOIDABLE  HOSPITAL  READMIS-
   46  SIONS AND EMERGENCY ROOM VISITS;
   47    (VI) HEALTH HOME DEVELOPMENT;
   48    (VII)  DEVELOPMENT  AND  DEMONSTRATION  OF NEW MODELS OF INTEGRATED OR
   49  COLLABORATIVE CARE AND CARE MANAGEMENT NOT OTHERWISE ACHIEVABLE  THROUGH
   50  EXISTING MODELS; AND
   51    (VIII)  BUNDLED PAYMENT DEMONSTRATIONS FOR HOSPITAL-TO-POST-ACUTE-CARE
   52  FOR SPECIFIED CONDITIONS OR CATEGORIES  OF  CONDITIONS,  IN  PARTICULAR,
   53  CONDITIONS  PREDISPOSED  TO  HIGH  PREVALENCE  OF READMISSION, INCLUDING
   54  THOSE CURRENTLY SUBJECT TO FEDERAL/STATE PENALTY, AND  OTHER  DISCHARGES
   55  WITH EXTENSIVE POST-ACUTE NEEDS;
       S. 4207                            30
    1    (B)  RECRUITMENT,  TRAINING AND RETENTION OF HOSPITAL/HOME CARE DIRECT
    2  CARE STAFF AND PHYSICIANS, IN GEOGRAPHIC OR  CLINICAL  AREAS  OF  DEMON-
    3  STRATED NEED.  SUCH INITIATIVES MAY INCLUDE, BUT ARE NOT LIMITED TO, THE
    4  FOLLOWING ACTIVITIES:
    5    (I)  OUTREACH AND PUBLIC EDUCATION ABOUT THE NEED AND VALUE OF SERVICE
    6  IN HEALTH OCCUPATIONS;
    7    (II) TRAINING/CONTINUING EDUCATION  AND  REGULATORY  FACILITATION  FOR
    8  CROSS-TRAINING  TO  MAXIMIZE  FLEXIBILITY  IN  THE UTILIZATION OF STAFF,
    9  INCLUDING:
   10    (A) TRAINING OF HOSPITAL NURSES IN HOME CARE;
   11    (B) DUAL CERTIFIED NURSE AIDE/HOME HEALTH AIDE CERTIFICATION; AND
   12    (C) DUAL PERSONAL CARE AIDE/HHA CERTIFICATION;
   13    (III) SALARY/BENEFIT ENHANCEMENT;
   14    (IV) CAREER LADDER DEVELOPMENT; AND
   15    (V) OTHER INCENTIVES TO PRACTICE IN SHORTAGE AREAS; AND
   16    (C)  HOSPITAL - HOME CARE - PHYSICIAN COLLABORATIVES FOR THE CARE  AND
   17  MANAGEMENT OF SPECIAL NEEDS, HIGH-RISK AND HIGH-COST PATIENTS, INCLUDING
   18  BUT  NOT LIMITED TO BEST PRACTICES, AND TRAINING AND EDUCATION OF DIRECT
   19  CARE PRACTITIONERS AND SERVICE EMPLOYEES.
   20    5. HOSPITALS AND HOME CARE AGENCIES WHICH ARE  PROVIDED  FINANCING  OR
   21  WAIVERS PURSUANT TO THIS SECTION SHALL REPORT TO THE COMMISSIONER ON THE
   22  PATIENT,  SERVICE AND COST EXPERIENCES PURSUANT TO THIS SECTION, INCLUD-
   23  ING THE EXTENT TO WHICH THE PROJECT GOALS ARE ACHIEVED. THE COMMISSIONER
   24  SHALL COMPILE AND  MAKE  SUCH  REPORTS  AVAILABLE  ON  THE  DEPARTMENT'S
   25  WEBSITE.
   26    S  56-a.  The  public health law is amended by adding two new sections
   27  3614-d and 3614-e to read as follows:
   28    S 3614-D. UNIVERSAL STANDARDS FOR CODING OF PAYMENT OF CLAIMS FOR LONG
   29  TERM CARE.  STANDARDS FOR THE CODES OF CLAIMS OF PAYMENTS  FOR  PERSONAL
   30  CARE, HOME HEALTH CARE SERVICES OR OTHER LONG TERM CARE SERVICES. IN THE
   31  PROCESSING  OF  CODES  OF CLAIMS SUBMITTED UNDER CONTRACTS OR AGREEMENTS
   32  ISSUED OR ENTERED INTO OR BETWEEN CERTIFIED HOME HEALTH  AGENCIES,  LONG
   33  TERM  HOME  HEALTH  CARE PROGRAMS, LICENSED HOME CARE SERVICES PROGRAMS,
   34  INSURERS, MANAGED LONG TERM CARE PLANS, MANAGED CARE PLANS OR  ORGANIZA-
   35  TIONS  LICENSED  OR OPERATED PURSUANT TO THE PROVISIONS OF THIS CHAPTER,
   36  THE SOCIAL SERVICES LAW, OR THE INSURANCE LAW  AND  FOR  ALL  BILLS  FOR
   37  PERSONAL  CARE,  HOME  HEALTH  CARE  SERVICES  OR  OTHER  LONG TERM CARE
   38  SERVICES RENDERED BY LICENSED HOME  CARE  SERVICES  PROGRAMS,  CERTIFIED
   39  HOME  HEALTH AGENCIES OR LONG TERM HOME HEALTH CARE PROGRAMS PURSUANT TO
   40  SUCH CONTRACTS OR AGREEMENTS, ANY CERTIFIED  HOME  HEALTH  CARE  AGENCY,
   41  LONG  TERM  HOME  HEALTH  CARE  PROGRAM, INSURER, MANAGED LONG TERM CARE
   42  PLANS, MANAGED CARE PLAN, OR ORGANIZATIONS LICENSED OR OPERATED PURSUANT
   43  TO THE PROVISIONS OF THIS CHAPTER, THE SOCIAL SERVICES LAW,  THE  EXECU-
   44  TIVE  LAW OR THE INSURANCE LAW SHALL BE BASED ON UNIVERSAL BILLING CODES
   45  APPROVED BY THE DEPARTMENT OR A NATIONALLY  ACCREDITED  ORGANIZATION  AS
   46  APPROVED  BY  THE  DEPARTMENT;  PROVIDED,  HOWEVER, SUCH CODING SHALL BE
   47  CONSISTENT WITH ANY CODES DEVELOPED AS PART OF  THE  UNIFORM  ASSESSMENT
   48  SYSTEM FOR LONG TERM CARE ESTABLISHED BY THE DEPARTMENT.
   49    S  3614-E.  ELECTRONIC  PAYMENT  OF  CLAIMS.  IN THE PAYMENT OF CLAIMS
   50  SUBMITTED UNDER CONTRACTS  OR  AGREEMENTS  ISSUED  OR  ENTERED  INTO  OR
   51  BETWEEN  CERTIFIED  HOME  HEALTH  AGENCIES,  LONG  TERM HOME HEALTH CARE
   52  PROGRAMS, LICENSED HOME CARE SERVICES  PROGRAMS,  FISCAL  INTERMEDIARIES
   53  OPERATING  PURSUANT  TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL
   54  SERVICES LAW, INSURERS, MANAGED LONG TERM CARE PLANS, MANAGED CARE PLANS
   55  OR ORGANIZATIONS LICENSED OR OPERATED PURSUANT TO THE PROVISIONS OF THIS
   56  CHAPTER, THE SOCIAL SERVICES LAW OR THE INSURANCE LAW AND FOR ALL  BILLS
       S. 4207                            31
    1  FOR PERSONAL CARE, HOME HEALTH CARE SERVICES, CONSUMER DIRECTED PERSONAL
    2  ASSISTANCE  SERVICES  OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-
    3  FIVE-F OF THE SOCIAL SERVICES LAW  OR  OTHER  LONG  TERM  CARE  SERVICES
    4  RENDERED  BY LICENSED HOME CARE SERVICES PROGRAMS, CERTIFIED HOME HEALTH
    5  AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS OR A  FISCAL  INTERMEDIARY
    6  OPERATING  PURSUANT  TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL
    7  SERVICES LAW PURSUANT TO SUCH CONTRACTS  OR  AGREEMENTS,  ANY  CERTIFIED
    8  HOME  HEALTH  CARE  AGENCY, LONG TERM HOME HEALTH CARE PROGRAM, INSURER,
    9  MANAGED LONG TERM CARE PLAN, MANAGED CARE PLAN OR ORGANIZATION  LICENSED
   10  OR  OPERATED  PURSUANT  TO  THE  PROVISIONS  OF THIS CHAPTER, THE SOCIAL
   11  SERVICES LAW, THE EXECUTIVE LAW OR THE INSURANCE LAW, SUCH CLAIMS  SHALL
   12  BE PAID VIA ELECTRONIC FUNDS TRANSFER.
   13    S  57.  Subdivision  1  of section 364-j of the social services law is
   14  amended by adding two new paragraphs (w) and (w-1) to read as follows:
   15    (W) "SCHOOL-BASED HEALTH CENTER".  A  CLINIC  LICENSED  UNDER  ARTICLE
   16  TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH  LAW  OR  SPONSORED  BY A FACILITY
   17  LICENSED UNDER THE PUBLIC HEALTH LAW WHICH PROVIDES PRIMARY HEALTH  CARE
   18  SERVICES  INCLUDING  URGENT  CARE,  WELL CHILD CARE, REPRODUCTIVE HEALTH
   19  CARE, DENTAL CARE, BEHAVIORAL HEALTH SERVICES, VISION CARE, AND  MANAGE-
   20  MENT OF CHRONIC DISEASES TO CHILDREN AND ADOLESCENTS WITHIN AN ELEMENTA-
   21  RY, SECONDARY OR PREKINDERGARTEN PUBLIC SCHOOL SETTING.
   22    (W-1)  "SPONSORING  ORGANIZATION".  A  FACILITY LICENSED UNDER ARTICLE
   23  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW WHICH ACTS AS THE  SPONSOR  FOR  A
   24  SCHOOL-BASED HEALTH CENTER.
   25    S  58.  Subdivision  2  of section 364-j of the social services law is
   26  amended by adding a new paragraph (d) to read as follows:
   27    (D) THE COMMISSIONER OF HEALTH SHALL  BE  AUTHORIZED  TO  INCLUDE  THE
   28  SERVICES  OF  A  SCHOOL-BASED  HEALTH CENTER IN THE MANAGED CARE PROGRAM
   29  PURSUANT TO THIS SECTION ON AND AFTER JULY FIRST, TWO  THOUSAND  FIFTEEN
   30  COMMENCING  WITH  NO  FEWER  THAN THREE SCHOOL-BASED HEALTH CENTERS THAT
   31  VOLUNTEER TO BE PART OF A PILOT PROJECT FOR A PERIOD OF TWO  YEARS.  THE
   32  COMMISSIONER  OF HEALTH SHALL PROVIDE AN INTERIM REPORT ON THE IMPLEMEN-
   33  TATION OF THE PILOT PROJECT TO THE TEMPORARY PRESIDENT OF THE SENATE AND
   34  THE SPEAKER OF THE ASSEMBLY  ON  OR  BEFORE  JULY  FIRST,  TWO  THOUSAND
   35  SIXTEEN.  THE COMMISSIONER OF HEALTH SHALL PROVIDE A FINAL REPORT ON THE
   36  IMPLEMENTATION OF THE PILOT PROJECT TO THE TEMPORARY  PRESIDENT  OF  THE
   37  SENATE  AND  THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JANUARY FIRST, TWO
   38  THOUSAND SEVENTEEN. SUCH INTERIM AND FINAL REPORTS SHALL INCLUDE BUT NOT
   39  BE LIMITED TO INFORMATION CONCERNING ACCESS BY CHILDREN AND  ADOLESCENTS
   40  TO  PRIMARY HEALTH CARE SERVICES, URGENT CARE SERVICES, SERVICES FOR THE
   41  MANAGEMENT OF CHRONIC DISEASE, WELL CHILD CARE, AND DENTAL CARE, AND THE
   42  TIMELINESS AND ADEQUACY OF PAYMENT TO  SCHOOL-BASED  HEALTH  CENTERS  BY
   43  MANAGED CARE PROVIDERS.
   44    ON  AND  AFTER JULY FIRST, TWO THOUSAND SEVENTEEN, THE COMMISSIONER OF
   45  HEALTH IS AUTHORIZED TO INCLUDE THE SERVICES OF  A  SCHOOL-BASED  HEALTH
   46  CENTER IN THE MANAGED CARE PROGRAM SUBJECT TO A PHASED-IN SCHEDULE BASED
   47  ON  GEOGRAPHY  AND  THE CAPABILITY OF THE SCHOOL-BASED HEALTH CENTER AND
   48  THE MANAGED CARE PROVIDER TO PARTICIPATE IN THE PROGRAM. SUCH ASSESSMENT
   49  OF CAPABILITY TO PARTICIPATE IN THE PROGRAM SHALL BE MADE BY THE COMMIS-
   50  SIONER OF HEALTH  AFTER  CONSULTATION  WITH  THE  INVOLVED  SCHOOL-BASED
   51  HEALTH  CENTER,  SPONSORING  ORGANIZATION AND THE MANAGED CARE PROVIDER.
   52  THE COMMISSIONER OF HEALTH SHALL TAKE INTO CONSIDERATION,  ANY  RELEVANT
   53  FINDINGS OF THE FINAL AND INTERIM REPORTS.
   54    S  59.  Subdivision  3  of section 364-j of the social services law is
   55  amended by adding a new paragraph (d-2) to read as follows:
       S. 4207                            32
    1    (D-2) BEHAVIORAL HEALTH AND REPRODUCTIVE HEALTH CARE SERVICES PROVIDED
    2  BY SCHOOL-BASED HEALTH CENTERS SHALL NOT BE PROVIDED TO MEDICAL  ASSIST-
    3  ANCE  RECIPIENTS  THROUGH  MANAGED CARE PROGRAMS ESTABLISHED PURSUANT TO
    4  THIS SECTION, AND SHALL CONTINUE TO BE PROVIDED OUTSIDE OF MANAGED  CARE
    5  PROGRAMS  IN  ACCORDANCE  WITH  APPLICABLE  REIMBURSEMENT METHODOLOGIES.
    6  "APPLICABLE REIMBURSEMENT METHODOLOGIES" SHALL MEAN:
    7    (I) FOR SCHOOL-BASED HEALTH CENTERS SPONSORED BY A FEDERALLY QUALIFIED
    8  HEALTH CENTER, RATES OF REIMBURSEMENT  AND  REQUIREMENTS  IN  ACCORDANCE
    9  WITH THOSE MANDATED BY 42 U.S.C. SECS.  1396A(BB), 1396(M)(2)(A)(IX) AND
   10  1936(A)(13)(C); AND
   11    (II)  FOR  SCHOOL-BASED HEALTH CENTERS SPONSORED BY AN ENTITY LICENSED
   12  PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW THAT IS NOT  A
   13  FEDERALLY QUALIFIED HEALTH CENTER, RATES OF REIMBURSEMENT AT THE FEE FOR
   14  SERVICE  RATE FOR SUCH SERVICES IN EFFECT PRIOR TO THE ENACTMENT OF THIS
   15  CHAPTER FOR  THE  AMBULATORY  PATIENT  GROUP  RATE  FOR  THE  APPLICABLE
   16  SERVICE.
   17    (III)  FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "BEHAVIORAL HEALTH
   18  SERVICES"  SHALL  MEAN  PRIMARY  PREVENTION,  INDIVIDUAL  MENTAL  HEALTH
   19  ASSESSMENT,  TREATMENT  AND  FOLLOW-UP,  CRISIS  INTERVENTION, GROUP AND
   20  FAMILY COUNSELING, AND SHORT AND LONG-TERM COUNSELING.
   21    S 60. 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 61. Subdivision 18-a of section 206 of the  public  health  law,  as
   33  amended by section 11 of part A of chapter 58 of the laws of 2010, para-
   34  graphs  (b)  and (d) as amended by section 16 of part A of chapter 60 of
   35  the laws of 2014, paragraph (c) as amended by chapter 132 of the laws of
   36  2014, is amended to read as follows:
   37    18-a. [(a)] Health information technology demonstration  program.  (A)
   38  (i) The commissioner is authorized to issue grant funding to one or more
   39  organizations  broadly  representative  of  physicians  licensed in this
   40  state, from funds made available for the purpose of funding research and
   41  demonstration  projects  under  subparagraph  (ii)  of  this   paragraph
   42  designed  to  promote  the  development of electronic health information
   43  exchange technologies in order to facilitate the adoption of interopera-
   44  ble health records.
   45    (ii) Project funding shall be disbursed  to  projects  pursuant  to  a
   46  request  for proposals based on criteria relating to promoting the effi-
   47  cient and effective delivery of  quality  physician  services.    Demon-
   48  stration  projects  eligible  for  funding  under  this  paragraph shall
   49  include, but not be limited to:
   50    (A) efforts to incentivize electronic health record adoption;
   51    (B) interconnection of physicians through regional collaborations;
   52    (C) efforts to promote personalized health care and consumer choice;
   53    (D) efforts to enhance health care outcomes and health status general-
   54  ly through interoperable public health surveillance systems and  stream-
   55  lined quality monitoring.
       S. 4207                            33
    1    (iii)  The department shall issue a report to the governor, the tempo-
    2  rary president of the senate and the speaker of the assembly within  one
    3  year following the issuance of the grants. Such report shall contain, at
    4  a  minimum, the following information: the demonstration projects imple-
    5  mented  pursuant  to this paragraph, their date of implementation, their
    6  costs and the appropriateness of a broader  application  of  the  health
    7  information technology program to increase the quality and efficiency of
    8  health care across the state.
    9    (b) The commissioner shall:
   10    (i) convene a workgroup to:
   11    (A)  evaluate the state's health information technology infrastructure
   12  and systems, as well as other related plans  and  projects  designed  to
   13  make  improvements  or  modifications to such infrastructure and systems
   14  including, but not limited to, the all payor database (APD),  the  state
   15  planning  and  research  cooperative  system  (SPARCS),  regional health
   16  information organizations  (RHIOs),  the  statewide  health  information
   17  network  of  New  York  (SHIN-NY)  and  medical  assistance  eligibility
   18  systems; and
   19    (B) develop recommendations for the state to move toward a  comprehen-
   20  sive  health  claims and clinical database aimed at improving quality of
   21  care, efficiency, cost of care and patient satisfaction available  in  a
   22  self-sustainable,  non-duplicative, interactive and interoperable manner
   23  that ensures safeguards for privacy, confidentiality and security;
   24    (ii) submit [a] AN INTERIM report to the governor [and], the temporary
   25  president of the senate and the speaker of  the  assembly,  which  shall
   26  [fully  consider  the  evaluation  and recommendations of the workgroup]
   27  DETAIL THE CONCERNS AND ISSUES ASSOCIATED WITH ESTABLISHING THE  STATE'S
   28  HEALTH   INFORMATION   TECHNOLOGY   INFRASTRUCTURE   CONSIDERED  BY  THE
   29  WORKGROUP, on or before December first, two thousand fourteen[.]; AND
   30    (III) SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE
   31  SENATE  AND  THE SPEAKER OF THE ASSEMBLY, WHICH SHALL FULLY CONSIDER THE
   32  EVALUATION AND RECOMMENDATIONS OF THE WORKGROUP, ON OR  BEFORE  DECEMBER
   33  FIRST, TWO THOUSAND FIFTEEN.
   34    (c)  The  members  of the workgroup shall include, at a minimum, three
   35  members who represent RHIOs, two members employed by the department  who
   36  are  involved in the development of the SHIN-NY and the APD, two members
   37  who represent physicians,  two  members  who  represent  hospitals,  two
   38  members  who  represent  home  care  agencies, one member who represents
   39  federally qualified health centers, ONE  MEMBER  WHO  REPRESENTS  COUNTY
   40  HEALTH COMMISSIONERS, the chair of the senate health committee or his or
   41  her  designee,  the chair of the assembly health committee or his or her
   42  designee, and other individuals with expertise in  matters  relevant  to
   43  the charge of the workgroup.
   44    (d)  The  commissioner  may  make such rules and regulations as may be
   45  necessary to implement federal policies and disburse funds  as  required
   46  by the American Recovery and Reinvestment Act of 2009 and to promote the
   47  development  of  a self-sufficient SHIN-NY to enable widespread, non-du-
   48  plicative interoperability among disparate health  information  systems,
   49  including  electronic  health  records,  personal health records, health
   50  care claims, payment and other administrative data,  and  public  health
   51  information  systems,  while protecting privacy and security. Such rules
   52  and regulations shall include, but not be limited to,  requirements  for
   53  organizations covered by 42 U.S.C. 17938 or any other organizations that
   54  exchange  health  information through the SHIN-NY or any other statewide
   55  health information system recommended by the workgroup. The commissioner
   56  shall consider the FINAL REPORT AND recommendations of the workgroup. If
       S. 4207                            34
    1  the commissioner acts in a manner inconsistent with the  recommendations
    2  of the workgroup, he or she shall provide the reasons therefor.
    3    S  62.  Subdivision  4 of section 365-h of the social services law, as
    4  amended by section 20 of part B of chapter 109 of the laws of  2010,  is
    5  amended to read as follows:
    6    4.  The  commissioner of health is authorized to assume responsibility
    7  from a local social services official for the provision  and  reimburse-
    8  ment  of  transportation  costs  under this section. If the commissioner
    9  elects to assume such responsibility, the commissioner shall notify  the
   10  local  social  services official in writing as to the election, the date
   11  upon which the election shall be effective and such  information  as  to
   12  transition  of  responsibilities  as the commissioner deems prudent. The
   13  commissioner is authorized to contract with a transportation manager  or
   14  managers  to manage transportation services in any local social services
   15  district, OTHER THAN TRANSPORTATION SERVICES PROVIDED  OR  ARRANGED  FOR
   16  ENROLLEES OF MANAGED LONG TERM CARE PLANS ISSUED CERTIFICATES OF AUTHOR-
   17  ITY  UNDER  SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW.
   18  Any transportation manager or managers selected by the  commissioner  to
   19  manage  transportation  services shall have proven experience in coordi-
   20  nating transportation services in  a  geographic  and  demographic  area
   21  similar  to the area in New York state within which the contractor would
   22  manage the provision of services under this section. Such a contract  or
   23  contracts  may include responsibility for: review, approval and process-
   24  ing of transportation orders; management of  the  appropriate  level  of
   25  transportation based on documented patient medical need; and development
   26  of new technologies leading to efficient transportation services. If the
   27  commissioner  elects  to  assume such responsibility from a local social
   28  services district, the commissioner shall examine and,  if  appropriate,
   29  adopt  quality  assurance measures that may include, but are not limited
   30  to,  global  positioning  tracking  system  reporting  requirements  and
   31  service  verification mechanisms. Any and all reimbursement rates devel-
   32  oped by transportation managers under this subdivision shall be  subject
   33  to  the  review  and  approval  of the commissioner. Notwithstanding any
   34  inconsistent provision of sections one hundred twelve  and  one  hundred
   35  sixty-three  of  the state finance law, or section one hundred forty-two
   36  of the economic development law, or any other law, the  commissioner  is
   37  authorized  to enter into a contract or contracts under this subdivision
   38  without a competitive bid or request  for  proposal  process,  provided,
   39  however, that:
   40    (a)  the department shall post on its website, for a period of no less
   41  than thirty days:
   42    (i) a description of the proposed services to be provided pursuant  to
   43  the contract or contracts;
   44    (ii) the criteria for selection of a contractor or contractors;
   45    (iii)  the  period  of  time during which a prospective contractor may
   46  seek selection, which shall be no  less  than  thirty  days  after  such
   47  information is first posted on the website; and
   48    (iv)  the  manner  by  which  a  prospective  contractor may seek such
   49  selection, which may include submission by electronic means;
   50    (b) all reasonable and responsive submissions that are  received  from
   51  prospective  contractors  in  timely  fashion  shall  be reviewed by the
   52  commissioner; and
   53    (c) the commissioner shall select such contractor or contractors that,
   54  in his or her discretion, are best suited to serve the purposes of  this
   55  section.
       S. 4207                            35
    1    S 63. Section 2826 of the public health law, as added by section 27 of
    2  part C of chapter 60 of the laws of 2014, is amended to read as follows:
    3    S  2826.  [Temporary]  VITAL  ACCESS PROVIDER; TEMPORARY adjustment to
    4  reimbursement rates. (a) Notwithstanding any provision  of  law  to  the
    5  contrary,  within  funds appropriated and subject to the availability of
    6  federal financial participation, the commissioner may grant approval  of
    7  a  temporary  adjustment to the non-capital components of rates, or make
    8  temporary lump-sum Medicaid payments,  to  eligible  general  hospitals,
    9  skilled  nursing  facilities,  clinics and home care providers, provided
   10  however, that should federal financial participation  not  be  available
   11  for  any  eligible  provider, then payments pursuant to this subdivision
   12  may be made as grants and shall not be deemed to be  medical  assistance
   13  payments.
   14    (b) Eligible providers shall include:
   15    (i) providers undergoing closure;
   16    (ii) providers impacted by the closure of other health care providers;
   17    (iii)  providers  subject  to mergers, acquisitions, consolidations or
   18  restructuring; or
   19    (iv) providers impacted by the merger, acquisition,  consolidation  or
   20  restructuring of other health care providers.
   21    (c)  Providers  seeking  temporary rate adjustments under this section
   22  shall demonstrate through  submission  of  a  written  proposal  to  the
   23  commissioner  that the additional resources provided by a temporary rate
   24  adjustment will achieve one or more of the following:
   25    (i) protect or enhance access to care;
   26    (ii) protect or enhance quality of care;
   27    (iii) improve the cost effectiveness of the delivery  of  health  care
   28  services; or
   29    (iv) otherwise protect or enhance the health care delivery system[, as
   30  determined by the commissioner].
   31    (d) (i) Such  written  proposal shall be submitted to the commissioner
   32  at least sixty days prior to the requested effective date of the  tempo-
   33  rary rate adjustment, and shall include a proposed budget to achieve the
   34  goals  of  the  proposal.  Any  Medicaid payment issued pursuant to this
   35  section shall be in effect for a specified period of time as  determined
   36  by  the  commissioner, of up to three years. At the end of the specified
   37  timeframe such payments or adjustments to the non-capital  component  of
   38  rates  shall  cease,  and the provider shall be reimbursed in accordance
   39  with the otherwise applicable rate-setting methodology as set  forth  in
   40  applicable  statutes and regulations. The commissioner may establish, as
   41  a condition of receiving such  temporary  rate  adjustments  or  grants,
   42  benchmarks  and  goals  to be achieved in conformity with the provider's
   43  written proposal as approved by the commissioner and  may  also  require
   44  that  the  facility submit such periodic reports concerning the achieve-
   45  ment of such benchmarks and goals as the commissioner  deems  necessary.
   46  Failure  to  achieve satisfactory progress, as determined by the commis-
   47  sioner, in accomplishing such benchmarks and goals shall be a basis  for
   48  ending  the  facility's  temporary rate adjustment or grant prior to the
   49  end of the  specified  timeframe.  (ii)  The  commissioner  [may]  SHALL
   50  require  that applications submitted pursuant to this section be submit-
   51  ted in response to and in accordance with a Request For Applications  or
   52  a Request For Proposals issued by the commissioner.
   53    (e) FOR THE PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, TO
   54  THE  EXTENT  PRACTICABLE BASED ON SUBMITTED RESPONSES TO THE COMMISSION-
   55  ER'S REQUEST FOR APPLICATIONS OR REQUEST FOR PROPOSALS, THE COMMISSIONER
   56  SHALL MAKE TEMPORARY ADJUSTMENTS TO RATES OF ELIGIBLE  PROVIDERS  WITHIN
       S. 4207                            36
    1  AMOUNTS  MADE  AVAILABLE  EQUITABLY ACROSS THE STATE; PROVIDED, HOWEVER,
    2  THAT AT LEAST FORTY PERCENT OF FUNDS MADE AVAILABLE  ANNUALLY  SHALL  BE
    3  AWARDED  TO  ELIGIBLE  PROVIDERS WHO ARE LOCATED IN COUNTIES WHOSE POPU-
    4  LATION   AT  THE  MOST  RECENT  CENSUS  DOES  NOT  EXCEED  NINE  HUNDRED
    5  TWENTY-FIVE THOUSAND AND WHOSE  POPULATION  PER  SQUARE  MILE  DOES  NOT
    6  EXCEED ONE THOUSAND TWO HUNDRED.
    7    (F) Notwithstanding any law to the contrary, general hospitals defined
    8  as  critical  access  hospitals  pursuant  to title XVIII of the federal
    9  social security act shall be allocated no less than five million dollars
   10  annually pursuant to this section.  The  department  [of  health]  shall
   11  provide  a report to the governor and legislature no later than December
   12  first, two thousand fourteen providing recommendations on how to  ensure
   13  the  financial  stability  of,  and preserve patient access to, critical
   14  access hospitals.
   15    (G) FOR PERIODS ON AND AFTER APRIL FIRST, TWO  THOUSAND  FIFTEEN,  THE
   16  COMMISSIONER  SHALL  PROVIDE A REPORT ON A QUARTERLY BASIS TO THE CHAIRS
   17  OF THE SENATE FINANCE, ASSEMBLY WAYS AND MEANS, SENATE HEALTH AND ASSEM-
   18  BLY HEALTH COMMITTEES WITH REGARD TO THE  STATUS  OF  THE  VITAL  ACCESS
   19  PROVIDER  (VAP) TEMPORARY RATE ADJUSTMENT PROGRAM. SUCH REPORTS SHALL BE
   20  SUBMITTED NO LATER THAN SIXTY DAYS AFTER THE CLOSE OF THE  QUARTER,  AND
   21  SHALL  INCLUDE  THE  MOST  CURRENT  INFORMATION ON VITAL ACCESS PROVIDER
   22  TEMPORARY RATE ADJUSTMENTS OR GRANTS. THE REPORTS SHALL INCLUDE FOR  ANY
   23  VAP TEMPORARY RATE ADJUSTMENT OR GRANT MADE:
   24    (I)  THE  AMOUNT  OF ANY RATE ADJUSTMENT OR GRANT FOR ALL YEARS OF THE
   25  AWARD;
   26    (II) A DESCRIPTION OF HOW  THE  TEMPORARY  RATE  ADJUSTMENT  OR  GRANT
   27  RECIPIENT  WILL  ACHIEVE  ANY  OF THE GOALS OF THE VITAL ACCESS PROVIDER
   28  TEMPORARY RATE ADJUSTMENT PROGRAM PURSUANT TO SUBDIVISION  (C)  OF  THIS
   29  SECTION  AND  ANY ADDITIONAL INFORMATION OR FACTORS TAKEN INTO CONSIDER-
   30  ATION BY THE COMMISSIONER IN APPROVING A TEMPORARY  RATE  ADJUSTMENT  OR
   31  GRANT PURSUANT TO THIS SECTION;
   32    (III)  THE  STATUS OF THE TEMPORARY RATE ADJUSTMENT OR GRANT RECIPIENT
   33  IN MEETING THE BENCHMARK OR GOALS ESTABLISHED BY THE COMMISSIONER;
   34    (IV) A SUMMARY OF ANY PERIODIC REPORTS REQUIRED BY THE COMMISSIONER AS
   35  A CONDITION OF RECEIVING A TEMPORARY RATE ADJUSTMENT OR GRANT; AND
   36    (V) INFORMATION ON PROJECT SPENDING AND BUDGET.
   37    (H) THE COMMISSIONER SHALL PROVIDE ON AN ANNUAL BASIS TO THE CHAIRS OF
   38  THE SENATE FINANCE, ASSEMBLY WAYS AND MEANS, SENATE HEALTH AND  ASSEMBLY
   39  HEALTH  COMMITTEES A SUMMARY OF THE STATEWIDE GEOGRAPHIC DISTRIBUTION OF
   40  FUNDS.
   41    S 64. The opening paragraph of subdivision 2 of section 363-a  of  the
   42  social  services law is designated paragraph (a) and a new paragraph (b)
   43  is added to read as follows:
   44    (B) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SECTION TWO  HUNDRED
   45  ONE  OF  THE  PUBLIC  HEALTH LAW, THIS SECTION OR ANY OTHER PROVISION OF
   46  LAW, AMENDMENTS PROMULGATED BY THE DEPARTMENT OF HEALTH THAT WOULD ADD A
   47  NEW COVERED BENEFIT OR BENEFITS, OR EXPANSION OF BENEFIT COVERAGE, UNDER
   48  THE STATE'S MEDICAID PROGRAM SHALL REQUIRE LEGISLATIVE APPROVAL PRIOR TO
   49  THE EFFECTIVE DATE OF ANY CHANGE TO THE PLAN.
   50    S 65. Paragraph 2 of subdivision (a) of section 90 of part H of  chap-
   51  ter  59  of  the  laws of 2011, amending the public health law and other
   52  laws, relating to general hospital inpatient  reimbursement  for  annual
   53  rates,  as  amended by section 38 of part C of chapter 60 of the laws of
   54  2014, is amended and two new paragraphs 3 and 4 are  added  to  read  as
   55  follows:
       S. 4207                            37
    1    (2)  [Alternative]  SUBJECT  TO  PARAGRAPH  THREE OF THIS SUBDIVISION,
    2  ALTERNATIVE methods of cost containment as  authorized  and  implemented
    3  pursuant  to  paragraph  one  of  this  subdivision shall continue to be
    4  applied and maintained for periods on and after April 1, 2014, provided,
    5  however,  that  the  commissioner  of  health,  in consultation with the
    6  director of the budget, is  authorized  to  terminate  such  alternative
    7  methods  upon  a  finding  that they are no longer necessary to maintain
    8  essential cost savings; PROVIDED, FURTHER, HOWEVER, THAT  ON  AND  AFTER
    9  APRIL  FIRST,  TWO  THOUSAND  FIFTEEN  THIS PARAGRAPH SHALL NOT APPLY TO
   10  FACILITIES OPERATING PURSUANT TO ARTICLE SIXTEEN OF THE  MENTAL  HYGIENE
   11  LAW.
   12    (3) NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO THE CONTRARY
   13  AND  SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, THE
   14  COMMISSIONER SHALL INCREASE MEDICAID PAYMENTS TO NURSING HOMES AND ADULT
   15  DAY HEALTH CARE PROGRAMS BY ONE PERCENT FOR ALL  PERIODS  ON  AND  AFTER
   16  APRIL  1, 2015 DURING WHICH AN ALTERNATIVE METHOD OF COST CONTAINMENT IS
   17  APPLIED AND MAINTAINED PURSUANT TO PARAGRAPH TWO  OF  THIS  SUBDIVISION.
   18  FOR  THIS PURPOSE, RATES OF PAYMENT TO MEDICAID MANAGED CARE PLANS SHALL
   19  BE INCREASED BY ONE PERCENT FOR SUCH  SERVICES,  AND  SUCH  PLANS  SHALL
   20  REFLECT  SUCH  RATE INCREASES IN THE RATES PAID TO THE PROVIDERS OF SUCH
   21  SERVICES. IF AND UNTIL SUCH TIME AS THE COMMISSIONER OF HEALTH  RECEIVES
   22  FROM  THE  FEDERAL  CENTERS  FOR  MEDICARE  AND  MEDICAID SERVICES FINAL
   23  APPROVAL OF THE REVISION IN RATES OF PAYMENT AUTHORIZED  BY  THIS  PARA-
   24  GRAPH  AND  FINAL  APPROVAL  OF THE UNIVERSAL SETTLEMENT OF NURSING HOME
   25  RATE APPEALS AND LAWSUITS, THE ALTERNATIVE METHOD  OF  COST  CONTAINMENT
   26  APPLIED  AND  MAINTAINED  TO  NURSING  HOMES  AND  ADULT  DAY HEALTH ARE
   27  PROGRAMS  PURSUANT  TO  PARAGRAPH  TWO  OF  THIS  SUBDIVISION  SHALL  BE
   28  SUSPENDED  AND BE OF NO FORCE OR EFFECT UNTIL THE EFFECTIVE DATE OF SUCH
   29  APPROVALS.
   30    (4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
   31  0.8  PERCENT  NON-REIMBURSABLE  ASSESSMENT  ALTERNATIVE  METHOD  OF COST
   32  CONTAINMENT IMPOSED UPON SKILLED  NURSING  FACILITIES  PURSUANT  TO  THE
   33  PROVISIONS  OF PARAGRAPH ONE OF THIS SUBDIVISION BEGINNING FOR THE STATE
   34  FISCAL YEAR APRIL 1, 2011  SHALL  END  ON  MARCH  31,  2014.  ASSESSMENT
   35  PAYMENTS  MADE  BY SKILLED NURSING PROVIDERS FOR THE PERIOD ON AND AFTER
   36  APRIL 1, 2014 THROUGH MARCH 31, 2015 SHALL BE REFUNDED TO  SUCH  PROVID-
   37  ERS.  THIS ASSESSMENT MAY BE REINSTITUTED PROSPECTIVELY IN FUTURE FISCAL
   38  YEARS UPON THE RATIFICATION OF A LEGALLY  BINDING  UNIVERSAL  SETTLEMENT
   39  BETWEEN THE STATE AND ALL AFFECTED SKILLED NURSING PROVIDERS FOR CERTAIN
   40  RATE APPEALS AND LITIGATION BROUGHT BY CURRENT OR FORMER OWNERS RELATING
   41  TO THE STATE'S PRE-PRICING RATE METHODOLOGY.
   42    S  66.  Paragraph (d) of subdivision 2-a of section 2808 of the public
   43  health law, as added by chapter 483 of the laws of 1978, is  amended  to
   44  read as follows:
   45    (d)  For  facilities  granted operating certificates on or after March
   46  tenth, nineteen hundred seventy-five, recognition of real property costs
   47  in such regulations shall be based upon historical costs to the owner of
   48  the facility, provided that payment for real property costs shall not be
   49  in excess of the actual debt service, including principal and  interest,
   50  and  payment  with respect to owner's equity, AND FURTHER PROVIDED THAT,
   51  EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN, THE COMMISSIONER MAY MODIFY
   52  SUCH PAYMENTS FOR REAL PROPERTY COSTS FOR  PURPOSES  OF  EFFECTUATING  A
   53  SHARED  SAVINGS  PROGRAM,  WHEREBY  FACILITIES  SHARE A MINIMUM OF FIFTY
   54  PERCENT OF SAVINGS, FOR FACILITIES THAT ELECT TO REFINANCE  THEIR  MORT-
   55  GAGE  LOANS.  For  purposes of this subdivision, owner's equity shall be
   56  calculated without regard to  any  surplus  created  by  revaluation  of
       S. 4207                            38
    1  assets  and  shall  not  include amounts resulting from mortgage amorti-
    2  zation where the payment therefor has been  provided  by  real  property
    3  cost reimbursement.
    4    S 67. Subdivision 1 of section 206 of the public health law is amended
    5  by adding a new paragraph (v) to read as follows:
    6    (V)  ESTABLISH AN OFFICE OF ACCOUNTABILITY WITHIN THE DEPARTMENT.  THE
    7  OFFICE OF ACCOUNTABILITY SHALL BE RESPONSIBLE  FOR  ENSURING  ALL  WORK-
    8  GROUPS  REQUIRED  UNDER THIS CHAPTER ARE TIMELY CONVENED AND ALL REPORTS
    9  REQUIRED UNDER THIS CHAPTER ARE TIMELY  DISTRIBUTED.  THE  OFFICE  SHALL
   10  REVIEW  AND  REPORT  TO  THE  LEGISLATURE BY JANUARY FIRST, TWO THOUSAND
   11  SIXTEEN, AND ANNUALLY THEREAFTER, ON THE FOLLOWING:
   12    (1) THE DATE EACH STATUTORILY REQUIRED REPORT WAS DISTRIBUTED, AND  TO
   13  WHOM IT WAS DISTRIBUTED;
   14    (2)  ANY  REPORTS  THAT WERE REQUIRED BY LAW AND NOT PROVIDED, WITH AN
   15  EXPLANATION OF WHY SUCH REPORT WAS NOT PROVIDED;
   16    (3) RECOMMENDATIONS FOR STREAMLINING REPORTING REQUIREMENTS WHICH  MAY
   17  INCLUDE  RECOMMENDED  STATUTORY  AMENDMENTS TO MAKE REPORT DEADLINES AND
   18  RECIPIENTS MORE CONSISTENT, TO PROVIDE THE REPORTS IN ELECTRONIC FORMAT,
   19  TO CONSOLIDATE ANY RELATED REPORTING REQUIREMENTS, OR TO REPEAL  REPORT-
   20  ING REQUIREMENTS NO LONGER DEEMED NECESSARY;
   21    (4)  ALL  CURRENTLY  ACTIVE  WORKGROUPS,  AD  HOC WORKGROUPS, ADVISORY
   22  COMMITTEES OR TASKFORCES THE DEPARTMENT IS RUNNING OR ENGAGED IN  EITHER
   23  DIRECTLY  OR  IN  COMBINATION WITH OTHER AGENCIES OR DEPARTMENTS AND THE
   24  STATUS OF EACH SUCH GROUP; AND
   25    (5) ANY STATUTORILY REQUIRED WORKGROUP THAT HAS  NOT  MET  WITHIN  THE
   26  LAST  YEAR, WITH AN EXPLANATION OF WHY THIS GROUP IS INACTIVE, WHICH MAY
   27  INCLUDE A RECOMMENDATION TO REPEAL THE WORKGROUP IF THE PURPOSE  OF  THE
   28  GROUP HAVE BEEN FULFILLED.
   29  THIS  REPORT MAY BE PROVIDED ELECTRONICALLY AND SHALL BE PROVIDED TO THE
   30  TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
   31  SENATE STANDING COMMITTEE ON HEALTH,  AND  THE  CHAIR  OF  THE  ASSEMBLY
   32  HEALTH COMMITTEE.
   33    S  68.  Paragraph  (t)  of  subdivision 1 of section 206 of the public
   34  health law, as added by section 112 of part E of chapter 56 of the  laws
   35  of 2013, is amended to read as follows:
   36    (t) [The department shall submit as part of its annual report prepared
   37  pursuant to] SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE ON OR BEFORE THE
   38  FIFTEENTH  DAY  OF  MAY, FOR THE PRECEDING CALENDAR YEAR, AS REQUIRED BY
   39  section one hundred sixty-four of  the  executive  law[,  which  may  be
   40  submitted  in  electronic format,]. THE ANNUAL REPORT SHALL BE A compre-
   41  hensive  [information  including,  but  not  limited  to,   a   detailed
   42  description]  REPORT  of  the department's mission, priorities and goals
   43  for the upcoming year, achievements of the  past  year,  ONGOING  INITI-
   44  ATIVES  and  any  relevant data and statistics.  THE ANNUAL REPORT SHALL
   45  PROVIDE A LIST OF ALL OTHER REPORTS ISSUED BY THE DEPARTMENT WITHIN  THE
   46  PRECEDING  YEAR,  AND  INFORMATION  ON HOW SUCH REPORTS CAN BE OBTAINED.
   47  THIS REPORT MAY BE PROVIDED ELECTRONICALLY AND SHALL BE PROVIDED TO  THE
   48  TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
   49  SENATE  STANDING  COMMITTEE  ON  HEALTH,  AND  THE CHAIR OF THE ASSEMBLY
   50  HEALTH COMMITTEE.
   51    S 69. The opening paragraph of subdivision  1  and  subdivision  3  of
   52  section  367-s  of  the  social services law, as amended by section 8 of
   53  part C of chapter 60 of the  laws  of  2014,  are  amended  to  read  as
   54  follows:
   55    Notwithstanding  any  provision of law to the contrary, a supplemental
   56  medical assistance payment shall be made on an annual basis to providers
       S. 4207                            39
    1  of emergency medical transportation services in an aggregate amount  not
    2  to exceed four million dollars for two thousand six, six million dollars
    3  for  two  thousand  seven,  six  million dollars for two thousand eight,
    4  [and]  six  million dollars for the period May first, two thousand four-
    5  teen through March thirty-first, two thousand fifteen, AND  SIX  MILLION
    6  DOLLARS  ANNUALLY  BEGINNING  WITH  THE PERIOD APRIL FIRST, TWO THOUSAND
    7  FIFTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN pursuant to the
    8  following methodology:
    9    3. If all necessary approvals under federal law and regulation are not
   10  obtained to receive federal  financial  participation  in  the  payments
   11  authorized by this section, payments under this section shall be made in
   12  an  aggregate  amount not to exceed two million dollars for two thousand
   13  six, three million dollars for two thousand seven, three million dollars
   14  for two thousand eight [and], three million dollars for the  period  May
   15  first,  two  thousand  fourteen through March thirty-first, two thousand
   16  fifteen, AND THREE MILLION DOLLARS ANNUALLY BEGINNING  WITH  THE  PERIOD
   17  APRIL  FIRST, TWO THOUSAND FIFTEEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
   18  SAND SIXTEEN. In such case, the multiplier set forth in paragraph (b) of
   19  subdivision one of this section  shall  be  deemed  to  be  two  million
   20  dollars or three million dollars as applicable to the annual period.
   21    S  70.  Paragraph  (e)  of subdivision 8 of section 2511 of the public
   22  health law is REPEALED.
   23    S 71. Subparagraph (v) of paragraph (b) of subdivision 35  of  section
   24  2807-c of the public health law, as amended by section 67-a of part C of
   25  chapter 60 of the laws of 2014, is amended to read as follows:
   26    (v)  such  regulations  shall  incorporate  quality  related measures,
   27  including, but not limited  to,  potentially  preventable  re-admissions
   28  (PPRs) and provide for rate adjustments or payment disallowances related
   29  to  PPRs  and  other  potentially preventable negative outcomes (PPNOs),
   30  which shall be calculated in accordance with methodologies as determined
   31  by the commissioner, provided, however, that such methodologies shall be
   32  based on a comparison of the actual and risk adjusted expected number of
   33  PPRs and other PPNOs in a given hospital and with benchmarks established
   34  by the commissioner and provided further that such rate  adjustments  or
   35  payment disallowances shall result in an aggregate reduction in Medicaid
   36  payments of no less than thirty-five million dollars for the period July
   37  first,  two thousand ten through March thirty-first, two thousand eleven
   38  and no less than fifty-one million dollars for annual periods  beginning
   39  April  first,  two thousand eleven through March thirty-first, two thou-
   40  sand [fifteen] SIXTEEN, provided further that such aggregate  reductions
   41  shall  be offset by Medicaid payment reductions occurring as a result of
   42  decreased PPRs during the period July first, two  thousand  ten  through
   43  March  thirty-first, two thousand eleven and the period April first, two
   44  thousand eleven  through  March  thirty-first,  two  thousand  [fifteen]
   45  SIXTEEN  and  as  a  result  of  decreased PPNOs during the period April
   46  first, two thousand eleven  through  March  thirty-first,  two  thousand
   47  [fifteen]  SIXTEEN; and provided further that for the period July first,
   48  two thousand ten through  March  thirty-first,  two  thousand  [fifteen]
   49  SIXTEEN,  such rate adjustments or payment disallowances shall not apply
   50  to behavioral health PPRs; or to readmissions that  occur  on  or  after
   51  fifteen  days  following  an  initial  admission.  By no later than July
   52  first, two thousand eleven the commissioner shall enter  into  consulta-
   53  tions with representatives of the health care facilities subject to this
   54  section  regarding potential prospective revisions to applicable method-
   55  ologies and benchmarks set forth in regulations issued pursuant to  this
   56  subparagraph;
       S. 4207                            40
    1    S  72.  Subdivision  18 of section 364-j of the social services law is
    2  amended by adding two new paragraphs (c) and (d) to read as follows:
    3    (C)  THE  DEPARTMENT  OF  HEALTH SHALL REQUIRE THE INDEPENDENT ACTUARY
    4  SELECTED PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVISION  TO  PROVIDE  A
    5  COMPLETE ACTUARIAL MEMORANDUM, ALONG WITH ALL ACTUARIAL ASSUMPTIONS MADE
    6  AND  ALL OTHER DATA, MATERIALS AND METHODOLOGIES USED IN THE DEVELOPMENT
    7  OF RATES, TO MANAGED CARE PROVIDERS THIRTY DAYS PRIOR TO  SUBMISSION  OF
    8  SUCH  RATES  TO  THE  CENTERS  OF  MEDICARE  AND  MEDICAID  SERVICES FOR
    9  APPROVAL. MANAGED CARE PROVIDERS MAY REQUEST ADDITIONAL  REVIEW  OF  THE
   10  ACTUARIAL SOUNDNESS OF THE RATE SETTING PROCESS AND/OR METHODOLOGY.
   11    (D)  THE  DEPARTMENT OF HEALTH SHALL ANNUALLY PROVIDE TO THE TEMPORARY
   12  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THE ANNUAL MEDI-
   13  CAID MANAGED CARE OPERATING REPORTS SUBMITTED  TO  THE  DEPARTMENT  FROM
   14  MANAGED  CARE  PLANS  THAT  CONTRACT  WITH  THE STATE TO MANAGE SERVICES
   15  PROVIDED UNDER THE MEDICAID PROGRAM.
   16    S 73. Notwithstanding any inconsistent provision of law, rule or regu-
   17  lation to the contrary, for purposes of implementing the  provisions  of
   18  the  public health law and the social services law, references to titles
   19  XIX and XXI of the federal social security act in the public health  law
   20  and  the social services law shall be deemed to include and also to mean
   21  any successor titles thereto under the federal social security act.
   22    S 74. Notwithstanding any inconsistent provision of law, rule or regu-
   23  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   24  the public health law, section 18 of chapter 2 of the laws of 1988,  and
   25  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
   26  or certification of rates of payment, are hereby suspended  and  without
   27  force or effect for purposes of implementing the provisions of this act.
   28    S  75. Severability clause. If any clause, sentence, paragraph, subdi-
   29  vision, section or part of this act shall be adjudged by  any  court  of
   30  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   31  impair or invalidate the remainder thereof, but shall be confined in its
   32  operation to the clause, sentence, paragraph,  subdivision,  section  or
   33  part thereof directly involved in the controversy in which such judgment
   34  shall  have been rendered. It is hereby declared to be the intent of the
   35  legislature that this act would have been enacted even if  such  invalid
   36  provisions had not been included herein.
   37    S  76.  This  act shall take effect immediately and shall be deemed to
   38  have been in full force and effect on and after April 1,  2015,  section
   39  eight of this act shall expire and be deemed repealed March 31, 2016:
   40    1. section thirteen of this act shall take effect June 1, 2015;
   41    2.  any  rules or regulations necessary to implement the provisions of
   42  this act may be promulgated and any procedures, forms,  or  instructions
   43  necessary  for such implementation may be adopted and issued on or after
   44  the date this act shall have become a law;
   45    3. this act shall not be construed to alter, change, affect, impair or
   46  defeat any rights, obligations, duties or interests accrued, incurred or
   47  conferred prior to the effective date of this act;
   48    4. the commissioner of health  and  the  superintendent  of  financial
   49  services  and any appropriate council may take steps necessary to imple-
   50  ment this act prior to its effective date;
   51    5. notwithstanding any inconsistent provision of the state administra-
   52  tive procedure act or any other provision of law,  rule  or  regulation,
   53  the  commissioner of health and the superintendent of financial services
   54  and any appropriate council is authorized to adopt or amend  or  promul-
   55  gate  on  an  emergency  basis  any regulation he or she or such council
       S. 4207                            41
    1  determines necessary to implement any  provision  of  this  act  on  its
    2  effective date;
    3    6.  the  provisions of this act shall become effective notwithstanding
    4  the failure of the commissioner  of  health  or  the  superintendent  of
    5  financial  services or any council to adopt or amend or promulgate regu-
    6  lations implementing this act;
    7    7. sections fifty-three and fifty-four of this act shall  take  effect
    8  on  the  sixtieth  day  after  it shall have become a law; provided that
    9  effective immediately, the commissioner of health may  make  regulations
   10  and  take  other  actions  necessary  to implement such sections on such
   11  effective date; provided further that the amendments to section 364-j of
   12  the social services law made by section fifty-three of  this  act  shall
   13  not affect the repeal of such section and shall be deemed repealed ther-
   14  ewith;
   15    7-a.  section  fifty-six-a  of  this  act shall apply to any coding of
   16  payment of claims for long term care on or after January 1, 2016;
   17    8. sections fifty-seven, fifty-eight and fifty-nine of this act  shall
   18  take  effect  June  30,  2015; provided, further, that the amendments to
   19  section 364-j of the social services law made by  sections  fifty-seven,
   20  fifty-eight  and  fifty-nine  of this act shall not affect the repeal of
   21  such section as provided in section 11 of chapter 710  of  the  laws  of
   22  1988, as amended, and shall be deemed repealed therewith;
   23    9.  the  amendments  to  paragraphs (b) and (d) of subdivision 18-a of
   24  section 206 of the public health law, made by section sixty-one of  this
   25  act, shall not affect the expiration of such paragraphs and shall expire
   26  therewith;
   27    10.  the  amendments  to  subdivision 4 of section 365-h of the social
   28  services law, made by section sixty-two of this act,  shall  not  affect
   29  the repeal of such section and shall be deemed repealed therewith;
   30    11.  the  amendments  to subdivision 18 of section 364-j of the social
   31  services law made by section seventy-two of this act  shall  not  affect
   32  the repeal of such section and shall be deemed to be repealed therewith;
   33  and
   34    12. section seventy of this act shall take effect January 1, 2016.
   35                                   PART C
   36    Section  1.   Section 48-a of part A of chapter 56 of the laws of 2013
   37  amending chapter 59 of the laws of 2011 amending the public  health  law
   38  and  other  laws  relating  to general hospital reimbursement for annual
   39  rates relating to the cap on local Medicaid expenditures, as amended  by
   40  section  13  of  part C of chapter 60 of the laws of 2014, is amended to
   41  read as follows:
   42    S 48-a. 1. Notwithstanding any contrary provision of law, the  commis-
   43  sioners of the office of alcoholism and substance abuse services and the
   44  office  of  mental health are authorized, subject to the approval of the
   45  director of the budget, to transfer to the commissioner of health  state
   46  funds  to  be  utilized as the state share for the purpose of increasing
   47  payments under  the  medicaid  program  to  managed  care  organizations
   48  licensed  under  article 44 of the public health law or under article 43
   49  of the insurance law. Such managed care organizations shall utilize such
   50  funds for the purpose of  reimbursing  providers  licensed  pursuant  to
   51  article  28  of  the public health law or article 31 or 32 of the mental
   52  hygiene law for ambulatory behavioral health services, as determined  by
   53  the  commissioner  of  health,  in consultation with the commissioner of
   54  alcoholism and substance abuse services  and  the  commissioner  of  the
       S. 4207                            42
    1  office of mental health, provided to medicaid eligible outpatients. Such
    2  reimbursement  shall  be in the form of fees for such services which are
    3  equivalent to the payments established for such services under the ambu-
    4  latory  patient  group (APG) rate-setting methodology as utilized by the
    5  department of health, the  office  of  alcoholism  and  substance  abuse
    6  services,  or  the  office  of  mental health for rate-setting purposes;
    7  provided, however, that the increase to such fees that shall result from
    8  the provisions of this section shall not, in the aggregate and as deter-
    9  mined by the commissioner of health, in consultation  with  the  commis-
   10  sioner  of  alcoholism and substance abuse services and the commissioner
   11  of the office of mental health, be greater than the increased funds made
   12  available pursuant to this section.   The increase  of  such  ambulatory
   13  behavioral  health  fees to providers available under this section shall
   14  be for all rate periods on and after the effective date of [the] SECTION
   15  13 OF PART C OF chapter 60 of the  laws  of  2014  [which  amended  this
   16  section]  through  December  31, [2016] 2018 for patients in the city of
   17  New York, for all rate periods on and after the effective date of  [the]
   18  SECTION  13  OF  PART C OF chapter 60 of the laws of 2014 [which amended
   19  this section] through [June 30, 2017] DECEMBER  31,  2018  for  patients
   20  outside  the city of New York, and for all rate periods on and after the
   21  effective date of such chapter [of the laws of 2014 which  amended  this
   22  section]  through  December 31, [2017] 2018 for all services provided to
   23  persons under the age of twenty-one;  provided,  however,  that  managed
   24  care organizations and providers may negotiate different rates and meth-
   25  ods  of  payment  during  such  periods  described above, subject to the
   26  approval of the department of health. The  department  of  health  shall
   27  consult  with  the office of alcoholism and substance abuse services and
   28  the office of mental health  in  determining  whether  such  alternative
   29  rates shall be approved. The commissioner of health may, in consultation
   30  with the commissioner of alcoholism and substance abuse services and the
   31  commissioner  of  the  office  of mental health, promulgate regulations,
   32  including emergency regulations promulgated prior to October 1, 2015  to
   33  establish rates for ambulatory behavioral health services, as are neces-
   34  sary  to  implement  the  provisions  of this section. Rates promulgated
   35  under this section shall  be  included  in  the  report  required  under
   36  section 45-c of part A of this chapter.
   37    2.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF LAW, THE FEES PAID BY
   38  MANAGED CARE ORGANIZATIONS LICENSED  UNDER  ARTICLE  44  OF  THE  PUBLIC
   39  HEALTH  LAW  OR  UNDER  ARTICLE  43  OF  THE INSURANCE LAW, TO PROVIDERS
   40  LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR  ARTICLE  31
   41  OR  32  OF  THE  MENTAL  HYGIENE  LAW,  FOR AMBULATORY BEHAVIORAL HEALTH
   42  SERVICES PROVIDED TO PATIENTS ENROLLED IN  THE  CHILD  HEALTH  INSURANCE
   43  PROGRAM  PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH LAW,
   44  SHALL BE IN THE FORM OF FEES FOR SUCH SERVICES WHICH ARE  EQUIVALENT  TO
   45  THE  PAYMENTS ESTABLISHED FOR SUCH SERVICES UNDER THE AMBULATORY PATIENT
   46  GROUP (APG) RATE-SETTING METHODOLOGY. THE COMMISSIONER OF  HEALTH  SHALL
   47  CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
   48  AND  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH IN DETERMINING SUCH
   49  SERVICES AND ESTABLISHING SUCH FEES. SUCH AMBULATORY  BEHAVIORAL  HEALTH
   50  FEES  TO  PROVIDERS  AVAILABLE  UNDER THIS SECTION SHALL BE FOR ALL RATE
   51  PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER
   52  31, 2018 FOR PATIENTS IN THE CITY OF NEW YORK, AND FOR ALL RATE  PERIODS
   53  ON  AND  AFTER  THE  EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER 31,
   54  2018 FOR PATIENTS OUTSIDE THE CITY OF NEW YORK, PROVIDED, HOWEVER,  THAT
   55  MANAGED  CARE  ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE DIFFERENT RATES
   56  AND METHODS OF PAYMENT DURING SUCH PERIODS DESCRIBED ABOVE,  SUBJECT  TO
       S. 4207                            43
    1  THE  APPROVAL  OF  THE  DEPARTMENT OF HEALTH.   THE DEPARTMENT OF HEALTH
    2  SHALL CONSULT WITH THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
    3  AND THE OFFICE OF MENTAL HEALTH IN DETERMINING WHETHER SUCH  ALTERNATIVE
    4  RATES SHALL BE APPROVED.
    5    S  2.  Section 1 of part H of chapter 111 of the laws of 2010 relating
    6  to increasing Medicaid payments to providers through managed care organ-
    7  izations and providing equivalent fees  through  an  ambulatory  patient
    8  group  methodology,  as amended by section 15 of part C of chapter 60 of
    9  the laws of 2014, is amended to read as follows:
   10    Section 1. A. Notwithstanding  any  contrary  provision  of  law,  the
   11  commissioners  of  mental  health  and  alcoholism  and  substance abuse
   12  services are authorized, subject to the approval of the director of  the
   13  budget,  to  transfer  to  the  commissioner of health state funds to be
   14  utilized as the state share for the purpose of increasing payments under
   15  the medicaid program to managed care organizations licensed under  arti-
   16  cle  44  of  the  public health law or under article 43 of the insurance
   17  law. Such managed care organizations shall utilize such  funds  for  the
   18  purpose  of reimbursing providers licensed pursuant to article 28 of the
   19  public health law, or pursuant to article 31 or article 32 of the mental
   20  hygiene law for ambulatory behavioral health services, as determined  by
   21  the  commissioner  of  health  in  consultation with the commissioner of
   22  mental  health  and  commissioner  of  alcoholism  and  substance  abuse
   23  services,  provided to medicaid eligible outpatients. Such reimbursement
   24  shall be in the form of fees for such services which are  equivalent  to
   25  the  payments established for such services under the ambulatory patient
   26  group (APG) rate-setting methodology as utilized by  the  department  of
   27  health  or  by  the  office of mental health or office of alcoholism and
   28  substance abuse services for rate-setting purposes;  provided,  however,
   29  that  the increase to such fees that shall result from the provisions of
   30  this section shall not, in  the  aggregate  and  as  determined  by  the
   31  commissioner  of health in consultation with the commissioners of mental
   32  health and alcoholism and substance abuse services, be greater than  the
   33  increased funds made available pursuant to this section. The increase of
   34  such  behavioral  health  fees to providers available under this section
   35  shall be for all rate periods on and after the effective date  of  [the]
   36  SECTION  15  OF  PART C OF chapter 60 of the laws of 2014 [which amended
   37  this section] through December 31, [2016] 2018 for patients in the  city
   38  of  New  York,  for  all rate periods on and after the effective date of
   39  [the] SECTION 15 OF PART C OF chapter 60 of  the  laws  of  2014  [which
   40  amended  this  section]  through  [June  30, 2017] DECEMBER 31, 2018 for
   41  patients outside the city of New York, and for all rate periods  on  and
   42  after  the effective date of [the] SECTION 15 OF PART C OF chapter 60 of
   43  the laws of 2014 [which  amended  this  section]  through  December  31,
   44  [2017]  2018 for all services provided to persons under the age of twen-
   45  ty-one; provided, however, that managed care organizations and providers
   46  may negotiate different rates and methods of payment during such periods
   47  described, subject to the approval of  the  department  of  health.  The
   48  department  of  health  shall  consult with the office of alcoholism and
   49  substance abuse services and the office of mental health in  determining
   50  whether  such  alternative  rates shall be approved. The commissioner of
   51  health may, in consultation with the commissioners of mental health  and
   52  alcoholism and substance abuse services, promulgate regulations, includ-
   53  ing  emergency  regulations  promulgated  prior  to October 1, 2013 that
   54  establish rates for behavioral health  services,  as  are  necessary  to
   55  implement  the  provisions of this section. Rates promulgated under this
       S. 4207                            44
    1  section shall be included in the report required under section  45-c  of
    2  part A of chapter 56 of the laws of 2013.
    3    B.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF LAW, THE FEES PAID BY
    4  MANAGED CARE ORGANIZATIONS LICENSED  UNDER  ARTICLE  44  OF  THE  PUBLIC
    5  HEALTH  LAW  OR  UNDER  ARTICLE  43  OF  THE INSURANCE LAW, TO PROVIDERS
    6  LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR  ARTICLE  31
    7  OR  32  OF  THE  MENTAL  HYGIENE  LAW,  FOR AMBULATORY BEHAVIORAL HEALTH
    8  SERVICES PROVIDED TO PATIENTS ENROLLED IN  THE  CHILD  HEALTH  INSURANCE
    9  PROGRAM  PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH LAW,
   10  SHALL BE IN THE FORM OF FEES FOR SUCH SERVICES WHICH ARE  EQUIVALENT  TO
   11  THE  PAYMENTS ESTABLISHED FOR SUCH SERVICES UNDER THE AMBULATORY PATIENT
   12  GROUP (APG) RATE-SETTING METHODOLOGY. THE COMMISSIONER OF  HEALTH  SHALL
   13  CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
   14  AND  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH IN DETERMINING SUCH
   15  SERVICES AND ESTABLISHING SUCH FEES. SUCH AMBULATORY  BEHAVIORAL  HEALTH
   16  FEES  TO  PROVIDERS  AVAILABLE  UNDER THIS SECTION SHALL BE FOR ALL RATE
   17  PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER
   18  31, 2018 FOR PATIENTS IN THE CITY OF NEW YORK, AND FOR ALL RATE  PERIODS
   19  ON  AND  AFTER  THE  EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER 31,
   20  2018 FOR PATIENTS OUTSIDE THE CITY OF NEW YORK, PROVIDED, HOWEVER,  THAT
   21  MANAGED  CARE  ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE DIFFERENT RATES
   22  AND METHODS OF PAYMENT DURING SUCH PERIODS DESCRIBED ABOVE,  SUBJECT  TO
   23  THE APPROVAL OF THE DEPARTMENT OF HEALTH. THE DEPARTMENT OF HEALTH SHALL
   24  CONSULT  WITH  THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND
   25  THE OFFICE OF MENTAL HEALTH  IN  DETERMINING  WHETHER  SUCH  ALTERNATIVE
   26  RATES SHALL BE APPROVED.
   27    S  3. Notwithstanding any inconsistent provision of law, rule or regu-
   28  lation, for purposes of implementing the provisions of the public health
   29  law and the social services law, references to titles XIX and XXI of the
   30  federal social security act in the public  health  law  and  the  social
   31  services  law  shall be deemed to include and also to mean any successor
   32  titles thereto under the federal social security act.
   33    S 4. Notwithstanding any inconsistent provision of law, rule or  regu-
   34  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   35  the  public health law, section 18 of chapter 2 of the laws of 1988, and
   36  18 NYCRR 505.14(h), as they relate to time frames for  notice,  approval
   37  or  certification  of rates of payment, are hereby suspended and without
   38  force or effect for purposes of implementing the provisions of this act.
   39    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
   40  sion, section or part of this act shall be  adjudged  by  any  court  of
   41  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   42  impair or invalidate the remainder thereof, but shall be confined in its
   43  operation to the clause, sentence, paragraph,  subdivision,  section  or
   44  part thereof directly involved in the controversy in which such judgment
   45  shall  have been rendered. It is hereby declared to be the intent of the
   46  legislature that this act would have been enacted even if  such  invalid
   47  provisions had not been included herein.
   48    S  6.  This  act  shall take effect immediately and shall be deemed to
   49  have been in full force and effect on and after April 1, 2015. Provided,
   50  however that:
   51    1. any rules or regulations necessary to implement the  provisions  of
   52  this  act  may be promulgated and any procedures, forms, or instructions
   53  necessary for such implementation may be adopted and issued on or  after
   54  the date this act shall have become a law;
       S. 4207                            45
    1    2. this act shall not be construed to alter, change, affect, impair or
    2  defeat any rights, obligations, duties or interests accrued, incurred or
    3  conferred prior to the effective date of this act;
    4    3. the commissioner of health and the superintendent of the department
    5  of  financial  services  and  any appropriate council may take any steps
    6  necessary to implement this act prior to its effective date;
    7    4. notwithstanding any inconsistent provision of the state administra-
    8  tive procedure act or any other provision of law,  rule  or  regulation,
    9  the  commissioner  of health and the superintendent of the department of
   10  financial services and any appropriate council is authorized to adopt or
   11  amend or promulgate on an emergency basis any regulation he  or  she  or
   12  such council determines necessary to implement any provision of this act
   13  on its effective date;
   14    5.  the  provisions of this act shall become effective notwithstanding
   15  the failure of the commissioner of health or the superintendent  of  the
   16  department  of  financial  services  or any council to adopt or amend or
   17  promulgate regulations implementing this act; and
   18    6. the amendments to section 48-a of part A of chapter 56 of the  laws
   19  of  2013  made by section one of this act shall not affect the repeal of
   20  such section and shall be deemed repealed therewith and  the  amendments
   21  to  section  1  of  part  H  of  chapter 111 of the laws of 2010 made by
   22  section two of this act shall not affect the expiration of such  section
   23  and shall be deemed to expire therewith.
   24                                   PART D
   25    Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
   26  public  health  law  relating  to  authorizing bad debt and charity care
   27  allowances for certified home health agencies, as amended by  section  3
   28  of  part  B  of  chapter  56  of the laws of 2013, is amended to read as
   29  follows:
   30    S 11. This act shall take effect immediately and:
   31    (a) sections one and three shall expire on December 31, 1996,
   32    (b) sections four through ten shall expire on June  30,  [2015]  2017,
   33  and
   34    (c) provided that the amendment to section 2807-b of the public health
   35  law  by  section two of this act shall not affect the expiration of such
   36  section 2807-b as otherwise provided by  law  and  shall  be  deemed  to
   37  expire therewith.
   38    S  2.  Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
   39  amending the public health  law  and  other  laws  relating  to  medical
   40  reimbursement  and  welfare reform, as amended by section 4 of part B of
   41  chapter 56 of the laws of 2013, is amended to read as follows:
   42    2. Sections five, seven through nine,  twelve  through  fourteen,  and
   43  eighteen  of  this  act  shall  be deemed to have been in full force and
   44  effect on and after April 1, 1995 through March  31,  1999  and  on  and
   45  after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
   46  through  March 31, 2003 and on and after April 1, 2003 through March 31,
   47  2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
   48  after  April  1,  2007  through March 31, 2009 and on and after April 1,
   49  2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
   50  of  this act shall be deemed to be in full force and effect on and after
   51  April 1, 2011 through March 31, 2015 AND ON  AND  AFTER  APRIL  1,  2015
   52  THROUGH MARCH 31, 2017;
       S. 4207                            46
    1    S  3.  Subparagraph  (vi) of paragraph (b) of subdivision 2 of section
    2  2807-d of the public health law, as amended by section 5 of  part  B  of
    3  chapter 56 of the laws of 2013, is amended to read as follows:
    4    (vi)  Notwithstanding  any contrary provision of this paragraph or any
    5  other provision of law or regulation to the  contrary,  for  residential
    6  health care facilities the assessment shall be six percent of each resi-
    7  dential  health care facility's gross receipts received from all patient
    8  care services and other operating income on a cash basis for the  period
    9  April  first,  two thousand two through March thirty-first, two thousand
   10  three for hospital  or  health-related  services,  including  adult  day
   11  services;  provided,  however,  that residential health care facilities'
   12  gross receipts attributable to payments received pursuant to title XVIII
   13  of the federal social security act (medicare) shall be excluded from the
   14  assessment; provided, however, that for all such gross receipts received
   15  on or after April first, two thousand three through March  thirty-first,
   16  two  thousand  five,  such assessment shall be five percent, and further
   17  provided that for all such gross receipts received  on  or  after  April
   18  first,  two thousand five through March thirty-first, two thousand nine,
   19  and on or after April first, two thousand  nine  through  March  thirty-
   20  first,  two  thousand  eleven  such assessment shall be six percent, and
   21  further provided that for all such gross receipts received on  or  after
   22  April  first,  two thousand eleven through March thirty-first, two thou-
   23  sand thirteen such assessment shall be six percent, and further provided
   24  that for all such gross receipts received on or after April  first,  two
   25  thousand  thirteen through March thirty-first, two thousand fifteen such
   26  assessment shall be six percent, AND FURTHER PROVIDED THAT FOR ALL  SUCH
   27  GROSS  RECEIPTS  RECEIVED  ON OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN
   28  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN SUCH ASSESSMENT SHALL
   29  BE SIX PERCENT.
   30    S 4. Section 88 of chapter 659 of the laws of 1997,  constituting  the
   31  long  term  care  integration  and  finance  act  of 1997, as amended by
   32  section 6 of part B of chapter 56 of the laws of  2013,  is  amended  to
   33  read as follows:
   34    S  88. Notwithstanding any provision of law to the contrary, all oper-
   35  ating demonstrations, as such term is defined in paragraph (c) of subdi-
   36  vision 1 of section 4403-f of the public health law as added by  section
   37  eighty-two  of this act, due to expire prior to January 1, 2001 shall be
   38  deemed to [expire on December 31, 2015] REMAIN IN FULL FORCE AND  EFFECT
   39  SUBSEQUENT TO SUCH DATE.
   40    S  5. Subdivision 1 of section 194 of chapter 474 of the laws of 1996,
   41  amending the education law and other laws relating to rates for residen-
   42  tial health care facilities, as amended by section 9 of part B of  chap-
   43  ter 56 of the laws of 2013, is amended to read as follows:
   44    1.  Notwithstanding  any  inconsistent provision of law or regulation,
   45  the trend factors used to project reimbursable operating  costs  to  the
   46  rate  period  for  purposes  of determining rates of payment pursuant to
   47  article 28 of the public health law for residential health care  facili-
   48  ties for reimbursement of inpatient services provided to patients eligi-
   49  ble  for payments made by state governmental agencies on and after April
   50  1, 1996 through March 31, 1999 and for payments made on and  after  July
   51  1,  1999  through  March 31, 2000 and on and after April 1, 2000 through
   52  March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
   53  on and after April 1, 2007 through March 31, 2009 and on and after April
   54  1, 2009 through March 31, 2011 and on and after April  1,  2011  through
   55  March  31,  2013  and on and after April 1, 2013 through March 31, 2015,
   56  AND ON AND AFTER APRIL 1, 2015 THROUGH MARCH 31, 2017 shall  reflect  no
       S. 4207                            47
    1  trend  factor  projections  or adjustments for the period April 1, 1996,
    2  through March 31, 1997.
    3    S 6. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
    4  of  2007,  amending  the  social services law and other laws relating to
    5  enacting the major components of legislation necessary to implement  the
    6  health and mental hygiene budget for the 2007-2008 state fiscal year, as
    7  amended  by  section  10 of part B of chapter 56 of the laws of 2013, is
    8  amended to read as follows:
    9    1. Notwithstanding paragraph (c) of subdivision 10 of  section  2807-c
   10  of  the  public  health  law  and section 21 of chapter 1 of the laws of
   11  1999, as amended, and any other inconsistent provision of law  or  regu-
   12  lation  to  the  contrary,  in  determining  rates  of payments by state
   13  governmental agencies effective for services provided beginning April 1,
   14  2006, through March 31, 2009, and on and after  April  1,  2009  through
   15  March  31,  2011, and on and after April 1, 2011 through March 31, 2013,
   16  and on and after April 1, 2013 through March 31, 2015, AND ON AND  AFTER
   17  APRIL  1,  2015  THROUGH  MARCH  31,  2017  for inpatient and outpatient
   18  services provided by general hospitals and for  inpatient  services  and
   19  outpatient adult day health care services provided by residential health
   20  care  facilities  pursuant  to  article 28 of the public health law, the
   21  commissioner of health shall apply a trend factor projection of two  and
   22  twenty-five  hundredths  percent  attributable  to the period January 1,
   23  2006 through December 31, 2006,  and  on  and  after  January  1,  2007,
   24  provided,  however,  that on reconciliation of such trend factor for the
   25  period January 1, 2006 through December 31, 2006 pursuant  to  paragraph
   26  (c)  of  subdivision 10 of section 2807-c of the public health law, such
   27  trend factor shall be the final US Consumer Price Index  (CPI)  for  all
   28  urban  consumers,  as published by the US Department of Labor, Bureau of
   29  Labor Statistics less twenty-five hundredths of a percentage point.
   30    S 7. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of the
   31  laws of 1995, amending the public health law and other laws relating  to
   32  medical  reimbursement  and  welfare reform, as amended by section 11 of
   33  part B of chapter 56 of the laws of 2013, is amended to read as follows:
   34    (f) Prior to February 1, 2001, February 1,  2002,  February  1,  2003,
   35  February  1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
   36  February 1, 2008, February 1, 2009, February 1, 2010, February 1,  2011,
   37  February 1, 2012, February 1, 2013 [and], February 1, 2014 [and], Febru-
   38  ary  1,  2015, FEBRUARY 1, 2016 AND FEBRUARY 1, 2017 the commissioner of
   39  health shall calculate the result of the statewide total of  residential
   40  health  care  facility  days  of care provided to beneficiaries of title
   41  XVIII of the federal social security act (medicare), divided by the  sum
   42  of  such  days  of care plus days of care provided to residents eligible
   43  for payments pursuant to title 11 of article 5 of  the  social  services
   44  law  minus  the  number  of days provided to residents receiving hospice
   45  care, expressed as a percentage, for the period  commencing  January  1,
   46  through  November 30, of the prior year respectively, based on such data
   47  for such period. This value shall be called the 2000, 2001, 2002,  2003,
   48  2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and],
   49  2015, 2016 AND 2017 statewide target percentage respectively.
   50    S 8. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 64
   51  of chapter 81 of the laws of 1995, amending the public  health  law  and
   52  other  laws  relating  to  medical  reimbursement and welfare reform, as
   53  amended by section 12 of part B of chapter 56 of the laws  of  2013,  is
   54  amended to read as follows:
   55    (ii)  If  the  1997,  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006,
   56  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014  [and],  2015,  2016  AND
       S. 4207                            48
    1  2017  statewide  target percentages are not for each year at least three
    2  percentage points higher than the statewide base percentage, the commis-
    3  sioner of health shall determine the percentage by which  the  statewide
    4  target  percentage for each year is not at least three percentage points
    5  higher than the statewide base  percentage.  The  percentage  calculated
    6  pursuant  to  this paragraph shall be called the 1997, 1998, 2000, 2001,
    7  2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,  2013,
    8  2014  [and],  2015, 2016 AND 2017 statewide reduction percentage respec-
    9  tively.  If the 1997, 1998, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
   10  2007,  2008, 2009, 2010, 2011, 2012, 2013[;], 2014 [and], 2015, 2016 AND
   11  2017 statewide target percentage for the respective  year  is  at  least
   12  three  percentage  points higher than the statewide base percentage, the
   13  statewide reduction percentage for the respective year shall be zero.
   14    S 9. Subparagraph (iii) of paragraph (b) of subdivision 4  of  section
   15  64 of chapter 81 of the laws of 1995, amending the public health law and
   16  other  laws  relating  to  medical  reimbursement and welfare reform, as
   17  amended by section 13 of part B of chapter 56 of the laws  of  2013,  is
   18  amended to read as follows:
   19    (iii)  The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
   20  2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017  statewide
   21  reduction  percentage  shall  be  multiplied  by one hundred two million
   22  dollars respectively to determine the  1998,  2000,  2001,  2002,  2003,
   23  2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and],
   24  2015, 2016 AND 2017 statewide aggregate reduction amount.  If  the  1998
   25  and  the  2000,  2001,  2002,  2003, 2004, 2005, 2006, 2007, 2008, 2009,
   26  2010, 2011, 2012, 2013,  2014  [and],  2015,  2016  AND  2017  statewide
   27  reduction percentage shall be zero respectively, there shall be no 1998,
   28  2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
   29  2012, 2013, 2014 [and], 2015, 2016 AND 2017 reduction amount.
   30    S 10. Section 228 of chapter 474 of the laws  of  1996,  amending  the
   31  education  law  and  other laws relating to rates for residential health
   32  care facilities, as amended by section 14-a of part B of chapter  56  of
   33  the laws of 2013, is amended to read as follows:
   34    S  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
   35  shall mean a downstate region to consist of Kings, New  York,  Richmond,
   36  Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
   37  consist of all other New York state counties. A  certified  home  health
   38  agency  or  long  term  home health care program shall be located in the
   39  same county utilized by the commissioner of health for the establishment
   40  of rates pursuant to article 36 of the public health law.
   41    (b) Certified home health  agency  (CHHA)  shall  mean  such  term  as
   42  defined in section 3602 of the public health law.
   43    (c)  Long  term home health care program (LTHHCP) shall mean such term
   44  as defined in subdivision 8 of section 3602 of the public health law.
   45    (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
   46  ly, located within a region.
   47    (e) Medicaid revenue percentage, for purposes of this  section,  shall
   48  mean  CHHA  and  LTHHCP  revenues  attributable  to services provided to
   49  persons eligible for payments pursuant to title 11 of article 5  of  the
   50  social services law divided by such revenues plus CHHA and LTHHCP reven-
   51  ues attributable to services provided to beneficiaries of Title XVIII of
   52  the federal social security act (medicare).
   53    (f)  Base  period,  for  purposes of this section, shall mean calendar
   54  year 1995.
   55    (g) Target period. For purposes of this section, the 1996 target peri-
   56  od shall mean August 1, 1996 through March 31,  1997,  the  1997  target
       S. 4207                            49
    1  period  shall  mean  January 1, 1997 through November 30, 1997, the 1998
    2  target period shall mean January 1, 1998 through November 30, 1998,  the
    3  1999 target period shall mean January 1, 1999 through November 30, 1999,
    4  the  2000  target period shall mean January 1, 2000 through November 30,
    5  2000, the 2001 target period shall mean January 1, 2001 through November
    6  30, 2001, the 2002 target period shall  mean  January  1,  2002  through
    7  November  30,  2002,  the  2003 target period shall mean January 1, 2003
    8  through November 30, 2003, the 2004 target period shall mean January  1,
    9  2004  through  November  30, 2004, and the 2005 target period shall mean
   10  January 1, 2005 through November 30, 2005, the 2006 target period  shall
   11  mean  January  1,  2006  through  November 30, 2006, and the 2007 target
   12  period shall mean January 1, 2007 through November 30, 2007 and the 2008
   13  target period shall mean January 1, 2008 through November 30, 2008,  and
   14  the  2009  target period shall mean January 1, 2009 through November 30,
   15  2009 and the 2010 target period  shall  mean  January  1,  2010  through
   16  November  30, 2010 and the 2011 target period shall mean January 1, 2011
   17  through November 30, 2011 and the 2012 target period shall mean  January
   18  1,  2012 through November 30, 2012 and the 2013 target period shall mean
   19  January 1, 2013 through November 30, 2013, and the  2014  target  period
   20  shall mean January 1, 2014 through November 30, 2014 and the 2015 target
   21  period shall mean January 1, 2015 through November 30, 2015 AND THE 2016
   22  TARGET  PERIOD  SHALL MEAN JANUARY 1, 2016 THROUGH NOVEMBER 30, 2016 AND
   23  THE 2017 TARGET PERIOD SHALL MEAN JANUARY 1, 2017 THROUGH  NOVEMBER  30,
   24  2017.
   25    2.  (a) Prior to February 1, 1997, for each regional group the commis-
   26  sioner of health shall calculate the 1996 medicaid  revenue  percentages
   27  for the period commencing August 1, 1996 to the last date for which such
   28  data is available and reasonably accurate.
   29    (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
   30  February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
   31  prior  to February 1, 2003, prior to February 1, 2004, prior to February
   32  1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
   33  February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
   34  prior to February 1, 2011, prior to February 1, 2012, prior to  February
   35  1, 2013, prior to February 1, 2014 [and], prior to February 1, 2015, AND
   36  PRIOR  TO  FEBRUARY  1,  2016  AND  PRIOR  TO  FEBRUARY 1, 2017 for each
   37  regional group the commissioner of  health  shall  calculate  the  prior
   38  year's  medicaid revenue percentages for the period commencing January 1
   39  through November 30 of such prior year.
   40    3. By September 15, 1996, for each regional group the commissioner  of
   41  health shall calculate the base period medicaid revenue percentage.
   42    4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
   43  percentage shall be calculated by subtracting the 1996 medicaid  revenue
   44  reduction percentages from the base period medicaid revenue percentages.
   45  The  1996  medicaid  revenue  reduction  percentage, taking into account
   46  regional and program differences in utilization of medicaid and medicare
   47  services, for the following regional groups shall be equal to:
   48    (i) one and one-tenth percentage points for CHHAs located  within  the
   49  downstate region;
   50    (ii)  six-tenths  of one percentage point for CHHAs located within the
   51  upstate region;
   52    (iii) one and eight-tenths percentage points for LTHHCPs located with-
   53  in the downstate region; and
   54    (iv) one and seven-tenths percentage points for LTHHCPs located within
   55  the upstate region.
       S. 4207                            50
    1    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
    2  2008,  2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017 for
    3  each regional group, the target  medicaid  revenue  percentage  for  the
    4  respective year shall be calculated by subtracting the respective year's
    5  medicaid  revenue  reduction  percentage  from  the base period medicaid
    6  revenue percentage. The medicaid revenue reduction percentages for 1997,
    7  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
    8  2011,  2012,  2013, 2014 [and], 2015, 2016 AND 2017, taking into account
    9  regional and program differences in utilization of medicaid and medicare
   10  services, for the following regional groups shall be equal to  for  each
   11  such year:
   12    (i)  one  and one-tenth percentage points for CHHAs located within the
   13  downstate region;
   14    (ii) six-tenths of one percentage point for CHHAs located  within  the
   15  upstate region;
   16    (iii) one and eight-tenths percentage points for LTHHCPs located with-
   17  in the downstate region; and
   18    (iv) one and seven-tenths percentage points for LTHHCPs located within
   19  the upstate region.
   20    (c) For each regional group, the 1999 target medicaid revenue percent-
   21  age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
   22  reduction percentage from the base period medicaid  revenue  percentage.
   23  The  1999  medicaid  revenue  reduction percentages, taking into account
   24  regional and program differences in utilization of medicaid and medicare
   25  services, for the following regional groups shall be equal to:
   26    (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
   27  point for CHHAs located within the downstate region;
   28    (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
   29  located within the upstate region;
   30    (iii) one and thirty-five  hundredths  percentage  points  (1.35)  for
   31  LTHHCPs located within the downstate region; and
   32    (iv)  one  and  two hundred seventy-five thousandths percentage points
   33  (1.275) for LTHHCPs located within the upstate region.
   34    5. (a) For each regional group, if the 1996 medicaid revenue  percent-
   35  age  is  not  equal  to  or  less  than the 1996 target medicaid revenue
   36  percentage, the commissioner of health shall compare the  1996  medicaid
   37  revenue  percentage  to  the  1996 target medicaid revenue percentage to
   38  determine the amount of the shortfall which, when divided  by  the  1996
   39  medicaid   revenue  reduction  percentage,  shall  be  called  the  1996
   40  reduction factor. These amounts, expressed as a  percentage,  shall  not
   41  exceed  one  hundred percent. If the 1996 medicaid revenue percentage is
   42  equal to or less than the 1996 target medicaid revenue  percentage,  the
   43  1996 reduction factor shall be zero.
   44    (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
   45  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and],  2015,  2016,  AND
   46  2017,  for  each  regional group, if the medicaid revenue percentage for
   47  the respective year is not equal to or less  than  the  target  medicaid
   48  revenue  percentage for such respective year, the commissioner of health
   49  shall compare such respective year's medicaid revenue percentage to such
   50  respective year's target medicaid revenue percentage  to  determine  the
   51  amount  of  the  shortfall  which, when divided by the respective year's
   52  medicaid revenue reduction percentage, shall  be  called  the  reduction
   53  factor  for such respective year. These amounts, expressed as a percent-
   54  age, shall not exceed one  hundred  percent.  If  the  medicaid  revenue
   55  percentage  for  a  particular  year is equal to or less than the target
       S. 4207                            51
    1  medicaid revenue percentage for that year, the reduction factor for that
    2  year shall be zero.
    3    6.  (a)  For  each  regional group, the 1996 reduction factor shall be
    4  multiplied by the following amounts to determine each  regional  group's
    5  applicable 1996 state share reduction amount:
    6    (i) two million three hundred ninety thousand dollars ($2,390,000) for
    7  CHHAs located within the downstate region;
    8    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
    9  within the upstate region;
   10    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
   11  for LTHHCPs located within the downstate region; and
   12    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
   13  located within the upstate region.
   14    For  each regional group reduction, if the 1996 reduction factor shall
   15  be zero, there shall be no 1996 state share reduction amount.
   16    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
   17  2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017, for
   18  each  regional group, the reduction factor for the respective year shall
   19  be multiplied by  the  following  amounts  to  determine  each  regional
   20  group's  applicable  state  share  reduction  amount for such respective
   21  year:
   22    (i) two million three hundred ninety thousand dollars ($2,390,000) for
   23  CHHAs located within the downstate region;
   24    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
   25  within the upstate region;
   26    (iii) one million two hundred seventy  thousand  dollars  ($1,270,000)
   27  for LTHHCPs located within the downstate region; and
   28    (iv)  five  hundred  ninety  thousand  dollars  ($590,000) for LTHHCPs
   29  located within the upstate region.
   30    For each regional group reduction,  if  the  reduction  factor  for  a
   31  particular  year  shall be zero, there shall be no state share reduction
   32  amount for such year.
   33    (c) For each regional group, the 1999 reduction factor shall be multi-
   34  plied by the following amounts to determine each regional group's appli-
   35  cable 1999 state share reduction amount:
   36    (i) one million seven hundred ninety-two thousand five hundred dollars
   37  ($1,792,500) for CHHAs located within the downstate region;
   38    (ii) five hundred sixty-two thousand five hundred  dollars  ($562,500)
   39  for CHHAs located within the upstate region;
   40    (iii)  nine hundred fifty-two thousand five hundred dollars ($952,500)
   41  for LTHHCPs located within the downstate region; and
   42    (iv) four hundred forty-two thousand five hundred  dollars  ($442,500)
   43  for LTHHCPs located within the upstate region.
   44    For  each regional group reduction, if the 1999 reduction factor shall
   45  be zero, there shall be no 1999 state share reduction amount.
   46    7. (a) For each regional group, the 1996 state share reduction  amount
   47  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
   48  on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
   49  achieve the 1996 target medicaid revenue  percentage,  calculated  on  a
   50  provider  specific  basis utilizing revenues for this purpose, expressed
   51  as a proportion of the total of each  CHHA's  and  LTHHCP's  failure  to
   52  achieve  the 1996 target medicaid revenue percentage within the applica-
   53  ble regional group. This proportion shall be multiplied by the  applica-
   54  ble  1996 state share reduction amount calculation pursuant to paragraph
   55  (a) of subdivision 6 of this section. This amount shall  be  called  the
   56  1996 provider specific state share reduction amount.
       S. 4207                            52
    1    (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
    2  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014  [and],  2015,  2016  AND
    3  2017  for  each regional group, the state share reduction amount for the
    4  respective year shall be allocated by the commissioner of  health  among
    5  CHHAs and LTHHCPs on the basis of the extent of each CHHA's and LTHHCP's
    6  failure to achieve the target medicaid revenue percentage for the appli-
    7  cable  year,  calculated on a provider specific basis utilizing revenues
    8  for this purpose, expressed as a proportion of the total of each  CHHA's
    9  and  LTHHCP's  failure to achieve the target medicaid revenue percentage
   10  for the applicable year  within  the  applicable  regional  group.  This
   11  proportion  shall  be  multiplied  by  the applicable year's state share
   12  reduction amount calculation pursuant to paragraph (b) or (c) of  subdi-
   13  vision  6  of  this  section.  This  amount shall be called the provider
   14  specific state share reduction amount for the applicable year.
   15    8. (a) The 1996 provider specific state share reduction  amount  shall
   16  be due to the state from each CHHA and LTHHCP and may be recouped by the
   17  state  by  March  31, 1997 in a lump sum amount or amounts from payments
   18  due to the CHHA and LTHHCP pursuant to title 11  of  article  5  of  the
   19  social services law.
   20    (b) The provider specific state share reduction amount for 1997, 1998,
   21  1999,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
   22  2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017 respectively, shall be
   23  due to the state from each CHHA and LTHHCP and each year the amount  due
   24  for  such year may be recouped by the state by March 31 of the following
   25  year in a lump sum amount or amounts from payments due to the  CHHA  and
   26  LTHHCP pursuant to title 11 of article 5 of the social services law.
   27    9.  CHHAs  and  LTHHCPs shall submit such data and information at such
   28  times as the commissioner of health may require  for  purposes  of  this
   29  section.  The  commissioner of health may use data available from third-
   30  party payors.
   31    10. On or about June 1, 1997, for each regional group the commissioner
   32  of health shall calculate for the period August 1,  1996  through  March
   33  31,  1997  a  medicaid  revenue  percentage, a reduction factor, a state
   34  share reduction amount, and a provider specific  state  share  reduction
   35  amount  in  accordance with the methodology provided in paragraph (a) of
   36  subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
   37  sion 6 and paragraph (a) of subdivision 7 of this section. The  provider
   38  specific state share reduction amount calculated in accordance with this
   39  subdivision  shall be compared to the 1996 provider specific state share
   40  reduction amount calculated in accordance with paragraph (a) of subdivi-
   41  sion 7 of this section. Any amount in excess of the amount determined in
   42  accordance with paragraph (a) of subdivision 7 of this section shall  be
   43  due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
   44  accordance with paragraph (a) of subdivision 8 of this section.  If  the
   45  amount  is  less than the amount determined in accordance with paragraph
   46  (a) of subdivision 7 of this section, the difference shall  be  refunded
   47  to  the  CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
   48  and LTHHCPs shall submit data for the  period  August  1,  1996  through
   49  March 31, 1997 to the commissioner of health by April 15, 1997.
   50    11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
   51  required for purposes of this section:
   52    (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
   53  caid revenue percentage between  the  applicable  base  period  and  the
   54  applicable  target  period  for purposes of the calculations pursuant to
   55  this section; and
       S. 4207                            53
    1    (b) the commissioner of health shall reduce the current rate  paid  to
    2  such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
    3  article 36 of the public health law by one percent for a  period  begin-
    4  ning on the first day of the calendar month following the applicable due
    5  date  as  established by the commissioner of health and continuing until
    6  the last day of the calendar month in which the required data and infor-
    7  mation are submitted.
    8    12. The commissioner of health shall inform in writing the director of
    9  the budget and the chair of the senate finance committee and  the  chair
   10  of  the  assembly  ways and means committee of the results of the calcu-
   11  lations pursuant to this section.
   12    S 11. Subdivision 5-a of section 246 of chapter  81  of  the  laws  of
   13  1995,  amending the public health law and other laws relating to medical
   14  reimbursement and welfare reform, as amended by section 15 of part B  of
   15  chapter 56 of the laws of 2013, is amended to read as follows:
   16    5-a.  Section sixty-four-a of this act shall be deemed to have been in
   17  full force and effect on and after April 1, 1995 through March 31,  1999
   18  and  on  and  after July 1, 1999 through March 31, 2000 and on and after
   19  April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
   20  through March 31, 2007, and on and after April 1, 2007 through March 31,
   21  2009,  and on and after April 1, 2009 through March 31, 2011, and on and
   22  after April 1, 2011 through March 31, 2013, and on and  after  April  1,
   23  2013  through  March  31,  2015,  AND ON AND AFTER APRIL 1, 2015 THROUGH
   24  MARCH 31, 2017;
   25    S 12. Section 64-b of chapter 81 of the laws  of  1995,  amending  the
   26  public  health  law and other laws relating to medical reimbursement and
   27  welfare reform, as amended by section 16 of part B of chapter 56 of  the
   28  laws of 2013, is amended to read as follows:
   29    S  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
   30  provisions of subdivision 7 of section 3614 of the public health law, as
   31  amended, shall remain and be in full force and effect on April  1,  1995
   32  through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
   33  and after April 1, 2000 through March 31, 2003 and on and after April 1,
   34  2003  through  March  31,  2007,  and on and after April 1, 2007 through
   35  March 31, 2009, and on and after April 1, 2009 through March  31,  2011,
   36  and  on and after April 1, 2011 through March 31, 2013, and on and after
   37  April 1, 2013 through March 31, 2015, AND ON AND  AFTER  APRIL  1,  2015
   38  THROUGH MARCH 31, 2017.
   39    S  13. Subdivision 1 of section 20 of chapter 451 of the laws of 2007,
   40  amending the public health law, the social services law and  the  insur-
   41  ance   law,   relating  to  providing  enhanced  consumer  and  provider
   42  protections, as amended by section 17 of part B of  chapter  56  of  the
   43  laws of 2013, is amended to read as follows:
   44    1.  sections  four, eleven and thirteen  of this act shall take effect
   45  immediately and shall expire and be  deemed  repealed  June  30,  [2015]
   46  2017;
   47    S  14. The opening paragraph of subdivision 7-a of section 3614 of the
   48  public health law, as amended by section 18 of part B of chapter  56  of
   49  the laws of 2013, is amended to read as follows:
   50    Notwithstanding  any  inconsistent provision of law or regulation, for
   51  the purposes of establishing rates of payment by  governmental  agencies
   52  for  long term home health care programs for the period April first, two
   53  thousand five, through December thirty-first, two thousand five, and for
   54  the period January first, two thousand six through  March  thirty-first,
   55  two  thousand  seven,  and  on and after April first, two thousand seven
   56  through March thirty-first, two thousand nine, and on  and  after  April
       S. 4207                            54
    1  first,  two thousand nine through March thirty-first, two thousand elev-
    2  en, and on and after April first,  two  thousand  eleven  through  March
    3  thirty-first,  two  thousand  thirteen and on and after April first, two
    4  thousand  thirteen through March thirty-first, two thousand fifteen, AND
    5  ON AND AFTER APRIL 1ST, TWO THOUSAND FIFTEEN THROUGH MARCH THIRTY-FIRST,
    6  TWO THOUSAND SEVENTEEN the reimbursable  base  year  administrative  and
    7  general  costs  of a provider of services shall not exceed the statewide
    8  average of total reimbursable base year administrative and general costs
    9  of such providers of services.
   10    S 15. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
   11  amending the public health  law  and  other  laws  relating  to  medical
   12  reimbursement  and welfare reform, as amended by section 21 of part B of
   13  chapter 56 of the laws of 2013, is amended to read as follows:
   14    12. Sections one hundred five-b through one hundred five-f of this act
   15  shall expire March 31, [2015] 2017.
   16    S 16. Section 3 of chapter 303 of the laws of 1999, amending  the  New
   17  York  state  medical  care  facilities  finance  agency  act relating to
   18  financing health facilities, as amended by section 30 of part A of chap-
   19  ter 59 of the laws of 2011, is amended to read as follows:
   20    S 3. This act shall take effect immediately, provided,  however,  that
   21  subdivision 15-a of section 5 of section 1 of chapter 392 of the laws of
   22  1973,  as  added  by section one of this act, shall expire and be deemed
   23  repealed June 30, [2015] 2019; and provided further, however,  that  the
   24  expiration  and  repeal  of  such  subdivision  15-a shall not affect or
   25  impair in any manner any health facilities bonds issued, or any lease or
   26  purchase of a health facility executed,  pursuant  to  such  subdivision
   27  15-a  prior  to  its expiration and repeal and that, with respect to any
   28  such bonds issued and outstanding  as  of  June  30,  [2015]  2019,  the
   29  provisions of such subdivision 15-a as they existed immediately prior to
   30  such  expiration  and  repeal shall continue to apply through the latest
   31  maturity date of any such bonds, or their earlier retirement or  redemp-
   32  tion,  for  the  sole  purpose  of authorizing the issuance of refunding
   33  bonds to refund bonds previously issued pursuant thereto.
   34    S 17. Subdivision (c) of section 62 of chapter  165  of  the  laws  of
   35  1991,  amending  the public health law and other laws relating to estab-
   36  lishing payments for medical assistance, as amended  by  section  26  of
   37  part D of chapter 59 of the laws of 2011, is amended to read as follows:
   38    (c)  section  364-j  of the social services law, as amended by section
   39  eight of this act and subdivision 6  of  section  367-a  of  the  social
   40  services  law as added by section twelve of this act shall expire and be
   41  deemed repealed on March 31, [2015] 2019 and provided further, that  the
   42  amendments to the provisions of section 364-j of the social services law
   43  made  by  section  eight  of  this  act shall only apply to managed care
   44  programs approved on or after the effective date of this act;
   45    S 18. Subdivision 3 of section 1680-j of the public  authorities  law,
   46  as  amended by section 9 of part C of chapter 59 of the laws of 2011, is
   47  amended to read as follows:
   48    3. Notwithstanding any law to the contrary,  and  in  accordance  with
   49  section four of the state finance law, the comptroller is hereby author-
   50  ized  and  directed  to  transfer from the health care reform act (HCRA)
   51  resources fund (061) to the general fund, upon the request of the direc-
   52  tor of the budget, up to $6,500,000 on or before March 31, 2006, and the
   53  comptroller is further hereby authorized and directed to  transfer  from
   54  the  healthcare  reform  act (HCRA); Resources fund (061) to the Capital
   55  Projects Fund, upon the  request  of  the  director  of  budget,  up  to
   56  $139,000,000  for the period April 1, 2006 through March 31, 2007, up to
       S. 4207                            55
    1  $171,100,000 for the period April 1, 2007 through March 31, 2008, up  to
    2  $208,100,000  for the period April 1, 2008 through March 31, 2009, up to
    3  $151,600,000 for the period April 1, 2009 through March 31, 2010, up  to
    4  $215,743,000  for the period April 1, 2010 through March 31, 2011, up to
    5  $433,366,000 for the period April 1, 2011 through March 31, 2012, up  to
    6  $150,806,000  for the period April 1, 2012 through March 31, 2013, up to
    7  $78,071,000 for the period April 1, 2013 through March 31, 2014, and  up
    8  to  $86,005,000 for the period April 1, 2014 through March 31, 2015, AND
    9  UP TO $86,005,000 FOR THE PERIOD APRIL  1,  2015  THROUGH  DECEMBER  31,
   10  2017.
   11    S  19.  Subdivision  (i) of section 111 of part H of chapter 59 of the
   12  laws of 2011, relating to enacting into law major components  of  legis-
   13  lation  necessary  to implement the health and mental hygiene budget for
   14  the 2011-2012 state fiscal plan, is amended to read as follows:
   15    (i) the amendments to paragraph (b) and subparagraph (i) of  paragraph
   16  (g)  of subdivision 7 of section 4403-f of the public health law made by
   17  section forty-one-b of this act shall expire and be  repealed  April  1,
   18  [2015] 2019;
   19    S  20.  Section  97  of  chapter 659 of the laws of 1997, amending the
   20  public health law and other laws relating to creation of continuing care
   21  retirement communities, as amended by section 65-b of part A of  chapter
   22  57 of the laws of 2006, is amended to read as follows:
   23    S  97. This act shall take effect immediately, provided, however, that
   24  the amendments to subdivision 4 of section 854 of the general  municipal
   25  law  made by section seventy of this act shall not affect the expiration
   26  of such subdivision and shall be deemed to expire therewith and provided
   27  further that sections sixty-seven and  sixty-eight  of  this  act  shall
   28  apply  to  taxable  years  beginning  on  or  after  January 1, 1998 and
   29  provided further that sections eighty-one through eighty-seven  of  this
   30  act  shall expire and be deemed repealed on December 31, [2015] 2019 and
   31  provided further, however, that the amendments to section ninety of this
   32  act shall take effect January 1, 1998 and shall apply to  all  policies,
   33  contracts,  certificates,  riders or other evidences of coverage of long
   34  term care insurance issued, renewed, altered  or  modified  pursuant  to
   35  section 3229 of the insurance law on or after such date.
   36    S  21.   Paragraph (b) of subdivision 17 of section 2808 of the public
   37  health law, as amended by section 98 of part H of chapter 59 of the laws
   38  of 2011, is amended to read as follows:
   39    (b) Notwithstanding any inconsistent provision of law or regulation to
   40  the contrary, for the state fiscal [year] YEARS beginning  April  first,
   41  two  thousand  ten and ending March thirty-first, two thousand [fifteen]
   42  NINETEEN, the commissioner shall not be  required  to  revise  certified
   43  rates  of  payment established pursuant to this article for rate periods
   44  prior to April first, two thousand [fifteen] NINETEEN, based on  consid-
   45  eration  of  rate appeals filed by residential health care facilities or
   46  based upon adjustments to capital cost  reimbursement  as  a  result  of
   47  approval  by  the  commissioner of an application for construction under
   48  section twenty-eight hundred two of this article, in excess of an aggre-
   49  gate annual amount of eighty million dollars for each such state  fiscal
   50  year  provided,  however,  that for the period April first, two thousand
   51  eleven through March thirty-first, two thousand  twelve  such  aggregate
   52  annual  amount  shall  be  fifty million dollars. In revising such rates
   53  within such fiscal limit, the commissioner shall, in  prioritizing  such
   54  rate appeals, include consideration of which facilities the commissioner
   55  determines  are  facing  significant  financial hardship as well as such
   56  other considerations as the commissioner deems appropriate and, further,
       S. 4207                            56
    1  the commissioner is authorized to enter into agreements with such facil-
    2  ities or any other facility to resolve  multiple  pending  rate  appeals
    3  based  upon a negotiated aggregate amount and may offset such negotiated
    4  aggregate  amounts  against  any  amounts  owed  by  the facility to the
    5  department, including, but not limited  to,  amounts  owed  pursuant  to
    6  section twenty-eight hundred seven-d of this article; provided, however,
    7  that the commissioner's authority to negotiate such agreements resolving
    8  multiple  pending  rate appeals as hereinbefore described shall continue
    9  on and after April first, two thousand [fifteen] NINETEEN.  Rate adjust-
   10  ments made pursuant to this paragraph remain fully subject  to  approval
   11  by  the  director  of  the  budget  in accordance with the provisions of
   12  subdivision two of section twenty-eight hundred seven of this article.
   13    S 22.  Paragraph (a) of subdivision 13 of section 3614 of  the  public
   14  health law, as added by section 4 of part H of chapter 59 of the laws of
   15  2011, is amended to read as follows:
   16    (a)  Notwithstanding  any  inconsistent provision of law or regulation
   17  and subject to the  availability  of  federal  financial  participation,
   18  effective  April  first, two thousand twelve through March thirty-first,
   19  two thousand [fifteen] NINETEEN, payments  by  government  agencies  for
   20  services  provided  by  certified  home health agencies, except for such
   21  services provided to children under eighteen  years  of  age  and  other
   22  discreet  groups  as  may  be determined by the commissioner pursuant to
   23  regulations, shall be based on episodic payments. In  establishing  such
   24  payments, a statewide base price shall be established for each sixty day
   25  episode  of  care  and  adjusted  by a regional wage index factor and an
   26  individual patient case mix index. Such episodic payments may be further
   27  adjusted for low utilization cases and to reflect a  percentage  limita-
   28  tion  of the cost for high-utilization cases that exceed outlier thresh-
   29  olds of such payments.
   30    S 23.  Subdivision (a) of section 40 of part B of chapter 109  of  the
   31  laws  of  2010, amending the social services law relating to transporta-
   32  tion costs, is amended to read as follows:
   33    (a) sections two, three, three-a, three-b, three-c,  three-d,  three-e
   34  and  twenty-one  of  this  act  shall take effect July 1, 2010; sections
   35  fifteen, sixteen, seventeen, eighteen and nineteen  of  this  act  shall
   36  take effect January 1, 2011; and provided further that section twenty of
   37  this  act  shall  be deemed repealed [four] SIX years after the date the
   38  contract entered into pursuant to section 365-h of the  social  services
   39  law,  as  amended  by  section twenty of this act, is executed; provided
   40  that the commissioner of health shall notify the legislative bill draft-
   41  ing commission upon the execution of the contract entered into  pursuant
   42  to section 367-h of the social services law in order that the commission
   43  may  maintain an accurate and timely effective data base of the official
   44  text of the laws of the state of New York in furtherance of effectuating
   45  the provisions of section 44 of the legislative law and section 70-b  of
   46  the public officers law;
   47    S  24.   Subdivision 4 of section 365-h of the social services law, as
   48  added by section 20 of part B of chapter 109 of the  laws  of  2010,  is
   49  amended to read as follows:
   50    4.  The  commissioner of health is authorized to assume responsibility
   51  from a local social services official for the provision  and  reimburse-
   52  ment  of  transportation  costs  under this section. If the commissioner
   53  elects to assume such responsibility, the commissioner shall notify  the
   54  local  social  services official in writing as to the election, the date
   55  upon which the election shall be effective and such  information  as  to
   56  transition  of  responsibilities  as the commissioner deems prudent. The
       S. 4207                            57
    1  commissioner is authorized to contract with a transportation manager  or
    2  managers  to manage transportation services in any local social services
    3  district. Any transportation manager or managers selected by the commis-
    4  sioner to manage transportation services shall have proven experience in
    5  coordinating  transportation  services  in  a geographic and demographic
    6  area similar to the area in New York state within which  the  contractor
    7  would  manage  the  provision  of  services  under  this section. Such a
    8  contract or contracts may include responsibility for:  review,  approval
    9  and  processing  of transportation orders; management of the appropriate
   10  level of transportation based on documented patient  medical  need;  and
   11  development  of  new  technologies  leading  to efficient transportation
   12  services. If the commissioner elects to assume such responsibility  from
   13  a local social services district, the commissioner shall examine and, if
   14  appropriate,  adopt quality assurance measures that may include, but are
   15  not limited to, global positioning tracking  system  reporting  require-
   16  ments  and  service  verification  mechanisms. Any and all reimbursement
   17  rates developed by transportation managers under this subdivision  shall
   18  be  subject  to  the  review and approval of the commissioner. [Notwith-
   19  standing any inconsistent provision of sections one hundred  twelve  and
   20  one hundred sixty-three of the state finance law, or section one hundred
   21  forty-two of the economic development law, or any other law, the commis-
   22  sioner  is  authorized  to enter into a contract or contracts under this
   23  subdivision without a competitive bid or request for  proposal  process,
   24  provided, however, that:
   25    (a)  the department shall post on its website, for a period of no less
   26  than thirty days:
   27    (i) a description of the proposed services to be provided pursuant  to
   28  the contract or contracts;
   29    (ii) the criteria for selection of a contractor or contractors;
   30    (iii)  the  period  of  time during which a prospective contractor may
   31  seek selection, which shall be no  less  than  thirty  days  after  such
   32  information is first posted on the website; and
   33    (iv)  the  manner  by  which  a  prospective  contractor may seek such
   34  selection, which may include submission by electronic means;
   35    (b) all reasonable and responsive submissions that are  received  from
   36  prospective  contractors  in  timely  fashion  shall  be reviewed by the
   37  commissioner; and
   38    (c) the commissioner shall select such contractor or contractors that,
   39  in his or her discretion, are best suited to serve the purposes of  this
   40  section.]
   41    S 25. Intentionally omitted.
   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. 4207                            58
    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 amended to
    5  read as follows:
    6    (o)  sections thirty-eight and thirty-eight-a of this act shall expire
    7  and be deemed repealed March 31, [2015] 2017;
    8    S 29. Section 4-a of part A of chapter 56 of the laws of 2013 amending
    9  chapter 59 of the laws of 2011 amending the public health law and  other
   10  laws  relating to general hospital reimbursement for annual rates relat-
   11  ing to the cap on local Medicaid expenditures, is  amended  to  read  as
   12  follows:
   13    S  4-a.  Notwithstanding  paragraph  (c)  of subdivision 10 of section
   14  2807-c of the public health law, section 21 of chapter 1 of the laws  of
   15  1999,  or  any  other contrary provision of law, in determining rates of
   16  payments by state governmental agencies effective for services  provided
   17  on  and  after January 1, [2015] 2017 through March 31, [2015] 2017, for
   18  inpatient and outpatient services provided  by  general  hospitals,  for
   19  inpatient  services  and  adult  day  health  care  outpatient  services
   20  provided by residential health care facilities pursuant to article 28 of
   21  the public health law, except for residential health care facilities  or
   22  units  of such facilities providing services primarily to children under
   23  twenty-one years of age, for home health care services provided pursuant
   24  to article 36 of the public health law by certified  home  health  agen-
   25  cies,  long  term home health care programs and AIDS home care programs,
   26  and for personal care services provided pursuant to section 365-a of the
   27  social services law, the commissioner of health shall apply  no  greater
   28  than zero trend factors attributable to the [2015] 2017 calendar year in
   29  accordance with paragraph (c) of subdivision 10 of section 2807-c of the
   30  public  health  law,  provided,  however, that such no greater than zero
   31  trend factors attributable to such [2015] 2017 calendar year shall  also
   32  be  applied  to rates of payment provided on and after January 1, [2015]
   33  2017 through March 31, [2015] 2017 for personal care  services  provided
   34  in those local social services districts, including New York city, whose
   35  rates  of payment for such services are established by such local social
   36  services districts pursuant to a rate-setting exemption  issued  by  the
   37  commissioner  of  health  to  such  local  social  services districts in
   38  accordance with applicable regulations, and provided  further,  however,
   39  that  for rates of payment for assisted living program services provided
   40  on and after January 1, [2015] 2017 through March 31, [2015] 2017,  such
   41  trend  factors  attributable  to  the [2015] 2017 calendar year shall be
   42  established at no greater than zero percent.
   43    S 30. Section 1325 of the insurance law, as added by  chapter  489  of
   44  the laws of 2012, is amended to read as follows:
   45    S  1325.  Exemption.  For  the purposes of exempting certain insurance
   46  companies from the provisions of  section  one  thousand  three  hundred
   47  twenty-four  of  this  article, the superintendent shall exempt, through
   48  December thirty-first, two thousand [sixteen] NINETEEN, those stock  and
   49  non-stock insurance companies to which subparagraph (B) of paragraph two
   50  of subsection (b) of such section applies.
   51    S  31. Subsection (c) of section 2343 of the insurance law, as amended
   52  by chapter 489 of the laws of 2012, is amended to read as follows:
   53    (c) Notwithstanding any other provision of this chapter,  no  applica-
   54  tion for an order of rehabilitation or liquidation of a domestic insurer
   55  whose  primary liability arises from the business of medical malpractice
   56  insurance, as that term is defined in subsection  (b)  of  section  five
       S. 4207                            59
    1  thousand  five hundred one of this chapter, shall be made on the grounds
    2  specified in subsection (a)  or  (c)  of  section  seven  thousand  four
    3  hundred  two of this chapter at any time prior to December thirty-first,
    4  two thousand [sixteen] NINETEEN.
    5    S 32. Section 32 of part A of chapter 58 of the laws of 2008, amending
    6  the  elder law and other laws relating to reimbursement to participating
    7  provider pharmacies  and  prescription  drug  coverage,  as  amended  by
    8  section  37  of  part A of chapter 60 of the laws of 2014, is amended to
    9  read as follows:
   10    S 32. This act shall take effect immediately and shall  be  deemed  to
   11  have  been in full force and effect on and after April 1, 2008; provided
   12  however, that sections one, six-a, nineteen,  twenty,  twenty-four,  and
   13  twenty-five of this act shall take effect July 1, 2008; provided however
   14  that  sections  sixteen, seventeen and eighteen of this act shall expire
   15  April 1, 2017; provided, however, that the amendments  made  by  section
   16  twenty-eight of this act shall take effect on the same date as section 1
   17  of  chapter 281 of the laws of 2007 takes effect; provided further, that
   18  sections twenty-nine, thirty, and thirty-one  of  this  act  shall  take
   19  effect  October  1, 2008; provided further, that section twenty-seven of
   20  this act shall take effect January 1, 2009; and provided  further,  that
   21  section  twenty-seven  of  this  act shall expire and be deemed repealed
   22  March 31, [2015] 2017; and provided, further, however, that  the  amend-
   23  ments  to  subdivision  1  of  section  241 of the education law made by
   24  section twenty-nine of this act shall not affect the expiration of  such
   25  subdivision  and  shall  be deemed to expire therewith and provided that
   26  the amendments to section 272 of the public health law made  by  section
   27  thirty of this act shall not affect the repeal of such section and shall
   28  be deemed repealed therewith.
   29    S 33. Notwithstanding any inconsistent provision of law, rule or regu-
   30  lation, for purposes of implementing the provisions of the public health
   31  law and the social services law, references to titles XIX and XXI of the
   32  federal  social  security  act  in  the public health law and the social
   33  services law shall be deemed to include and also to mean  any  successor
   34  titles thereto under the federal social security act.
   35    S 34. Notwithstanding any inconsistent provision of law, rule or regu-
   36  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   37  the  public health law, section 18 of chapter 2 of the laws of 1988, and
   38  18 NYCRR 505.14(h), as they relate to time frames for  notice,  approval
   39  or  certification  of rates of payment, are hereby suspended and without
   40  force or effect for purposes of implementing the provisions of this act.
   41    S 35. Severability clause. If any clause, sentence, paragraph,  subdi-
   42  vision,  section  or  part of this act shall be adjudged by any court of
   43  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   44  impair or invalidate the remainder thereof, but shall be confined in its
   45  operation  to  the  clause, sentence, paragraph, subdivision, section or
   46  part thereof directly involved in the controversy in which such judgment
   47  shall have been rendered. It is hereby declared to be the intent of  the
   48  legislature  that  this act would have been enacted even if such invalid
   49  provisions had not been included herein.
   50    S 36. This act shall take effect immediately and shall  be  deemed  to
   51  have  been in full force and effect on and after April 1, 2015 provided,
   52  that:
   53    1. section eighteen of this act shall take effect on the same date  as
   54  the  reversion of subdivision 3 of section 1680-j of the public authori-
   55  ties law as provided in subdivision (a) of section  70  of  part  HH  of
   56  chapter 57 of the laws of 2013, as amended;
       S. 4207                            60
    1    2.  any  rules or regulations necessary to implement the provisions of
    2  this act may be promulgated and any procedures, forms,  or  instructions
    3  necessary  for such implementation may be adopted and issued on or after
    4  the date this act shall have become a law;
    5    3. this act shall not be construed to alter, change, affect, impair or
    6  defeat any rights, obligations, duties or interests accrued, incurred or
    7  conferred prior to the effective date of this act;
    8    4. the commissioner of health and the superintendent of the department
    9  of  financial  services  and  any appropriate council may take any steps
   10  necessary to implement this act prior to its effective date;
   11    5. the provisions of this act shall become  effective  notwithstanding
   12  the  failure  of the commissioner of health or the superintendent of the
   13  department of financial services or any council to  adopt  or  amend  or
   14  promulgate regulations implementing this act.
   15                                   PART E
   16    Section  1.    Subdivision  5-d of section 2807-k of the public health
   17  law, as added by section 1 of part C of chapter 56 of the laws of  2013,
   18  is amended to read as follows:
   19    5-d.  (a)  Notwithstanding any inconsistent provision of this section,
   20  section twenty-eight hundred  seven-w  of  this  article  or  any  other
   21  contrary  provision  of  law, and subject to the availability of federal
   22  financial participation, for periods on and  after  January  first,  two
   23  thousand thirteen, through December thirty-first, two thousand [fifteen]
   24  EIGHTEEN, all funds available for distribution pursuant to this section,
   25  except  for  funds distributed pursuant to subparagraph (v) of paragraph
   26  (b) of subdivision five-b of this section, and all funds  available  for
   27  distribution  pursuant  to  section twenty-eight hundred seven-w of this
   28  article, shall be reserved and set aside and distributed  in  accordance
   29  with the provisions of this subdivision.
   30    (b)  The commissioner shall promulgate regulations, and may promulgate
   31  emergency regulations, establishing methodologies for  the  distribution
   32  of  funds  as  described  in  paragraph (a) of this subdivision and such
   33  regulations shall include, but not be limited to, the following:
   34    (i) Such regulations shall  establish  methodologies  for  determining
   35  each  facility's  relative uncompensated care need amount based on unin-
   36  sured inpatient and outpatient units of service from the cost  reporting
   37  year  two years prior to the distribution year, multiplied by the appli-
   38  cable medicaid rates in effect January first of the  distribution  year,
   39  as summed and adjusted by a statewide cost adjustment factor and reduced
   40  by  the  sum  of  all  payment  amounts  collected  from  such uninsured
   41  patients, and as further adjusted  by  application  of  a  nominal  need
   42  computation  that shall take into account each facility's medicaid inpa-
   43  tient share.
   44    (ii) Annual distributions pursuant to such  regulations  for  the  two
   45  thousand thirteen through two thousand [fifteen] EIGHTEEN calendar years
   46  shall be in accord with the following:
   47    (A)  one  hundred  thirty-nine  million  four hundred thousand dollars
   48  shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
   49  payments to major public general hospitals; and
   50    (B) nine hundred ninety-four million nine hundred thousand dollars  as
   51  Medicaid  DSH  payments  to eligible general hospitals, other than major
   52  public general hospitals.
   53    (iii)(A) Such regulations shall establish  transition  adjustments  to
   54  the  distributions  made pursuant to clauses (A) and (B) of subparagraph
       S. 4207                            61
    1  (ii) of this paragraph such that no facility experiences a reduction  in
    2  indigent care pool payments pursuant to this subdivision that is greater
    3  than the percentages, as specified in clause (C) of this subparagraph as
    4  compared  to  the  average distribution that each such facility received
    5  for the three calendar years prior to two thousand thirteen pursuant  to
    6  this section and section twenty-eight hundred seven-w of this article.
    7    (B)  Such  regulations  shall  also establish adjustments limiting the
    8  increases in indigent  care  pool  payments  experienced  by  facilities
    9  pursuant to this subdivision by an amount that will be, as determined by
   10  the  commissioner  and  in conjunction with such other funding as may be
   11  available for this purpose, sufficient to ensure full  funding  for  the
   12  transition adjustment payments authorized by clause (A) of this subpara-
   13  graph.
   14    (C)  No  facility  shall  experience a reduction in indigent care pool
   15  payments pursuant to this subdivision that: for the calendar year begin-
   16  ning January first, two thousand thirteen, is greater than two and  one-
   17  half  percent;  for the calendar year beginning January first, two thou-
   18  sand fourteen, is greater than five percent; and, for the calendar  year
   19  beginning  on January first, two thousand fifteen, is greater than seven
   20  and one-half percent, AND FOR THE CALENDAR  YEAR  BEGINNING  ON  JANUARY
   21  FIRST,  TWO  THOUSAND  SIXTEEN, IS GREATER THAN TEN PERCENT; AND FOR THE
   22  CALENDAR YEAR BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  SEVENTEEN,  IS
   23  GREATER  THAN  TWELVE  AND  ONE-HALF  PERCENT; AND FOR THE CALENDAR YEAR
   24  BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,  IS  GREATER  THAN
   25  FIFTEEN PERCENT.
   26    (iv) Such regulations shall reserve one percent of the funds available
   27  for  distribution  in  the  two  thousand  fourteen  [and], two thousand
   28  fifteen AND TWO THOUSAND SIXTEEN calendar years pursuant to this  subdi-
   29  vision,  subdivision  fourteen-f of section twenty-eight hundred seven-c
   30  of this article, and sections two hundred eleven and two hundred  twelve
   31  of  chapter  four  hundred  seventy-four of the laws of nineteen hundred
   32  ninety-six, in a "financial assistance compliance pool" and shall estab-
   33  lish methodologies for the distribution of such pool funds to facilities
   34  based on their level of compliance, as determined by  the  commissioner,
   35  with the provisions of subdivision nine-a of this section.
   36    (c)  The  commissioner  shall  annually report to the governor and the
   37  legislature on the distribution of funds under this subdivision  includ-
   38  ing, but not limited to:
   39    (i) the impact on safety net providers, including community providers,
   40  rural general hospitals and major public general hospitals;
   41    (ii)  the  provision  of  indigent care by units of services and funds
   42  distributed by general hospitals; and
   43    (iii) the extent to which access to care has been enhanced.
   44    S 2. Intentionally omitted
   45    S 3. Notwithstanding any inconsistent provision of law, rule or  regu-
   46  lation, for purposes of implementing the provisions of the public health
   47  law and the social services law, references to titles XIX and XXI of the
   48  federal  social  security  act  in  the public health law and the social
   49  services law shall be deemed to include and also to mean  any  successor
   50  titles thereto under the federal social security act.
   51    S  4. Notwithstanding any inconsistent provision of law, rule or regu-
   52  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   53  the public health law, section 18 of chapter 2 of the laws of 1988,  and
   54  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
   55  or certification of rates of payment, are hereby suspended  and  without
   56  force or effect for purposes of implementing the provisions of this act.
       S. 4207                            62
    1    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
    2  sion,  section  or  part  of  this act shall be adjudged by any court of
    3  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    4  impair or invalidate the remainder thereof, but shall be confined in its
    5  operation  to  the  clause, sentence, paragraph, subdivision, section or
    6  part thereof directly involved in the controversy in which such judgment
    7  shall have been rendered. It is hereby declared to be the intent of  the
    8  legislature  that  this act would have been enacted even if such invalid
    9  provisions had not been included herein.
   10    S 6. This act shall take effect immediately and  shall  be  deemed  to
   11  have been in full force and effect on and after April 1, 2015; provided,
   12  that:
   13    a.  any  rules or regulations necessary to implement the provisions of
   14  this act may be promulgated and any procedures, forms,  or  instructions
   15  necessary  for such implementation may be adopted and issued on or after
   16  the date this act shall have become a law;
   17    b. this act shall not be construed to alter, change, affect, impair or
   18  defeat any rights, obligations, duties or interests accrued, incurred or
   19  conferred prior to the effective date of this act;
   20    c. the commissioner of health  and  the  superintendent  of  financial
   21  services  and  any  appropriate  council may take any steps necessary to
   22  implement this act prior to its effective date;
   23    d. the provisions of this act shall become  effective  notwithstanding
   24  the  failure  of  the  commissioner  of  health or the superintendent of
   25  financial services or any council to adopt or amend or promulgate  regu-
   26  lations implementing this act.
   27                                   PART F
   28                            Intentionally Omitted
   29                                   PART G
   30    Section 1. Intentionally Omitted
   31    S 2. Intentionally Omitted
   32    S 3. Intentionally Omitted
   33    S 4. Intentionally Omitted
   34    S 5. Intentionally Omitted
   35    S 6. Intentionally Omitted
   36    S  7.  Paragraph  1 of subsection (a) of section 3231 of the insurance
   37  law, as amended by section 69 of part D of chapter 56  of  the  laws  of
   38  2013, is amended to read as follows:
   39    (1)  No  individual health insurance policy and no group health insur-
   40  ance policy covering between one and fifty employees or members  of  the
   41  group, EXCEPT AS SET FORTH IN SUBSECTION (H) OF THIS SECTION, or between
   42  one  and  one  hundred  employees  or  members of the group for policies
   43  issued or renewed on or after January first, two thousand sixteen exclu-
   44  sive of spouses and dependents,  hereinafter  referred  to  as  a  small
   45  group,  providing  hospital  and/or medical benefits, including medicare
   46  supplemental insurance, shall be issued in this state unless such policy
   47  is community rated and, notwithstanding any other provisions of law, the
   48  underwriting of such policy involves no more than the  imposition  of  a
   49  pre-existing  condition  limitation if otherwise permitted by this arti-
   50  cle.
       S. 4207                            63
    1    S 8. Paragraph 1 of subsection (h) of section 3231  of  the  insurance
    2  law,  as added by chapter 501 of the laws of 1992, is amended to read as
    3  follows:
    4    (1)  Notwithstanding  any other provision of this chapter, no insurer,
    5  subsidiary of an insurer, or controlled  person  of  a  holding  company
    6  system may act as an administrator or claims paying agent, as opposed to
    7  an  insurer,  on  behalf of small groups which, if they purchased insur-
    8  ance, would be subject to this section. No  insurer,  subsidiary  of  an
    9  insurer,  or  controlled  person  of  a holding company may provide stop
   10  loss, catastrophic or reinsurance coverage to  small  groups  which,  if
   11  they purchased insurance, would be subject to this section. FOR PURPOSES
   12  OF  THIS  SUBSECTION,  "SMALL  GROUP"  SHALL  MEAN  A GROUP COMPRISED OF
   13  BETWEEN ONE AND FIFTY EMPLOYEES OR MEMBERS,  EXCLUSIVE  OF  SPOUSES  AND
   14  DEPENDENTS.
   15    S  9.  Paragraph  1 of subsection (a) of section 4317 of the insurance
   16  law, as amended by section 72 of part D of chapter 56  of  the  laws  of
   17  2013, is amended to read as follows:
   18    (1) No individual health insurance contract and no group health insur-
   19  ance contract covering between one and fifty employees or members of the
   20  group, EXCEPT AS SET FORTH IN SUBSECTION (E) OF THIS SECTION, or between
   21  one  and  one  hundred  employees  or  members of the group for policies
   22  issued or renewed on or after January first, two thousand sixteen exclu-
   23  sive of spouses and dependents, including contracts for which the premi-
   24  ums are paid by a remitting agent for a group, hereinafter  referred  to
   25  as  a small group, providing hospital and/or medical benefits, including
   26  Medicare supplemental insurance, shall be issued in  this  state  unless
   27  such   contract  is  community  rated  and,  notwithstanding  any  other
   28  provisions of law, the underwriting of such contract  involves  no  more
   29  than  the imposition of a pre-existing condition limitation if otherwise
   30  permitted by this article.
   31    S 10. Paragraph 1 of subsection (e) of section 4317 of  the  insurance
   32  law,  as  amended  by  section 72 of part D of chapter 56 of the laws of
   33  2013, is amended to read as follows:
   34    (1) Notwithstanding any other provision of this chapter,  no  insurer,
   35  subsidiary  of  an  insurer,  or  controlled person of a holding company
   36  system may act as an administrator or claims paying agent, as opposed to
   37  an insurer, on behalf of small groups which, if  they  purchased  insur-
   38  ance,  would  be  subject  to this section. No insurer, subsidiary of an
   39  insurer, or controlled person of a  holding  company  may  provide  stop
   40  loss,  catastrophic  or  reinsurance  coverage to small groups which, if
   41  they purchased insurance,  would  be  subject  to  this  section.    FOR
   42  PURPOSES  OF THIS SUBSECTION, "SMALL GROUP" SHALL MEAN A GROUP COMPRISED
   43  OF BETWEEN ONE AND FIFTY EMPLOYEES OR MEMBERS, EXCLUSIVE OF SPOUSES  AND
   44  DEPENDENTS.
   45    S 11. This act shall take effect immediately.
   46                                   PART H
   47    Section  1.  Section  2801-a  of  the  public health law is amended by
   48  adding a new subdivision 17 to read as follows:
   49    17. (A) DIAGNOSTIC OR TREATMENT CENTERS ESTABLISHED TO PROVIDE  HEALTH
   50  CARE SERVICES WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A
   51  PHARMACY  OR A STORE OPEN TO THE GENERAL PUBLIC, OR WITHIN SPACE USED BY
   52  AN EMPLOYER FOR PROVIDING HEALTH CARE SERVICES TO ITS EMPLOYEES, MAY  BE
   53  OPERATED  BY  LEGAL  ENTITIES  FORMED UNDER THE LAWS OF THE STATE OF NEW
   54  YORK: (I) WHOSE STOCKHOLDERS OR MEMBERS, AS APPLICABLE, ARE NOT  NATURAL
       S. 4207                            64
    1  PERSONS;  (II)  WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLICABLE,
    2  AND CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIREMENTS OF  THIS
    3  SECTION;  AND  (III) THAT DEMONSTRATE, TO THE SATISFACTION OF THE PUBLIC
    4  HEALTH  AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND EXPERTISE
    5  IN DELIVERING HIGH QUALITY HEALTH CARE  SERVICES.  SUCH  DIAGNOSTIC  AND
    6  TREATMENT  CENTERS  SHALL  BE  REFERRED  TO  IN THIS SECTION AS "LIMITED
    7  SERVICES CLINICS".
    8    (B) FOR PURPOSES OF PARAGRAPH (A)  OF  THIS  SUBDIVISION,  THE  PUBLIC
    9  HEALTH AND HEALTH PLANNING COUNCIL SHALL ADOPT AND AMEND RULES AND REGU-
   10  LATIONS,  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, TO
   11  ADDRESS ANY MATTER IT DEEMS PERTINENT TO THE  ESTABLISHMENT  OF  LIMITED
   12  SERVICES  CLINICS.  SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE
   13  LIMITED TO, PROVISIONS GOVERNING OR RELATING TO: (I) ANY DIRECT OR INDI-
   14  RECT CHANGES OR TRANSFERS OF OWNERSHIP INTERESTS  OR  VOTING  RIGHTS  IN
   15  SUCH  ENTITIES  OR  THEIR  STOCKHOLDERS  OR MEMBERS, AS APPLICABLE; (II)
   16  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL  APPROVAL  OF  ANY  CHANGE  IN
   17  CONTROLLING  INTERESTS,  PRINCIPAL  STOCKHOLDERS,  CONTROLLING  PERSONS,
   18  PARENT COMPANY OR SPONSORS; (III) OVERSIGHT  OF  THE  OPERATOR  AND  ITS
   19  SHAREHOLDERS  OR  MEMBERS,  AS APPLICABLE, INCLUDING LOCAL GOVERNANCE OF
   20  THE LIMITED SERVICES CLINICS; AND (IV) THE CHARACTER AND COMPETENCE  AND
   21  QUALIFICATIONS  OF,  AND CHANGES RELATING TO, THE DIRECTORS AND OFFICERS
   22  OF THE OPERATOR AND ITS  PRINCIPAL  STOCKHOLDERS,  CONTROLLING  PERSONS,
   23  PARENT COMPANY OR SPONSORS.
   24    (C) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT-
   25  ED  SERVICES  CLINICS:  (I)  PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS
   26  SECTION; (II) PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELAT-
   27  ING TO STOCKHOLDERS AND MEMBERS OTHER THAN  PRINCIPAL  STOCKHOLDERS  AND
   28  PRINCIPAL  MEMBERS;  (III)  PARAGRAPH  (C)  OF  SUBDIVISION FOUR OF THIS
   29  SECTION, RELATING TO THE DISPOSITION OF STOCK OR VOTING RIGHTS; AND (IV)
   30  PARAGRAPH (E) OF SUBDIVISION FOUR  OF  THIS  SECTION,  RELATING  TO  THE
   31  OWNERSHIP OF STOCK OR MEMBERSHIP.
   32    (D)  A  LIMITED  SERVICES  CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE
   33  PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF  THIS  CHAP-
   34  TER.  A  PRESCRIBER  PRACTICING IN A LIMITED SERVICE CLINIC SHALL NOT BE
   35  DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR
   36  PURPOSES OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF  THE
   37  EDUCATION LAW.
   38    (E) THE COMMISSIONER SHALL PROMULGATE REGULATIONS SETTING FORTH OPERA-
   39  TIONAL  AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS, WHICH
   40  MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC
   41  OR TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO:
   42    (I) REQUIRING  THAT  LIMITED  SERVICES  CLINICS  ATTAIN  AND  MAINTAIN
   43  ACCREDITATION  AND  REQUIRING  TIMELY  REPORTING  TO THE DEPARTMENT IF A
   44  LIMITED SERVICE CLINIC LOSES ITS ACCREDITATION;
   45    (II) DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT  MAY  BE
   46  PROVIDED, INCLUDING:
   47    (1)  PROHIBITING  THE  PROVISION  OF  SERVICES TO PATIENTS TWENTY-FOUR
   48  MONTHS OF AGE OR YOUNGER;
   49    (2) THE PROVISION OF SPECIFIC IMMUNIZATIONS TO PATIENTS  YOUNGER  THAN
   50  EIGHTEEN YEARS OF AGE;
   51    (III)  REQUIRING  LIMITED SERVICE CLINICS TO ACCEPT WALK-INS AND OFFER
   52  EXTENDED BUSINESS HOURS;
   53    (IV) SETTING FORTH GUIDELINES FOR ADVERTISING AND SIGNAGE,  DISCLOSURE
   54  OF  OWNERSHIP  INTERESTS, INFORMED CONSENT, RECORD KEEPING, REFERRAL FOR
   55  TREATMENT AND CONTINUITY OF CARE, CASE REPORTING TO THE PATIENT'S PRIMA-
   56  RY CARE OR OTHER HEALTH CARE PROVIDERS, DESIGN, CONSTRUCTION,  FIXTURES,
       S. 4207                            65
    1  AND   EQUIPMENT.  SIGNAGE  SHALL  ALSO  BE  REQUIRED  TO  INDICATE  THAT
    2  PRESCRIPTIONS AND  OVER-THE-COUNTER  SUPPLIES  MAY  BE  PURCHASED  BY  A
    3  PATIENT FROM ANY BUSINESS AND DO NOT NEED TO BE PURCHASED ON-SITE; AND
    4    (V)  REQUIRING  THE OPERATOR TO DIRECTLY EMPLOY A MEDICAL DIRECTOR WHO
    5  IS LICENSED AND CURRENTLY REGISTERED TO PRACTICE MEDICINE IN  THE  STATE
    6  OF NEW YORK.
    7    (F)  SUCH  REGULATIONS  ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE
    8  THROUGH: (I) THE INTEGRATION OF SERVICES PROVIDED  BY  LIMITED  SERVICES
    9  CLINICS  WITH  THE  SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE
   10  PROVIDERS; AND (II) THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH  CARE
   11  PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS.
   12    (G) A LIMITED SERVICES CLINIC SHALL PROVIDE TREATMENT WITHOUT DISCRIM-
   13  INATION  AS  TO RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, DISABILITY,
   14  SEXUAL ORIENTATION OR SOURCE OF PAYMENT.
   15    (H) NOTWITHSTANDING THIS SUBDIVISION AND ANY OTHER LAW  OR  REGULATION
   16  TO  THE  CONTRARY  AND SUBJECT TO THE PROVISIONS OF SECTION TWENTY-EIGHT
   17  HUNDRED TWO OF THIS ARTICLE, A DIAGNOSTIC AND TREATMENT CENTER, COMMUNI-
   18  TY HEALTH CENTER OR FEDERALLY QUALIFIED  HEALTH  CENTER  MAY  OPERATE  A
   19  LIMITED  SERVICES CLINIC WHICH MEETS THE REGULATION PROMULGATED PURSUANT
   20  TO PARAGRAPH (D) OF THIS SUBDIVISION REGARDING OPERATIONAL AND  PHYSICAL
   21  PLANT STANDARDS FOR LIMITED SERVICES CLINICS.
   22    S  1-a.  Section  2802 of the public health law is amended by adding a
   23  new subdivision 8 to read as follows:
   24    8. NOTWITHSTANDING ANY LAW, RULE OR  REGULATION  TO  THE  CONTRARY,  A
   25  GENERAL  HOSPITAL  ESTABLISHED  PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
   26  ONE-A OF THIS ARTICLE MAY SUBMIT AN APPLICATION PURSUANT TO THIS SECTION
   27  TO OPERATE A LIMITED SERVICES CLINIC THAT MEETS THE REGULATIONS  PROMUL-
   28  GATED  PURSUANT  TO  PARAGRAPH  (D)  OF SUBDIVISION SEVENTEEN OF SECTION
   29  TWENTY-EIGHT HUNDRED ONE-A OF THIS  ARTICLE  REGARDING  OPERATIONAL  AND
   30  PHYSICAL PLANT STANDARDS.
   31    S 2. Intentionally omitted.
   32    S 3.  Intentionally omitted.
   33    S 4.  Intentionally omitted.
   34    S 5.  Intentionally omitted.
   35    S 6. This act shall take effect immediately.
   36                                   PART I
   37    Intentionally omitted.
   38                                   PART J
   39                            Intentionally Omitted
   40                                   PART K
   41    Section  1.    Subdivisions  1,  2 and 3 of section 2802 of the public
   42  health law, subdivisions 1 and 2 as amended by section 58 of part  A  of
   43  chapter  58 of the laws of 2010, subdivision 3 as amended by chapter 609
   44  of the laws of 1982 and paragraph (e) of subdivision  3  as  amended  by
   45  chapter 731 of the laws of 1993, are amended to read as follows:
   46    1.  An  application  for  such  construction  shall  be filed with the
   47  department, together with such other forms and information as  shall  be
   48  prescribed  by, or acceptable to, the department. Thereafter the depart-
   49  ment shall forward a copy of the application and accompanying  documents
       S. 4207                            66
    1  to the public health and health planning council, and the health systems
    2  agency,  if  any, having geographical jurisdiction of the area where the
    3  hospital is located.
    4    2. The commissioner shall not act upon an application for construction
    5  of  a  hospital  until the public health and health planning council and
    6  the health systems agency have had a reasonable  time  to  submit  their
    7  recommendations, and unless (a) the applicant has obtained all approvals
    8  and  consents  required  by  law  for its incorporation or establishment
    9  (including the approval of the public health and health planning council
   10  pursuant to the provisions of this article) provided, however, that  the
   11  commissioner  may  act upon an application for construction by an appli-
   12  cant possessing a valid operating certificate when the application qual-
   13  ifies for review without the recommendation of the council  pursuant  to
   14  regulations adopted by the council and approved by the commissioner; and
   15  (b)  the  commissioner  is  satisfied  as  to  the  public  need for the
   16  construction,  at  the  time  and  place  and  under  the  circumstances
   17  proposed,  provided  however  that[,] in the case of an application by a
   18  hospital established or operated by an organization defined in  subdivi-
   19  sion  one  of  section  four hundred eighty-two-b of the social services
   20  law, the needs of the members of the religious  denomination  concerned,
   21  for  care  or  treatment  in  accordance with their religious or ethical
   22  convictions, shall be deemed to be public need[.]; AND FURTHER  PROVIDED
   23  THAT:  (I) AN APPLICATION BY A GENERAL HOSPITAL OR DIAGNOSTIC AND TREAT-
   24  MENT CENTER, ESTABLISHED UNDER THIS ARTICLE, TO CONSTRUCT A FACILITY  TO
   25  PROVIDE PRIMARY CARE SERVICES, AS DEFINED IN REGULATION, MAY BE APPROVED
   26  WITHOUT  REGARD  FOR  PUBLIC  NEED;  OR (II) AN APPLICATION BY A GENERAL
   27  HOSPITAL OR A DIAGNOSTIC AND TREATMENT CENTER,  ESTABLISHED  UNDER  THIS
   28  ARTICLE,  TO  UNDERTAKE  CONSTRUCTION  THAT DOES NOT INVOLVE A CHANGE IN
   29  CAPACITY, THE TYPES  OF  SERVICES  PROVIDED,  MAJOR  MEDICAL  EQUIPMENT,
   30  FACILITY  REPLACEMENT,  OR  THE  GEOGRAPHIC LOCATION OF SERVICES, MAY BE
   31  APPROVED WITHOUT REGARD FOR PUBLIC NEED.
   32    3. Subject to the provisions of paragraph (b) of  subdivision  two  OF
   33  THIS SECTION, the commissioner in approving the construction of a hospi-
   34  tal  shall  take into consideration and be empowered to request informa-
   35  tion and advice as to (a) the availability  of  facilities  or  services
   36  such  as  preadmission, ambulatory or home care services which may serve
   37  as alternatives or substitutes for the whole or any part of the proposed
   38  hospital construction;
   39    (b) the need for special equipment in view of existing utilization  of
   40  comparable  equipment  at the time and place and under the circumstances
   41  proposed;
   42    (c) the possible economies and improvements in service  to  be  antic-
   43  ipated  from  the operation of joint central services including, but not
   44  limited  to  laboratory,  research,  radiology,  pharmacy,  laundry  and
   45  purchasing;
   46    (d) the adequacy of financial resources and sources of future revenue,
   47  PROVIDED THAT THE COMMISSIONER MAY, BUT IS NOT REQUIRED TO, CONSIDER THE
   48  ADEQUACY  OF  FINANCIAL  RESOURCES  AND  SOURCES  OF  FUTURE  REVENUE IN
   49  RELATION TO APPLICATIONS UNDER SUBPARAGRAPHS (I) AND (II)  OF  PARAGRAPH
   50  (B) OF SUBDIVISION TWO OF THIS SECTION; and
   51    (e)  whether  the facility is currently in substantial compliance with
   52  all applicable codes, rules and regulations, provided, however, that the
   53  commissioner shall not disapprove an application  solely  on  the  basis
   54  that  the  facility  is  not currently in substantial compliance, if the
   55  application is specifically:
   56    (i) to correct life safety code or patient care deficiencies;
       S. 4207                            67
    1    (ii) to correct deficiencies which are necessary to protect the  life,
    2  health, safety and welfare of facility patients, residents or staff;
    3    (iii)  for replacement of equipment that no longer meets the generally
    4  accepted operational standards existing for such equipment at  the  time
    5  it was acquired; and
    6    (iv) for decertification of beds and services.
    7    S  2.  Subdivisions  1, 2 and 3 of section 2807-z of the public health
    8  law, as amended by chapter 400 of the laws of 2012, are amended to  read
    9  as follows:
   10    1. Notwithstanding any provision of this chapter or regulations or any
   11  other  state  law  or  regulation,  for  any eligible capital project as
   12  defined in subdivision six of this section, the  department  shall  have
   13  thirty   days   [of]  AFTER  receipt  of  the  certificate  of  need  OR
   14  CONSTRUCTION application, PURSUANT TO SECTION TWENTY-EIGHT  HUNDRED  TWO
   15  OF  THIS  ARTICLE,  for  a limited or administrative review to deem such
   16  application complete. If the department determines  the  application  is
   17  incomplete  or  that  more information is required, the department shall
   18  notify the applicant in writing within thirty days of the  date  of  the
   19  application's  submission,  and the applicant shall have twenty business
   20  days to provide additional information or otherwise  correct  the  defi-
   21  ciency in the application.
   22    2.  For an eligible capital project requiring a limited or administra-
   23  tive review, within ninety days of the department deeming  the  applica-
   24  tion complete, the department shall make a decision to approve or disap-
   25  prove  the  certificate  of  need  OR  CONSTRUCTION application for such
   26  project. If the department determines to  disapprove  the  project,  the
   27  basis for such disapproval shall be provided in writing; however, disap-
   28  proval  shall  not be based on the incompleteness of the application. If
   29  the department fails to take action to approve or disapprove the  appli-
   30  cation  within  ninety days of the certificate of need application being
   31  deemed complete, the application will be deemed approved.
   32    3. For an eligible capital project requiring full review by the  coun-
   33  cil, the certificate of need OR CONSTRUCTION application shall be placed
   34  on the next council agenda following the department deeming the applica-
   35  tion complete.
   36    S  3.  Section  2801-a of the public health law is amended by adding a
   37  new subdivision 3-b to read as follows:
   38    3-B. NOTWITHSTANDING ANY OTHER  PROVISIONS  OF  THIS  CHAPTER  TO  THE
   39  CONTRARY,  THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY APPROVE THE
   40  ESTABLISHMENT OF DIAGNOSTIC OR TREATMENT CENTERS TO BE ISSUED  OPERATING
   41  CERTIFICATES  FOR  THE  PURPOSE OF PROVIDING PRIMARY CARE, AS DEFINED BY
   42  THE COMMISSIONER IN REGULATIONS, WITHOUT REGARD TO THE  REQUIREMENTS  OF
   43  PUBLIC NEED AND FINANCIAL RESOURCES AS SET FORTH IN SUBDIVISION THREE OF
   44  THIS SECTION.
   45    S  4.  Subdivision  3  of  section 2801-a of the public health law, as
   46  amended by section 57 of part A of chapter 58 of the laws  of  2010,  is
   47  amended to read as follows:
   48    3.  The  public health and health planning council shall not approve a
   49  certificate of incorporation, articles of  organization  or  application
   50  for  establishment  unless it is satisfied, insofar as applicable, as to
   51  (a) the public need for the existence of the institution at the time and
   52  place and under the circumstances proposed, provided, however,  that  in
   53  the  case of an institution proposed to be established or operated by an
   54  organization defined in subdivision one of section one hundred  seventy-
   55  two-a  of  the  executive law, the needs of the members of the religious
   56  denomination concerned, for care or treatment in accordance  with  their
       S. 4207                            68
    1  religious or ethical convictions, shall be deemed to be public need; (b)
    2  the  character,  competence,  and  standing  in  the  community,  of the
    3  proposed incorporators, directors, sponsors, MEMBERS, PRINCIPAL MEMBERS,
    4  stockholders,   [members]  PRINCIPAL  STOCKHOLDERS  or  operators;  with
    5  respect to any proposed incorporator, director, sponsor, MEMBER, PRINCI-
    6  PAL MEMBER, stockholder, [member] PRINCIPAL STOCKHOLDER or operator  who
    7  is already or within the past [ten] FIVE years has been an incorporator,
    8  director,  sponsor,  member, principal stockholder, principal member, or
    9  operator of any hospital, private proprietary home for adults, residence
   10  for adults, or non-profit home for the aged  or  blind  which  has  been
   11  issued  an  operating  certificate  by  the  state  department of social
   12  services, or a halfway house, hostel or other  residential  facility  or
   13  institution  for the care, custody or treatment of the mentally disabled
   14  which is subject to approval by the department  of  mental  hygiene,  no
   15  approval  shall  be granted unless the public health and health planning
   16  council, having afforded an adequate opportunity to  members  of  health
   17  systems  agencies,  if any, having geographical jurisdiction of the area
   18  where the institution is to be located to be heard, shall  affirmatively
   19  find  by  substantial  evidence  as to each such incorporator, director,
   20  sponsor, MEMBER, PRINCIPAL MEMBER,  principal  stockholder  or  operator
   21  that a substantially consistent high level of care is being or was being
   22  rendered  in each such hospital, home, residence, halfway house, hostel,
   23  or other residential facility or institution with which such  person  is
   24  or was affiliated; for the purposes of this paragraph, the public health
   25  and  health  planning council shall adopt rules and regulations, subject
   26  to the approval of the commissioner, to establish  the  criteria  to  be
   27  used  to determine whether a substantially consistent high level of care
   28  has been rendered, provided, however, that there shall not be a  finding
   29  that  a  substantially  consistent  high level of care has been rendered
   30  where there have been violations of the state hospital  code,  or  other
   31  applicable rules and regulations, that (i) threatened to directly affect
   32  the  health, safety or welfare of any patient or resident, and (ii) were
   33  recurrent or were not promptly corrected, UNLESS THE PROPOSED INCORPORA-
   34  TOR, DIRECTOR, SPONSOR, MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL
   35  STOCKHOLDER, OR OPERATOR DEMONSTRATES, AND THE PUBLIC HEALTH AND  HEALTH
   36  PLANNING  COUNCIL FINDS, THAT THE VIOLATIONS CANNOT BE ATTRIBUTED TO THE
   37  ACTION OR INACTION OF SUCH  PROPOSED  INCORPORATOR,  DIRECTOR,  SPONSOR,
   38  MEMBER,  PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL STOCKHOLDER, OR OPERA-
   39  TOR DUE TO THE TIMING, EXTENT OR MANNER  OF  THE  AFFILIATION;  (c)  the
   40  financial  resources  of  the  proposed  institution  and its sources of
   41  future revenues; and (d) such other matters as it shall deem pertinent.
   42    S 5. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of  the
   43  public  health  law, as amended by section 57 of part A of chapter 58 of
   44  the laws of 2010, are amended to read as follows:
   45    (b) [(i)] Any transfer, assignment or other disposition of ten percent
   46  or more of [an] DIRECT OR INDIRECT interest or voting rights in [a part-
   47  nership or limited liability company, which is the]  AN  operator  of  a
   48  hospital  to  a  new  STOCKHOLDER,  partner  or member, OR ANY TRANSFER,
   49  ASSIGNMENT OR OTHER DISPOSITION OF A  DIRECT  OR  INDIRECT  INTEREST  OR
   50  VOTING  RIGHTS  OF  SUCH  AN  OPERATOR WHICH RESULTS IN THE OWNERSHIP OR
   51  CONTROL OF MORE THAN TEN PERCENT OF THE INTEREST  OR  VOTING  RIGHTS  OF
   52  SUCH OPERATOR BY ANY PERSON NOT PREVIOUSLY APPROVED BY THE PUBLIC HEALTH
   53  AND HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR shall
   54  be approved by the public health and health planning council, in accord-
   55  ance  with the provisions of subdivisions two and three of this section,
   56  except that: (A) any such change shall be subject to the approval by the
       S. 4207                            69
    1  public health and health planning council in accordance  with  paragraph
    2  (b)  of  subdivision  three of this section only with respect to the new
    3  STOCKHOLDER, partner or member, and any remaining STOCKHOLDERS, partners
    4  or  members  who  have not been previously approved for that facility in
    5  accordance with such paragraph, and (B) such change shall not be subject
    6  to paragraph (a) of subdivision three of this section. IN THE ABSENCE OF
    7  SUCH APPROVAL, THE OPERATING  CERTIFICATE  OF  SUCH  HOSPITAL  SHALL  BE
    8  SUBJECT TO REVOCATION OR SUSPENSION.
    9    [(ii)]  (C) (I)  With respect to a transfer, assignment or disposition
   10  involving less than ten percent of [an] A DIRECT OR INDIRECT interest or
   11  voting rights in [such partnership  or  limited  liability  company]  AN
   12  OPERATOR OF A HOSPITAL to a new STOCKHOLDER, partner or member, no prior
   13  approval  of  the  public  health  and  health planning council shall be
   14  required EXCEPT WHERE REQUIRED BY PARAGRAPH  (B)  OF  THIS  SUBDIVISION.
   15  However,  no  such transaction shall be effective unless at least ninety
   16  days prior to the intended effective date thereof, the  [partnership  or
   17  limited  liability  company] OPERATOR fully completes and files with the
   18  public health and health planning council notice on a form, to be devel-
   19  oped by the public health  and  health  planning  council,  which  shall
   20  disclose  such information as may reasonably be necessary for the public
   21  health and health planning council to determine whether  it  should  bar
   22  the  transaction  for any of the reasons set forth in item (A), (B), (C)
   23  or (D) below. Within ninety days  from  the  date  of  receipt  of  such
   24  notice, the public health and health planning council may bar any trans-
   25  action under this subparagraph: (A) if the equity position of the [part-
   26  nership  or  limited liability company,] OPERATOR, determined in accord-
   27  ance with generally accepted accounting principles, would be reduced  as
   28  a  result  of the transfer, assignment or disposition; (B) if the trans-
   29  action would result in the ownership of a  [partnership  or  membership]
   30  DIRECT  OR  INDIRECT  interest  OR VOTING RIGHTS by any persons who have
   31  been convicted of a felony described  in  subdivision  five  of  section
   32  twenty-eight  hundred  six  of this article; (C) if there are reasonable
   33  grounds to believe that the proposed transaction does  not  satisfy  the
   34  character and competence criteria set forth in subdivision three of this
   35  section; or (D) UPON THE RECOMMENDATION OF THE DEPARTMENT, if the trans-
   36  action,  together  with all transactions under this subparagraph for the
   37  [partnership] OPERATOR, or successor, during any five year period would,
   38  in the aggregate, involve twenty-five percent or more of the interest in
   39  the [partnership] OPERATOR. The public health and health planning  coun-
   40  cil  shall state specific reasons for barring any transaction under this
   41  subparagraph and shall so notify each party to the proposed transaction.
   42    [(iii) With respect to a transfer, assignment  or  disposition  of  an
   43  interest  or  voting  rights  in  such  partnership or limited liability
   44  company to any remaining partner or member, which  transaction  involves
   45  the withdrawal of the transferor from the partnership or limited liabil-
   46  ity  company, no prior approval of the public health and health planning
   47  council shall be required. However, no such transaction shall be  effec-
   48  tive  unless  at  least ninety days prior to the intended effective date
   49  thereof, the partnership or limited liability  company  fully  completes
   50  and files with the public health and health planning council notice on a
   51  form,  to be developed by the public health and health planning council,
   52  which shall disclose such information as may reasonably be necessary for
   53  the public health and health planning council to  determine  whether  it
   54  should bar the transaction for the reason set forth below. Within ninety
   55  days  from  the  date  of  receipt of such notice, the public health and
   56  health planning council may bar any transaction under this  subparagraph
       S. 4207                            70
    1  if  the equity position of the partnership or limited liability company,
    2  determined in accordance with generally accepted accounting  principles,
    3  would be reduced as a result of the transfer, assignment or disposition.
    4  The  public  health  and  health  planning  council shall state specific
    5  reasons for barring any transaction under this subparagraph and shall so
    6  notify each party to the proposed transaction.
    7    (c) Any transfer, assignment or other disposition of  ten  percent  or
    8  more  of the stock or voting rights thereunder of a corporation which is
    9  the operator of a hospital or which is a member of a  limited  liability
   10  company which is the operator of a hospital to a new stockholder, or any
   11  transfer,  assignment or other disposition of the stock or voting rights
   12  thereunder of such a corporation  which  results  in  the  ownership  or
   13  control  of  more  than ten percent of the stock or voting rights there-
   14  under of such corporation by any person not previously approved  by  the
   15  public  health and health planning council, or its predecessor, for that
   16  corporation shall be subject to approval by the public health and health
   17  planning council, in accordance with the provisions of subdivisions  two
   18  and  three  of  this section and rules and regulations pursuant thereto;
   19  except that: any such transaction shall be subject to  the  approval  by
   20  the  public  health and health planning council in accordance with para-
   21  graph (b) of subdivision three of this section only with  respect  to  a
   22  new stockholder or a new principal stockholder; and shall not be subject
   23  to paragraph (a) of subdivision three of this section. In the absence of
   24  such  approval,  the  operating  certificate  of  such hospital shall be
   25  subject to revocation or suspension.]
   26    (II) No prior approval of the public health and health planning  coun-
   27  cil shall be required with respect to a transfer, assignment or disposi-
   28  tion of ten percent or more of [the stock] A DIRECT OR INDIRECT INTEREST
   29  or voting rights [thereunder of a corporation which is the] IN AN opera-
   30  tor  of  a hospital [or which is a member of a limited liability company
   31  which is the owner of a hospital] to any person previously  approved  by
   32  the  public  health and health planning council, or its predecessor, for
   33  that [corporation] OPERATOR.  However,  no  such  transaction  shall  be
   34  effective  unless  at  least ninety days prior to the intended effective
   35  date thereof, the [stockholder] OPERATOR FULLY completes and files  with
   36  the  public  health  and  health  planning council notice on forms to be
   37  developed by the public health and health planning council, which  shall
   38  disclose  such information as may reasonably be necessary for the public
   39  health and health planning council to determine whether  it  should  bar
   40  the  transaction.  Such  transaction  will  be  final as of the intended
   41  effective date unless, prior thereto, the public health and health plan-
   42  ning council shall state specific reasons for barring such  transactions
   43  under  this paragraph and shall notify each party to the proposed trans-
   44  action. Nothing in this paragraph shall be  construed  as  permitting  a
   45  person  not previously approved by the public health and health planning
   46  council for that [corporation] OPERATOR  to  become  the  owner  of  ten
   47  percent  or  more  of  the [stock of a corporation which is] INTEREST OR
   48  VOTING RIGHTS, DIRECTLY OR INDIRECTLY, IN the operator of a hospital [or
   49  which is a member of a limited liability company which is the owner of a
   50  hospital] without first obtaining the approval of the public health  and
   51  health planning council.
   52    S  6.  Subdivision  1  of  section 3611-a of the public health law, as
   53  amended by section 67 of part A of chapter 58 of the laws  of  2010,  is
   54  amended to read as follows:
   55    1. Any change in the person who, or any transfer, assignment, or other
   56  disposition  of  an interest or voting rights of ten percent or more, or
       S. 4207                            71
    1  any transfer, assignment or  other  disposition  which  results  in  the
    2  ownership  or  control of an interest or voting rights of ten percent or
    3  more, in a limited liability company or a partnership which is the oper-
    4  ator  of a licensed home care services agency or a certified home health
    5  agency shall be approved by the public health and health planning  coun-
    6  cil,  in  accordance  with the provisions of subdivision four of section
    7  thirty-six hundred five of this article relative to licensure or  subdi-
    8  vision two of section thirty-six hundred six of this article relative to
    9  certificate of approval, except that:
   10    (a)  Public  health  and  health  planning  council  approval shall be
   11  required only with respect to the person, or the member or partner  that
   12  is acquiring the interest or voting rights; and
   13    (b)  With respect to certified home health agencies, such change shall
   14  not be subject to the public need assessment described in paragraph  (a)
   15  of subdivision two of section thirty-six hundred six of this article.
   16    (c)  IN  THE  ABSENCE  OF SUCH APPROVAL, THE LICENSE OR CERTIFICATE OF
   17  APPROVAL SHALL BE SUBJECT TO REVOCATION OR SUSPENSION.
   18    (D) (I) No prior approval of the public  health  and  health  planning
   19  council  shall  be  required  with  respect to a transfer, assignment or
   20  disposition of:
   21    [(i)] (A) an interest  or  voting  rights  to  any  person  previously
   22  approved by the public health and health planning council, or its prede-
   23  cessor, for that operator; or
   24    [(ii)]  (B)  an  interest or voting rights of less than ten percent in
   25  the operator. [However, no]
   26    (II) NO such transaction UNDER  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH
   27  shall  be  effective  unless  at least ninety days prior to the intended
   28  effective date thereof, the [partner or member] OPERATOR  completes  and
   29  files with the public health and health planning council notice on forms
   30  to  be developed by the public health council, which shall disclose such
   31  information as may reasonably be necessary for  the  public  health  and
   32  health  planning  council  to determine whether it should bar the trans-
   33  action. Such transaction will be final as of the intended effective date
   34  unless, prior thereto, the public health  and  health  planning  council
   35  shall  state  specific  reasons for barring such transactions under this
   36  paragraph and shall notify each party to the proposed transaction.
   37    S 7. Subdivision 5 of section 2801 of the public health law, as  added
   38  by  chapter  795 of the laws of 1965 and as renumbered by chapter 653 of
   39  the laws of 1975, is amended to read as follows:
   40    5. "Construction"  means  the  erection,  building,  [or]  substantial
   41  [acquisition,  alteration,]  reconstruction,  [improvement, extension or
   42  modification] OR SUBSTANTIAL CHANGE IN CLINICAL SERVICES of a  hospital,
   43  including  [its equipment;] the inspection and supervision thereof[; and
   44  the studies, surveys, designs, plans, working drawings,  specifications,
   45  procedures and other actions necessary thereto].
   46    S  8.  Subdivisions  3  and 3-a of section 2801-a of the public health
   47  law, as amended by section 57 of part A of chapter 58  of  the  laws  of
   48  2010, are amended to read as follows:
   49    3.  The  public health and health planning council shall not approve a
   50  certificate of incorporation, articles of  organization  or  application
   51  for  establishment  unless it is satisfied, insofar as applicable, as to
   52  [(a) the public need for the existence of the institution  at  the  time
   53  and  place and under the circumstances proposed, provided, however, that
   54  in the case of an institution proposed to be established or operated  by
   55  an organization defined in subdivision one of section one hundred seven-
   56  ty-two-a of the executive law, the needs of the members of the religious
       S. 4207                            72
    1  denomination  concerned,  for care or treatment in accordance with their
    2  religious or ethical convictions, shall be deemed  to  be  public  need;
    3  (b)]  the  character,  competence, and standing in the community, of the
    4  proposed  incorporators,  directors,  sponsors, stockholders, members or
    5  operators; with respect to any proposed incorporator, director, sponsor,
    6  stockholder, member or operator who is already or within the past  [ten]
    7  FIVE  years has been an incorporator, director, sponsor, member, princi-
    8  pal stockholder, principal member, or operator of any hospital,  private
    9  proprietary  home  for  adults, residence for adults, or non-profit home
   10  for the aged or blind which has been issued an operating certificate  by
   11  the  [state] department [of social services], or a halfway house, hostel
   12  or other residential facility or institution for the  care,  custody  or
   13  treatment  of  the mentally disabled which is subject to approval by the
   14  department of mental hygiene, no approval shall be  granted  unless  the
   15  public  health  and health planning council, having afforded an adequate
   16  opportunity to members of [health systems agencies] FINGER LAKES  HEALTH
   17  SYSTEM  AGENCY,  if  any,  having  geographical jurisdiction of the area
   18  where the institution is to be located to be heard, shall  affirmatively
   19  find  by  substantial  evidence  as to each such incorporator, director,
   20  sponsor, principal stockholder or operator that a substantially consist-
   21  ent high level of care is being or  was  being  rendered  in  each  such
   22  hospital,  home,  residence, halfway house, hostel, or other residential
   23  facility or institution with which such person is or was affiliated; for
   24  the purposes of this paragraph, the public health  and  health  planning
   25  council  shall  adopt  rules and regulations, subject to the approval of
   26  the commissioner, to establish the criteria  to  be  used  to  determine
   27  whether a substantially consistent high level of care has been rendered,
   28  provided, however, that there shall not be a finding that a substantial-
   29  ly consistent high level of care has been rendered where there have been
   30  violations  of  the  state  hospital code, or other applicable rules and
   31  regulations, that [(i)] (A) threatened to directly  affect  the  health,
   32  safety or welfare of any patient or resident, and [(ii)] (B) were recur-
   33  rent  or  were  not promptly corrected; [(c)] the financial resources of
   34  the proposed institution and its sources of future revenues;  and  [(d)]
   35  such other matters as it shall deem pertinent.
   36    3-a.  Notwithstanding any other provisions of this chapter, the public
   37  health council is hereby empowered to  approve  the  establishment,  for
   38  demonstration  purposes,  of  not more than one existing hospital within
   39  the geographical jurisdiction of each health systems agency  established
   40  under  the  provisions of subdivision (c) of section twenty-nine hundred
   41  four of this chapter. The purposes of such hospitals shall be  to  offer
   42  and  provide nursing home services, board and lodging to persons requir-
   43  ing such services within one hospital. [The public  health  council  may
   44  approve  the  establishment  of  such  hospitals  without  regard to the
   45  requirement of public need as set forth in  subdivision  three  of  this
   46  section.]
   47    S  9.  Subparagraph  (i)  of paragraph (b) of subdivision 4 of section
   48  2801-a of the public health law, as amended by section 57 of part  A  of
   49  chapter 58 of the laws of 2010, is amended to read as follows:
   50    (i)  Any  transfer,  assignment or other disposition of ten percent or
   51  more of an interest or voting rights in a partnership or limited liabil-
   52  ity company, which is the operator of a hospital to  a  new  partner  or
   53  member, shall be approved by the public health and health planning coun-
   54  cil,  in accordance with the provisions of subdivisions two and three of
   55  this section, except that[: (A)] any such change shall be subject to the
   56  approval by the public health and health planning council in  accordance
       S. 4207                            73
    1  with  [paragraph  (b)  of]  subdivision  three of this section only with
    2  respect to the new partner or member,  and  any  remaining  partners  or
    3  members  who  have  not  been  previously  approved for that facility in
    4  accordance  with  such  [paragraph,  and  (B)  such  change shall not be
    5  subject to paragraph (a) of] subdivision [three of this section].
    6    S 10. Paragraph (c) of subdivision 4 of section 2801-a of  the  public
    7  health law, as amended by section 57 of part A of chapter 58 of the laws
    8  of 2010, is amended to read as follows:
    9    (c)  Any  transfer,  assignment or other disposition of ten percent or
   10  more of the stock or voting rights thereunder of a corporation which  is
   11  the  operator  of a hospital or which is a member of a limited liability
   12  company which is the operator of a hospital to a new stockholder, or any
   13  transfer, assignment or other disposition of the stock or voting  rights
   14  thereunder  of  such  a  corporation  which  results in the ownership or
   15  control of more than ten percent of the stock or  voting  rights  there-
   16  under  of  such corporation by any person not previously approved by the
   17  public health and health planning council, or its predecessor, for  that
   18  corporation shall be subject to approval by the public health and health
   19  planning  council, in accordance with the provisions of subdivisions two
   20  and three of this section and rules and  regulations  pursuant  thereto;
   21  except  that:  any  such transaction shall be subject to the approval by
   22  the public health and health planning council in accordance with  [para-
   23  graph  (b)  of] subdivision three of this section only with respect to a
   24  new stockholder or a  new  principal  stockholder[;  and  shall  not  be
   25  subject  to  paragraph (a) of subdivision three of this section]. In the
   26  absence of such approval, the operating  certificate  of  such  hospital
   27  shall  be  subject to revocation or suspension. No prior approval of the
   28  public health and health planning council shall be required with respect
   29  to a transfer, assignment or disposition of ten percent or more  of  the
   30  stock or voting rights thereunder of a corporation which is the operator
   31  of  a hospital or which is a member of a limited liability company which
   32  is the owner of a hospital to any  person  previously  approved  by  the
   33  public  health and health planning council, or its predecessor, for that
   34  corporation. However, no such transaction shall be effective  unless  at
   35  least  ninety  days  prior  to  the intended effective date thereof, the
   36  stockholder completes and files with the public health and health  plan-
   37  ning  council  notice  on forms to be developed by the public health and
   38  health planning council, which shall disclose such  information  as  may
   39  reasonably  be necessary for the public health and health planning coun-
   40  cil to determine whether it should bar the transaction. Such transaction
   41  will be final as of the intended effective date unless,  prior  thereto,
   42  the  public  health  and  health  planning  council shall state specific
   43  reasons for barring such transactions under  this  paragraph  and  shall
   44  notify each party to the proposed transaction. Nothing in this paragraph
   45  shall be construed as permitting a person not previously approved by the
   46  public health and health planning council for that corporation to become
   47  the  owner of ten percent or more of the stock of a corporation which is
   48  the operator of a hospital or which is a member of a  limited  liability
   49  company  which  is  the  owner of a hospital without first obtaining the
   50  approval of the public health and health planning council.
   51    S 11. Subparagraph (i) of paragraph (g) and subparagraph (i) of  para-
   52  graph  (h)  of subdivision 4 of section 2801-a of the public health law,
   53  as amended by section 57 of part A of chapter 58 of the  laws  of  2010,
   54  are amended to read as follows:
       S. 4207                            74
    1    (i)  the  character,  competence and standing in the community of each
    2  proposed trustee operator pursuant to the provisions of  [paragraph  (b)
    3  of] subdivision three of this section; and
    4    (i)  the  character,  competence  and standing in the community of the
    5  proposed conservator operator or  committee  operator  pursuant  to  the
    6  provisions of [paragraph (b) of] subdivision three of this section; and
    7    S  12. Paragraph (a) of subdivision 14 of section 2801-a of the public
    8  health law, as amended by section 57 of part A of chapter 58 of the laws
    9  of 2010, is amended to read as follows:
   10    (a) The public health and health  planning  council  may  approve  the
   11  establishment  of  not-for-profit  rural  health  networks as defined in
   12  article twenty-nine-A of this chapter, pursuant  to  the  provisions  of
   13  subdivisions  two  and  three  of  this  section, except that the public
   14  health and health planning council shall not consider the  [public  need
   15  for  and]  financial  resources  and  sources of future revenues of such
   16  networks which do not seek approval to operate a hospital.  In  addition
   17  to character and competence, the public health and health planning coun-
   18  cil may take into consideration available network plans.
   19    S  13. Paragraph (b) of subdivision 15 of section 2801-a of the public
   20  health law, as amended by section 57 of part A of chapter 58 of the laws
   21  of 2010, is amended to read as follows:
   22    (b) The following provisions of this section shall not apply to  diag-
   23  nostic  or treatment centers operated pursuant to this subdivision:  (i)
   24  [paragraph (b) of] subdivision three of this section, relating to stock-
   25  holders and members; (ii) paragraph (c)  of  subdivision  four  of  this
   26  section,  relating  to  the  disposition  of stock or voting rights; and
   27  (iii) paragraph (e) of subdivision four of this section, relating to the
   28  ownership of stock or membership.
   29    S 14. Subdivision 4 of section 2801-e of the  public  health  law,  as
   30  added by chapter 750 of the laws of 2004, is amended to read as follows:
   31    4. Any reductions in the number of operational residential health care
   32  facility  beds resulting from this demonstration shall not be considered
   33  to create additional public need for residential  health  care  facility
   34  beds [under this article].
   35    S  15.  Paragraph (c) of subdivision 6 of section 2801-e of the public
   36  health law, as amended by chapter 257 of the laws of 2005, is amended to
   37  read as follows:
   38    (c) The commissioner may, as necessary, waive  existing  methodologies
   39  for  determining public need under [this article,] article thirty-six of
   40  this chapter and article seven of the social services law,  as  well  as
   41  enrollment  limitations under section forty-four hundred three-f of this
   42  chapter, to accommodate permanent conversions of beds to other  programs
   43  or  services on the basis that any such increases in capacity are linked
   44  to commensurate reductions in the  number  of  residential  health  care
   45  facility beds.
   46    S  16.  Subdivision  2  of  section  2802 of the public health law, as
   47  amended by section 58 of part A of chapter 58 of the laws  of  2010,  is
   48  amended to read as follows:
   49    2. The commissioner shall not act upon an application for construction
   50  of  a  hospital  until the public health and health planning council and
   51  the [health systems agency] FINGER LAKES HEALTH SYSTEM AGENCY have had a
   52  reasonable time to submit their recommendations, and  unless  [(a)]  the
   53  applicant  has  obtained  all approvals and consents required by law for
   54  its incorporation or establishment (including the approval of the public
   55  health and health planning council pursuant to the  provisions  of  this
   56  article) provided, however, that the commissioner may act upon an appli-
       S. 4207                            75
    1  cation  for  construction  by  an applicant possessing a valid operating
    2  certificate when the application qualifies for review without the recom-
    3  mendation of the council pursuant to regulations adopted by the  council
    4  and approved by the commissioner[; and (b) the commissioner is satisfied
    5  as  to  the  public need for the construction, at the time and place and
    6  under the circumstances proposed, provided however that, in the case  of
    7  an  application by a hospital established or operated by an organization
    8  defined in subdivision one of section four hundred eighty-two-b  of  the
    9  social  services  law, the needs of the members of the religious denomi-
   10  nation concerned, for care or treatment in accordance with  their  reli-
   11  gious or ethical convictions, shall be deemed to be public need].
   12    S  17.  Paragraph  (a)  of subdivision 6 of section 2806 of the public
   13  health law, as amended by chapter 77 of the laws of 1977, such  subdivi-
   14  sion  as  renumbered  by  chapter 896 of the laws of 1977, is amended to
   15  read as follows:
   16    (a) Notwithstanding the provisions of subdivisions two through four of
   17  this section, the commissioner shall suspend, limit, modify, or revoke a
   18  hospital operating certificate, after  taking  into  consideration  [the
   19  total number of beds necessary to meet the public need,] the availabili-
   20  ty of facilities or services such as preadmission, ambulatory, home care
   21  or other services which may serve as alternatives or substitutes for the
   22  whole  or  any  part  of any such hospital facility, and, in the case of
   23  modification, the level of care and the  nature  and  type  of  services
   24  provided or required by all or some of the patients in or seeking admis-
   25  sion  to  such  hospital  facility,  and  whether  such level of care is
   26  consistent with the operating certificate of  the  hospital,  and  after
   27  finding  that suspending, limiting, modifying, or revoking the operating
   28  certificate of such facility would be within  the  public  interest  [in
   29  order  to  conserve  health  resources by restricting the number of beds
   30  and/or the level of services to those which are actually needed].
   31    S 18. Paragraph (f) of subdivision 6 of section  2806  of  the  public
   32  health  law,  as added by chapter 769 of the laws of 1977, is amended to
   33  read as follows:
   34    (f) In determining whether there is a [public need] NECESSITY for  any
   35  services or facilities as required by this subdivision, the commissioner
   36  shall  consider  the advice of the state health planning and development
   37  agency designated pursuant to the  provisions  of  the  national  health
   38  planning  and resources development act of nineteen hundred seventy-four
   39  and any amendments thereto and the state health  plan  developed  there-
   40  under.
   41    S  19.  Subdivision  1  of section 2874-a of the public health law, as
   42  added by chapter 934 of the laws of 1985, is amended to read as follows:
   43    1. The medical care facilities finance agency shall not make  a  mort-
   44  gage loan to eligible secured hospital borrowers unless [the commission-
   45  er  has  recommended  the  project  based  on public need,] the hospital
   46  discloses the financial resources available  to  it,  and  the  hospital
   47  complies with the provisions of article twenty-eight of this chapter. In
   48  considering  the financial resources available to support a project, the
   49  commissioner shall take into account programs designed to offset  eligi-
   50  ble  secured  hospital  borrowers'  past  and current unmet bad debt and
   51  charity care losses.
   52    S 20. Section 2802 of the public health law is amended by  adding  two
   53  new subdivisions 8 and 9 to read as follows:
   54    8.  NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, THIS
   55  SUBDIVISION SHALL APPLY TO ANY  APPLICATION  FOR  CONSTRUCTION  REQUIRED
   56  UNDER  THIS  SECTION  WITH  THE  EXCEPTION  OF THOSE FEDERALLY QUALIFIED
       S. 4207                            76
    1  HEALTH CENTER CAPITAL PROJECTS SUBJECT TO SECTION  TWENTY-EIGHT  HUNDRED
    2  SEVEN-Z OF THIS ARTICLE.
    3    (A)  FOR  AN APPLICATION REQUIRING A LIMITED OR ADMINISTRATIVE REVIEW,
    4  WITHIN NINETY CALENDAR DAYS OF THE DEPARTMENT  DEEMING  THE  APPLICATION
    5  COMPLETE,  THE  COMMISSIONER  SHALL MAKE A DECISION TO APPROVE OR DISAP-
    6  PROVE THE APPLICATION. IF THE COMMISSIONER DETERMINES TO DISAPPROVE  THE
    7  APPLICATION,  THE  BASIS FOR SUCH DISAPPROVAL SHALL BE PROVIDED IN WRIT-
    8  ING; HOWEVER, DISAPPROVAL SHALL NOT BE BASED ON  THE  INCOMPLETENESS  OF
    9  THE  APPLICATION. IF THE COMMISSIONER FAILS TO TAKE ACTION TO APPROVE OR
   10  DISAPPROVE THE APPLICATION WITHIN NINETY CALENDAR DAYS OF  THE  APPLICA-
   11  TION BEING DEEMED COMPLETE, THE APPLICATION SHALL BE DEEMED APPROVED.
   12    (B)  FOR  AN  APPLICATION  REQUIRING  FULL  REVIEW BY THE COUNCIL, THE
   13  APPLICATION SHALL BE PLACED ON THE NEXT  COUNCIL  AGENDA  FOLLOWING  THE
   14  DEPARTMENT DEEMING THE APPLICATION COMPLETE.
   15    (C)  WHERE  THE  COMMISSIONER  OR DEPARTMENT REQUIRES THE APPLICANT TO
   16  SUBMIT INFORMATION TO SATISFY A CONTINGENCY FOR A CONSTRUCTION  PROJECT,
   17  THE COMMISSIONER OR DEPARTMENT SHALL HAVE THIRTY CALENDAR DAYS TO REVIEW
   18  AND APPROVE OR DISAPPROVE THE SUBMITTED INFORMATION. IF THE COMMISSIONER
   19  OR  DEPARTMENT  DETERMINES THAT THE SUBMITTED INFORMATION IS INCOMPLETE,
   20  IT SHALL SO NOTIFY THE APPLICANT IN WRITING AND  PROVIDE  THE  APPLICANT
   21  WITH  TEN  CALENDAR DAYS TO CORRECT THE DEFICIENCY OR PROVIDE ADDITIONAL
   22  INFORMATION. IF THE  COMMISSIONER  OR  DEPARTMENT  DETERMINES  THAT  THE
   23  SUBMITTED  INFORMATION  DOES  NOT SATISFY THE CONTINGENCY, THE BASIS FOR
   24  SUCH DISAPPROVAL SHALL BE  PROVIDED  IN  WRITING;  HOWEVER,  DISAPPROVAL
   25  SHALL  NOT  BE  BASED  ON  THE INCOMPLETENESS OF THE APPLICATION. WITHIN
   26  FIFTEEN CALENDAR DAYS OF COMPLETE SATISFACTION  OF  A  CONTINGENCY,  THE
   27  COMMISSIONER  OR  DEPARTMENT SHALL TRANSMIT THE FINAL APPROVAL LETTER TO
   28  THE APPLICANT.
   29    (D) THE DEPARTMENT SHALL DEVELOP EXPEDITED  PRE-OPENING  SURVEY  PROC-
   30  ESSES FOR APPLICATIONS APPROVED UNDER THIS SECTION, BUT UNDER NO CIRCUM-
   31  STANCES  SHALL PRE-OPENING SURVEY REVIEWS BE SCHEDULED LATER THAN THIRTY
   32  CALENDAR DAYS AFTER FINAL APPROVAL, CONSTRUCTION COMPLETION AND  NOTIFI-
   33  CATION OF SUCH COMPLETION OF THE DEPARTMENT.
   34    9.  WITH REGARD TO ANY CONSTRUCTION PROJECT REQUIRING SUBMISSION OF AN
   35  APPLICATION PURSUANT TO THIS SECTION WHERE THE COMMISSIONER  HAS  DETER-
   36  MINED  THAT A WRITTEN CERTIFICATION BY AN ARCHITECT OR ENGINEER LICENSED
   37  PURSUANT TO ARTICLE ONE HUNDRED FORTY-FIVE OR ONE HUNDRED FORTY-SEVEN OF
   38  THE EDUCATION LAW THAT THE PROJECT MEETS APPLICABLE REGULATIONS  OF  THE
   39  DEPARTMENT  CAN  BE  ACCEPTED,  THE  SUBMISSION BY THE APPLICANT OF SUCH
   40  COMPLETE AND FULLY EXECUTED CERTIFICATION  BY  CERTIFIED  OR  REGISTERED
   41  MAIL  WITH  A RETURN RECEIPT SIGNED BY THE DEPARTMENT SHALL CONSTITUTE A
   42  FULFILLMENT OF THE CERTIFICATION REQUIREMENT AND  THE  DEPARTMENT  SHALL
   43  PROCEED WITH THE PROCESSING OF SUCH APPLICATION. NOTHING IN THIS SECTION
   44  SHALL  BE  CONSTRUED  AS  PROHIBITING  THE  DEPARTMENT  UPON SURVEY FROM
   45  REQUIRING SUBSEQUENT CORRECTIONS TO THE PROJECT TO MEET  THE  APPLICABLE
   46  REGULATIONS.
   47    S  21.  Subdivision  1  of  section 2806-a of the public health law is
   48  amended by adding a new paragraph (g) to read as follows:
   49    (G) "IMPROPER DELEGATION OF AUTHORITY TO A  MANAGEMENT  CONSULTANT  BY
   50  THE  GOVERNING  AUTHORITY  OR  OPERATOR"  OF  A  GENERAL  HOSPITAL SHALL
   51  INCLUDE, BUT NOT BE LIMITED TO, THE DELEGATION OF (I) AUTHORITY TO  HIRE
   52  OR  FIRE THE ADMINISTRATOR OR OTHER KEY MANAGEMENT EMPLOYEES; (II) MAIN-
   53  TENANCE AND CONTROL OF THE BOOKS AND RECORDS; (III) AUTHORITY  OVER  THE
   54  DISPOSITION  OF ASSETS AND THE INCURRING OF LIABILITIES ON BEHALF OF THE
   55  FACILITY; AND (IV) THE ADOPTION AND ENFORCEMENT  OF  POLICIES  REGARDING
   56  THE  OPERATION OF THE FACILITY. THE CRITERIA SET FORTH IN THIS PARAGRAPH
       S. 4207                            77
    1  SHALL NOT BE THE SOLE DETERMINING FACTORS, BUT INDICATORS TO BE  CONSID-
    2  ERED  WITH  SUCH  OTHER  FACTORS  THAT  MAY  BE  PERTINENT IN PARTICULAR
    3  INSTANCES. PROFESSIONAL EXPERTISE SHALL BE EXERCISED IN THE  UTILIZATION
    4  OF  THE  CRITERIA.  ALL  OF  THE LISTED INDICIA NEED NOT BE PRESENT IN A
    5  GIVEN INSTANCE FOR THERE TO BE AN IMPROPER DELEGATION OF AUTHORITY.
    6    S 22. Paragraph (a) of subdivision 2 of section 2806-a of  the  public
    7  health  law,  as added by section 50 of part E of chapter 56 of the laws
    8  of 2013, is amended to read as follows:
    9    (a) In the event that: (i) a facility  seeks  extraordinary  financial
   10  assistance  and the commissioner finds that the facility is experiencing
   11  serious financial instability that is jeopardizing existing or continued
   12  access to essential services within the community, or (ii)  the  commis-
   13  sioner finds that there are conditions within the facility that serious-
   14  ly  endanger  the  life,  health or safety of residents or patients, the
   15  commissioner may appoint a temporary operator to assume sole control and
   16  sole responsibility for the operations of that facility,  OR  (III)  THE
   17  COMMISSIONER FINDS THAT THERE HAS BEEN AN IMPROPER DELEGATION OF AUTHOR-
   18  ITY TO A MANAGEMENT CONSULTANT BY THE GOVERNING AUTHORITY OR OPERATOR OF
   19  A  GENERAL HOSPITAL, THE COMMISSIONER SHALL APPOINT A TEMPORARY OPERATOR
   20  TO ASSUME SOLE CONTROL AND SOLE RESPONSIBILITY  FOR  THE  OPERATIONS  OF
   21  THAT FACILITY. The appointment of the temporary operator shall be effec-
   22  tuated  pursuant  to  this section and shall be in addition to any other
   23  remedies provided by law.
   24    S 23. Subdivision 5 of section 2806-a of the  public  health  law,  as
   25  added  by  section  50  of  part E of chapter 56 of the laws of 2013, is
   26  amended to read as follows:
   27    5. (a) The initial term of the appointment of the  temporary  operator
   28  shall not exceed one hundred eighty days. After one hundred eighty days,
   29  if  the commissioner determines that termination of the temporary opera-
   30  tor would cause significant deterioration of the quality of,  or  access
   31  to,  health care or residential care in the community or that reappoint-
   32  ment is necessary to correct the conditions  within  the  facility  that
   33  seriously  endanger the life, health or safety of residents or patients,
   34  or the financial instability that required the appointment of the tempo-
   35  rary operator, the commissioner may authorize up to two additional nine-
   36  ty-day terms.
   37    (b) Upon the completion of the  two  ninety-day  terms  referenced  in
   38  paragraph (a) of this subdivision,
   39    (i) if the established operator is the debtor in a bankruptcy proceed-
   40  ing,  and  the  commissioner  determines  that  the  temporary  operator
   41  requires additional terms to operate the facility during the pendency of
   42  the bankruptcy proceeding and to carry out any plan resulting  from  the
   43  proceeding,  the  commissioner  may reappoint the temporary operator for
   44  additional ninety-day terms until  the  termination  of  the  bankruptcy
   45  proceeding,  provided that the commissioner shall provide for notice and
   46  a hearing as set forth in subdivision six of this section; [or]
   47    (ii) if the established operator requests  the  reappointment  of  the
   48  temporary  operator, the commissioner may reappoint the temporary opera-
   49  tor for one additional ninety-day term, pursuant to an agreement between
   50  the established operator, the temporary operator and the  department[.];
   51  OR
   52    (III) IF THE COMMISSIONER FINDS THAT CONDITIONS REGARDING THE IMPROPER
   53  DELEGATION  OF  AUTHORITY  TO  A  MANAGEMENT CONSULTANT BY THE GOVERNING
   54  AUTHORITY OR OPERATOR OF A GENERAL HOSPITAL HAVE NOT BEEN  REMEDIED,  HE
   55  SHALL  SUBMIT  A RECOMMENDATION TO THE PUBLIC HEALTH AND HEALTH PLANNING
       S. 4207                            78
    1  COUNCIL FOR REMEDIAL ACTION PURSUANT TO  PARAGRAPH  (I)  OF  SUBDIVISION
    2  FOUR OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS ARTICLE.
    3    (c)  Within fourteen days prior to the termination of each term of the
    4  appointment of the temporary  operator,  the  temporary  operator  shall
    5  submit  to  the  commissioner  and  to the established operator a report
    6  describing:
    7    (i) the actions taken during the appointment to address such deficien-
    8  cies and financial instability,
    9    (ii) objectives for the continuation of the temporary operatorship  if
   10  necessary and a schedule for satisfaction of such objectives,
   11    (iii)  recommended  actions  for the ongoing operation of the facility
   12  subsequent to the term of the temporary operator  INCLUDING  RECOMMENDA-
   13  TIONS REGARDING THE PROPER MANAGEMENT OF THE FACILITY AND ONGOING AGREE-
   14  MENTS WITH MANAGEMENT CONSULTANTS; and
   15    (iv) with respect to the first ninety-day term referenced in paragraph
   16  (a)  of  this  subdivision,  a  plan  for sustainable operation to avoid
   17  closure, or transformation of the facility which may include any  option
   18  permissible under this chapter or the social services law and implement-
   19  ing  regulations  thereof.  The  report  shall  reflect  best efforts to
   20  produce a full and complete accounting.
   21    (d) The term of the initial appointment and of  any  subsequent  reap-
   22  pointment  may  be  terminated prior to the expiration of the designated
   23  term, if the established operator and the commissioner agree on  a  plan
   24  of correction and the implementation of such plan.
   25    S  24.  Subdivision  4  of  section 2801-a of the public health law is
   26  amended by adding a new paragraph (i) to read as follows:
   27    (I) UPON RECOMMENDATION BY THE COMMISSIONER, IF THE PUBLIC HEALTH  AND
   28  HEALTH  PLANNING  COUNCIL FINDS BY SUBSTANTIAL EVIDENCE THAT AN IMPROPER
   29  DELEGATION OF AUTHORITY  TO  A  MANAGEMENT  CONSULTANT  BY  A  GOVERNING
   30  AUTHORITY  OR  OPERATOR OF A GENERAL HOSPITAL HAS OCCURRED AS DEFINED BY
   31  PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT  HUNDRED  SIX-A
   32  OF  THIS  ARTICLE,  THE  OPERATING CERTIFICATE OF SUCH HOSPITAL SHALL BE
   33  SUBJECT TO REVOCATION OR SUSPENSION.
   34    S 25. This act shall take effect immediately; provided, however,  that
   35  sections  seven  through twenty of this act shall take effect January 1,
   36  2016; provided, further, that the amendments to subdivision 1 of section
   37  2874-a of the public health law, made by section nineteen of  this  act,
   38  shall  not  affect the expiration of such section and shall be deemed to
   39  expire therewith; and provided, further, that the amendments to  section
   40  2806-a of the public health law, made by sections twenty-one, twenty-two
   41  and twenty-three of this act, shall not affect the expiration and repeal
   42  of such section, and shall be deemed repealed therewith.
   43                                   PART L
   44    Section 1. Section 230-d of the public health law is amended by adding
   45  two new subdivisions 6 and 7 to read as follows:
   46    6. THE COMMISSIONER SHALL CONVENE AN OFFICE-BASED SURGERY WORKGROUP TO
   47  REVIEW  THE  SCOPE  OF  OFFICE-BASED  SURGERY.  THE  WORKGROUP  SHALL BE
   48  COMPRISED OF STAKEHOLDERS AND  EXPERTS  IN  THE  FIELD  OF  OFFICE-BASED
   49  SURGERY,  WHICH  SHALL AT A MINIMUM INCLUDE NO LESS THAN FIVE PHYSICIANS
   50  CURRENTLY ACCREDITED IN  OFFICE-BASED  SURGERY  AND  NO  LESS  THAN  TWO
   51  LICENSED ANESTHESIOLOGISTS, TWO LICENSED CHIROPRACTORS, AND TWO LICENSED
   52  PODIATRISTS.  THE  WORKGROUP  SHALL  EXAMINE  THE  SCOPE OF OFFICE-BASED
   53  SURGERY IN NEW YORK AND WHETHER CERTAIN SURGICAL PROCEDURES NOT CURRENT-
   54  LY PROVIDED IN THIS SETTING SHOULD BE, WHETHER CERTAIN  SURGICAL  PROCE-
       S. 4207                            79
    1  DURES  CURRENTLY  PROVIDED  SHOULD  NOT BE PROVIDED IN THIS SETTING, AND
    2  WHETHER NON-SURGICAL PROCEDURES INVOLVING CERTAIN LEVELS  OF  ANESTHESIA
    3  SHOULD  BE  PROVIDED  WITHIN  THIS  SETTING.  IN  EXAMINING THE SCOPE OF
    4  OFFICE-BASED  SURGERY,  THE  WORKGROUP  SHALL CONSIDER WHAT OTHER STATES
    5  COVER UNDER THIS ACCREDITATION AND WHAT MEDICARE COVERS IN THIS SETTING.
    6  THE WORKGROUP SHALL REPORT AND RECOMMEND ANY STATUTORY CHANGES THEY DEEM
    7  APPROPRIATE TO THE LEGISLATURE. SUCH REPORT SHALL BE  SUBMITTED  TO  THE
    8  TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
    9  SENATE  STANDING  COMMITTEE  ON  HEALTH AND CHAIR OF THE ASSEMBLY HEALTH
   10  COMMITTEE BY DECEMBER FIRST, TWO THOUSAND FIFTEEN.
   11    7. EVERY OFFICE-BASED SURGERY PRACTICE  WITH  FULL  ACCREDITED  STATUS
   12  SHALL  BE  ELIGIBLE TO SEEK PAYMENT FROM A HEALTH PLAN FOR COSTS RELATED
   13  TO THE USE OF SUCH SURGERY LOCATION OR SETTING. SUCH FEE IS IN  ADDITION
   14  TO  THE  FEE  CHARGED BY THE LICENSEE FOR THE PERFORMANCE OF THE COVERED
   15  OFFICE-BASED SURGERY INVOLVING AN INSURED OR  A  HEALTH  PLAN  ENROLLEE;
   16  PROVIDED  THAT  THE HEALTH PLAN ALSO REIMBURSES FOR COSTS RELATED TO THE
   17  USE OF A SURGERY LOCATION OR SETTING CHARGED IN CONNECTION WITH THE SAME
   18  COVERED PROCEDURE PERFORMED AT A HOSPITAL OR AMBULATORY  SURGERY  CENTER
   19  ORGANIZED  PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER. WHEN CALCU-
   20  LATING THE APPROPRIATE RATE OF OFFICE-BASED SURGERY  RELATED  REIMBURSE-
   21  MENT,  A HEALTH PLAN MAY ALSO TAKE INTO CONSIDERATION CERTAIN COMPARABLE
   22  AND NON-COMPARABLE COSTS AND OBLIGATIONS OF AMBULATORY  SURGERY  CENTERS
   23  AND HOSPITALS AND ADJUST RATES ACCORDINGLY AND IN A REASONABLE MANNER.
   24    S  2.  Paragraph  (b)  of subdivision 1 of section 230-d of the public
   25  health law, as added by chapter 365 of the laws of 2007, is  amended  to
   26  read as follows:
   27    (b)  "Adverse  event" means (i) patient death within thirty days; (ii)
   28  unplanned transfer to a hospital OR EMERGENCY  DEPARTMENT  VISIT  WITHIN
   29  SEVENTY-TWO  HOURS  OF  OFFICE-BASED SURGERY; (iii) unscheduled hospital
   30  admission OR ASSIGNMENT  TO  OBSERVATION  SERVICES,  within  seventy-two
   31  hours of the office-based surgery, for longer than twenty-four hours; or
   32  (iv) any other serious or life-threatening event.
   33    S 3. The section heading and subdivisions 1 and 2 of section 2998-e of
   34  the  public health law, as added by chapter 365 of the laws of 2007, are
   35  amended to read as follows:
   36    Reporting [of adverse events] in office based surgery. 1. The  commis-
   37  sioner shall enter into agreements with accrediting agencies pursuant to
   38  which  the  accrediting agencies shall REQUIRE ALL OFFICE-BASED SURGICAL
   39  PRACTICES TO CONDUCT QUALITY IMPROVEMENT AND  QUALITY  ASSURANCE  ACTIV-
   40  ITIES AND UTILIZE AMERICAN BOARD OF MEDICAL SPECIALTIES (ABMS) OR EQUIV-
   41  ALENT CERTIFICATION, HOSPITAL PRIVILEGING OR OTHER EQUIVALENT METHODS TO
   42  DETERMINE  COMPETENCY  OF PRACTITIONERS TO PERFORM OFFICE-BASED SURGERY.
   43  THE ACCREDITING AGENCY SHALL report[, at a minimum, aggregate] data  [on
   44  adverse  events]  for  all office-based surgical practices accredited by
   45  the accrediting agencies to the department. The department may  disclose
   46  reports of aggregate data to the public.
   47    2.  The  information required to be collected, maintained and reported
   48  directly to the department AND THE ACCREDITING AGENCIES, AND  MAINTAINED
   49  BY  OFFICE-BASED SURGERY PRACTICES UNDER QUALITY IMPROVEMENT AND QUALITY
   50  ASSURANCE ACTIVITIES pursuant to section two hundred  thirty-d  of  this
   51  chapter  shall be kept confidential and shall not be released, except to
   52  the department and except as required  or  permitted  under  subdivision
   53  nine-a  and  subparagraph  (v)  of  paragraph  (a) of subdivision ten of
   54  section two hundred thirty of this chapter.  Notwithstanding  any  other
   55  provision  of law, none of [such information] THE INFORMATION COLLECTED,
   56  MAINTAINED AND REPORTED TO THE DEPARTMENT OR THE  ACCREDITING  AGENCIES,
       S. 4207                            80
    1  AND  MAINTAINED  BY  THE  OFFICE-BASED  SURGERY  PRACTICES UNDER QUALITY
    2  IMPROVEMENT AND QUALITY ASSURANCE ACTIVITIES PURSUANT  TO  THIS  SECTION
    3  shall  be subject to disclosure under article six of the public officers
    4  law or article thirty-one of the civil practice law and rules.
    5    S  4. Section 2806 of the public health law is amended by adding a new
    6  subdivision 1-a to read as follows:
    7    1-A. ANY AMBULATORY SURGERY CENTER  THAT  MAINTAINS  AN  ACCREDITATION
    8  STATUS  IN ADDITION TO ITS LICENSURE UNDER THIS ARTICLE SHALL BE SUBJECT
    9  TO A HEARING PURSUANT TO THIS SECTION IN ORDER TO DETERMINE WHETHER  ITS
   10  OPERATING  CERTIFICATION SHOULD BE SUSPENDED OR REVOKED UPON THE REMOVAL
   11  OF ACCREDITATION BY ANY ACCREDITING BODY.
   12    S 5. This act shall take effect immediately, except that section three
   13  of this act shall take effect on the ninetieth day after it  shall  have
   14  become a law.
   15                                   PART M
   16    Section 1. Subdivisions 1 and 2 of section 1100-a of the public health
   17  law,  as  added  by chapter 258 of the laws of 1996, are amended and two
   18  new subdivisions 3 and 4 are added to read as follows:
   19    1. Notwithstanding any contrary provision of law, rule, regulation  or
   20  code,  any county, city, town or village that owns both its public water
   21  system and the water supply for such system may  by  local  law  provide
   22  whether a fluoride compound shall [or shall not] be added to such public
   23  water supply.
   24    2.  Any  county, wherein a public authority owns both its public water
   25  system and the water supply for such system, may by  local  law  provide
   26  whether a fluoride compound shall [or shall not] be added to such public
   27  water supply.
   28    3.  NO  COUNTY,  CITY,  TOWN  OR VILLAGE, INCLUDING A COUNTY WHEREIN A
   29  PUBLIC AUTHORITY OWNS BOTH ITS PUBLIC WATER SYSTEM AND THE WATER  SUPPLY
   30  FOR  SUCH  SYSTEM,  THAT  FLUORIDATES  A PUBLIC WATER SUPPLY OR CAUSES A
   31  PUBLIC WATER SUPPLY TO BE FLUORIDATED, SHALL DISCONTINUE THE ADDITION OF
   32  A FLUORIDE COMPOUND TO SUCH PUBLIC WATER  SUPPLY  UNLESS  IT  HAS  FIRST
   33  COMPLIED WITH THE FOLLOWING REQUIREMENTS:
   34    (A)  ISSUE  A NOTICE TO THE PUBLIC OF THE PRELIMINARY DETERMINATION TO
   35  DISCONTINUE FLUORIDATION FOR COMMENT, WHICH SHALL INCLUDE THE JUSTIFICA-
   36  TION FOR  THE  PROPOSED  DISCONTINUANCE,  ALTERNATIVES  TO  FLUORIDATION
   37  AVAILABLE,  AND A SUMMARY OF CONSULTATIONS WITH HEALTH PROFESSIONALS AND
   38  THE DEPARTMENT CONCERNING THE PROPOSED DISCONTINUANCE.  SUCH NOTICE MAY,
   39  BUT IS  NOT  REQUIRED  TO,  INCLUDE  PUBLICATION  IN  LOCAL  NEWSPAPERS.
   40  "CONSULTATIONS  WITH HEALTH PROFESSIONALS" MAY INCLUDE FORMAL STUDIES BY
   41  HIRED PROFESSIONALS, INFORMAL CONSULTATIONS  WITH  LOCAL  PUBLIC  HEALTH
   42  OFFICIALS   OR  OTHER  HEALTH  PROFESSIONALS,  OR  OTHER  CONSULTATIONS,
   43  PROVIDED THAT THE NATURE OF SUCH CONSULTATIONS AND THE IDENTITY OF  SUCH
   44  PROFESSIONALS SHALL BE IDENTIFIED IN THE PUBLIC NOTICE. "ALTERNATIVES TO
   45  FLUORIDATION"  MAY  INCLUDE  FORMAL  ALTERNATIVES  PROVIDED BY OR AT THE
   46  EXPENSE OF THE COUNTY, CITY, TOWN  OR  VILLAGE,  OR  OTHER  ALTERNATIVES
   47  AVAILABLE  TO  THE  PUBLIC.  ANY PUBLIC COMMENTS RECEIVED IN RESPONSE TO
   48  SUCH NOTICE SHALL BE ADDRESSED BY THE COUNTY, CITY, TOWN OR  VILLAGE  IN
   49  THE ORDINARY COURSE OF BUSINESS; AND
   50    (B)  PROVIDE  THE DEPARTMENT AT LEAST NINETY DAYS PRIOR WRITTEN NOTICE
   51  OF THE INTENT TO DISCONTINUE AND SUBMIT A PLAN FOR  DISCONTINUANCE  THAT
   52  INCLUDES  BUT  IS NOT LIMITED TO THE NOTICE THAT WILL BE PROVIDED TO THE
   53  PUBLIC, CONSISTENT WITH PARAGRAPH (A) OF THIS SUBDIVISION, OF THE DETER-
   54  MINATION TO DISCONTINUE FLUORIDATION OF THE WATER SUPPLY, INCLUDING  THE
       S. 4207                            81
    1  DATE  OF  SUCH  DISCONTINUANCE AND ALTERNATIVES TO FLUORIDATION, IF ANY,
    2  THAT WILL BE MADE AVAILABLE IN THE COMMUNITY, AND THAT INCLUDES INFORMA-
    3  TION AS MAY BE REQUIRED UNDER THE SANITARY CODE.
    4    4.  THE COMMISSIONER IS HEREBY AUTHORIZED, WITHIN AMOUNTS APPROPRIATED
    5  THEREFOR, TO MAKE GRANTS TO COUNTIES, CITIES, TOWNS OR VILLAGES THAT OWN
    6  THEIR PUBLIC WATER SYSTEM AND THE WATER SUPPLY FOR SUCH SYSTEM,  INCLUD-
    7  ING  A  COUNTY  WHEREIN  A  PUBLIC  AUTHORITY OWNS BOTH ITS PUBLIC WATER
    8  SYSTEM AND THE WATER SUPPLY FOR SUCH SYSTEM, FOR THE PURPOSE OF  PROVID-
    9  ING  ASSISTANCE  TOWARDS  THE  COSTS  OF INSTALLATION, INCLUDING BUT NOT
   10  LIMITED TO TECHNICAL AND ADMINISTRATIVE COSTS ASSOCIATED WITH  PLANNING,
   11  DESIGN  AND  CONSTRUCTION,  AND  START-UP  OF  FLUORIDATION SYSTEMS, AND
   12  REPLACING, REPAIRING OR UPGRADING OF  FLUORIDATION  EQUIPMENT  FOR  SUCH
   13  PUBLIC  WATER  SYSTEMS. GRANT FUNDING SHALL NOT BE AVAILABLE FOR ASSIST-
   14  ANCE TOWARDS THE COSTS AND EXPENSES OF  OPERATION  OF  THE  FLUORIDATION
   15  SYSTEM,  AS  DETERMINED  BY THE DEPARTMENT. THE GRANT APPLICATIONS SHALL
   16  INCLUDE SUCH INFORMATION AS REQUIRED BY THE COMMISSIONER. IN MAKING  THE
   17  GRANT  AWARDS, THE COMMISSIONER SHALL CONSIDER THE DEMONSTRATED NEED FOR
   18  INSTALLATION OF NEW FLUORIDATION EQUIPMENT OR  REPLACING,  REPAIRING  OR
   19  UPGRADING OF EXISTING FLUORIDATION EQUIPMENT, AND SUCH OTHER CRITERIA AS
   20  DETERMINED BY THE COMMISSIONER.  GRANT AWARDS SHALL BE MADE ON A COMPET-
   21  ITIVE  BASIS  AND  BE SUBJECT TO SUCH CONDITIONS AS MAY BE DETERMINED BY
   22  THE COMMISSIONER.
   23    S 2. This act shall take effect immediately.
   24                                   PART N
   25                            Intentionally Omitted
   26                                   PART O
   27    Section 1. Section 1 of part D of chapter 111  of  the  laws  of  2010
   28  relating to the recovery of exempt income by the office of mental health
   29  for  community residences and family-based treatment programs as amended
   30  by section 1 of part C of chapter 58 of the laws of 2014, is amended  to
   31  read as follows:
   32    Section  1. The office of mental health is authorized to recover fund-
   33  ing from  community  residences  and  family-based  treatment  providers
   34  licensed  by  the  office  of mental health, consistent with contractual
   35  obligations of such providers, and notwithstanding any other  inconsist-
   36  ent  provision  of law to the contrary, in an amount equal to 50 percent
   37  of the income received by such providers which exceeds the fixed  amount
   38  of  annual  Medicaid  revenue limitations, as established by the commis-
   39  sioner of mental health. Recovery of such excess income shall be for the
   40  following fiscal periods: for programs in counties  located  outside  of
   41  the  city of New York, the applicable fiscal periods shall be January 1,
   42  2003 through December 31, 2009 and January 1, 2011 through December  31,
   43  [2015]  2016;  and for programs located within the city of New York, the
   44  applicable fiscal periods shall be July 1, 2003 through  June  30,  2010
   45  and July 1, 2011 through June 30, [2015] 2016.
   46    S 2. This act shall take effect immediately.
   47                                   PART P
       S. 4207                            82
    1    Section  1.  Subparagraph 9 of paragraph h of subdivision 4 of section
    2  1950 of the education law, as added by section 1 of part M of chapter 56
    3  of the laws of 2012, is amended to read as follows:
    4    (9)  To  enter  into  contracts with the commissioner of the office of
    5  mental health, to provide special education [and], related services  AND
    6  ANY  ALTERNATIVE EDUCATION PROGRAMS PROVIDED BY THE BOARD OF COOPERATIVE
    7  EDUCATIONAL SERVICES TO COMPONENT SCHOOL DISTRICTS, in  accordance  with
    8  subdivision  six-b  of section thirty-two hundred two of this chapter to
    9  patients hospitalized in hospitals operated  by  the  office  of  mental
   10  health  who  are  between  the  ages of five and twenty-one who have not
   11  received a high school diploma. Any  such  proposed  contract  shall  be
   12  subject  to the review by the commissioner and his [and] OR her determi-
   13  nation that it is an approved cooperative educational service.  Services
   14  provided pursuant to such  contracts  shall  be  provided  at  cost  and
   15  approved  by  the  commissioner  of  the office of mental health and the
   16  director of the division of the budget, and  the  board  of  cooperative
   17  educational  services  shall  not  be  authorized  to  charge  any costs
   18  incurred in providing such services to its component school districts.
   19    S 2. The opening paragraph of subdivision 6-b of section 3202  of  the
   20  education law, as added by section 2 of part M of chapter 56 of the laws
   21  of 2012, is amended to read as follows:
   22    The  commissioner  of  mental  health  may meet his or her obligations
   23  under section 33.11 of the mental hygiene law by contracting pursuant to
   24  this subdivision for educational services for children between the  ages
   25  of five and twenty-one who do not hold a high school diploma and who are
   26  hospitalized  in  hospitals operated by the office of mental health with
   27  the trustees or board of education of any  school  district  for  educa-
   28  tional  services or with a board of cooperative educational services for
   29  the provision of special  education  [and],  related  services  AND  ANY
   30  ALTERNATIVE  EDUCATION  PROGRAMS  PROVIDED  BY  THE BOARD OF COOPERATIVE
   31  EDUCATIONAL SERVICES TO COMPONENT SCHOOL DISTRICTS to such  children  in
   32  accordance  with  their  individualized education programs. The costs of
   33  such education shall not be a charge upon a school district pursuant  to
   34  section 33.11 of the mental hygiene law.
   35    S  3.  Section  4 of part M of chapter 56 of the laws of 2012 amending
   36  the education law, relating to authorizing contracts for  the  provision
   37  of special education and related services for certain patients hospital-
   38  ized in hospitals operated by the office of mental health, is amended to
   39  read as follows:
   40    S 4. This act shall take effect July 1, 2012 and shall expire June 30,
   41  [2015]  2018,  when  upon  such date the provisions of this act shall be
   42  deemed repealed.
   43    S 4. 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    a. The amendments to subparagraph 9 of paragraph h of subdivision 4 of
   47  section  1950 of the education law made by section one of this act shall
   48  not affect the repeal of such subparagraph and shall be deemed  repealed
   49  therewith; and
   50    b.  The  amendments  to  the  opening  paragraph of subdivision 6-b of
   51  section 3202 of the education law made by section two of this act  shall
   52  not  affect  the repeal of such subdivision and shall be deemed repealed
   53  therewith.
   54                                   PART Q
       S. 4207                            83
    1    Section 1. Section 2801-a of the  public  health  law  is  amended  by
    2  adding a new subdivision 17 to read as follows:
    3    17. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH A PILOT PROGRAM TO
    4  ASSIST  IN  RESTRUCTURING  HEALTH  CARE DELIVERY SYSTEMS BY ALLOWING FOR
    5  INCREASED CAPITAL INVESTMENT. PURSUANT TO THE PILOT PROGRAM, THE  PUBLIC
    6  HEALTH  AND  HEALTH PLANNING COUNCIL SHALL APPROVE THE ESTABLISHMENT, IN
    7  ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS (F), (G) AND  (H)  OF  THIS
    8  SUBDIVISION  AND  SUBDIVISION THREE OF THIS SECTION, OF NO MORE THAN TEN
    9  BUSINESS CORPORATIONS FORMED UNDER THE BUSINESS  CORPORATION  LAW.  SUCH
   10  BUSINESS  CORPORATIONS SHALL AFFILIATE, THE EXTENT OF THE AFFILIATION TO
   11  BE DETERMINED BY THE COMMISSIONER, WITH AT LEAST  ONE  ACADEMIC  MEDICAL
   12  INSTITUTION  OR  TEACHING HOSPITAL APPROVED BY THE COMMISSIONER. A BUSI-
   13  NESS CORPORATION SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THIS PROGRAM IF
   14  ANY OF ITS STOCK, OR THAT OF ANY OF ITS DIRECT OR INDIRECT OWNERS, IS OR
   15  WILL BE TRADED ON A PUBLIC STOCK  EXCHANGE  OR  ON  AN  OVER-THE-COUNTER
   16  MARKET.
   17    (B)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, BUSINESS
   18  CORPORATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION  SHALL  BE  DEEMED
   19  ELIGIBLE  TO  PARTICIPATE  IN  DEBT  FINANCING PROVIDED BY THE DORMITORY
   20  AUTHORITY OF THE STATE OF NEW YORK, LOCAL DEVELOPMENT  CORPORATIONS  AND
   21  ECONOMIC DEVELOPMENT CORPORATIONS.
   22    (C)  THE FOLLOWING PROVISIONS OF THIS CHAPTER SHALL NOT APPLY TO BUSI-
   23  NESS CORPORATIONS ESTABLISHED PURSUANT TO THIS  SUBDIVISION:  (I)  PARA-
   24  GRAPH  (B)  OF SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLD-
   25  ERS,  OTHER  THAN  PRINCIPAL  STOCKHOLDERS;  (II)   PARAGRAPH   (C)   OF
   26  SUBDIVISION  FOUR  OF THIS SECTION, RELATING TO THE DISPOSITION OF STOCK
   27  OR VOTING RIGHTS; (III) PARAGRAPHS (D) AND (E) OF  SUBDIVISION  FOUR  OF
   28  THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK; AND (IV) PARAGRAPH (A)
   29  OF  SUBDIVISION  THREE  OF  SECTION  FOUR THOUSAND FOUR OF THIS CHAPTER,
   30  RELATING TO THE OWNERSHIP OF STOCK. NOTWITHSTANDING THE  FOREGOING,  THE
   31  PUBLIC  HEALTH AND HEALTH PLANNING COUNCIL MAY REQUIRE THE DISCLOSURE OF
   32  THE IDENTITY OF STOCKHOLDERS.
   33    (D) THE CORPORATE POWERS AND PURPOSES OF A BUSINESS CORPORATION ESTAB-
   34  LISHED AS AN OPERATOR PURSUANT TO THIS SUBDIVISION SHALL BE  LIMITED  TO
   35  THE  OWNERSHIP  AND  OPERATION, OR OPERATION, OF A HOSPITAL OR HOSPITALS
   36  SPECIFICALLY NAMED AND THE LOCATION OR LOCATIONS OF  WHICH  ARE  SPECIF-
   37  ICALLY DESIGNATED BY STREET ADDRESS, CITY, TOWN, VILLAGE OR LOCALITY AND
   38  COUNTY;  PROVIDED,  HOWEVER,  THAT THE CORPORATE POWERS AND PURPOSES MAY
   39  ALSO INCLUDE THE OWNERSHIP AND OPERATION, OR OPERATION, OF  A  CERTIFIED
   40  HOME  HEALTH AGENCY OR LICENSED HOME CARE SERVICES AGENCY OR AGENCIES AS
   41  DEFINED IN ARTICLE THIRTY-SIX OF THIS CHAPTER OR A HOSPICE  OR  HOSPICES
   42  AS  DEFINED  IN  ARTICLE  FORTY  OF THIS CHAPTER, IF THE CORPORATION HAS
   43  RECEIVED ALL APPROVALS REQUIRED UNDER SUCH LAW TO OWN  AND  OPERATE,  OR
   44  OPERATE,  SUCH  HOME  CARE  SERVICES  AGENCY  OR  AGENCIES OR HOSPICE OR
   45  HOSPICES. SUCH CORPORATE POWERS AND  PURPOSES  SHALL  NOT  BE  MODIFIED,
   46  AMENDED OR DELETED WITHOUT THE PRIOR APPROVAL OF THE COMMISSIONER.
   47    (E)(1)  IN  DISCHARGING  THE DUTIES OF THEIR RESPECTIVE POSITIONS, THE
   48  BOARD OF DIRECTORS, COMMITTEES OF THE BOARD AND INDIVIDUAL DIRECTORS AND
   49  OFFICERS OF A BUSINESS CORPORATION ESTABLISHED PURSUANT TO THIS SUBDIVI-
   50  SION SHALL CONSIDER THE EFFECTS OF ANY ACTION UPON:
   51    (A) THE ABILITY OF THE BUSINESS CORPORATION TO ACCOMPLISH ITS PURPOSE;
   52    (B) THE SHAREHOLDERS OF THE BUSINESS CORPORATION;
   53    (C) THE EMPLOYEES AND WORKFORCE OF THE HOSPITAL OR HOSPITALS;
   54    (D) THE INTERESTS OF PATIENTS OF THE HOSPITAL OR HOSPITALS;
       S. 4207                            84
    1    (E) COMMUNITY AND SOCIETAL  CONSIDERATIONS,  INCLUDING  THOSE  OF  ANY
    2  COMMUNITY  IN WHICH FACILITIES OF THE HOSPITAL OR HOSPITALS ARE LOCATED;
    3  AND
    4    (F)  THE  SHORT-TERM  AND  LONG-TERM  INTERESTS OF THE BUSINESS CORPO-
    5  RATION, INCLUDING BENEFITS THAT MAY ACCRUE TO THE  BUSINESS  CORPORATION
    6  FROM ITS LONG-TERM PLANS.
    7    (2)  THE CONSIDERATION OF INTERESTS AND FACTORS IN THE MANNER REQUIRED
    8  BY SUBPARAGRAPH ONE OF THIS PARAGRAPH:
    9    (A) SHALL NOT CONSTITUTE A VIOLATION  OF  THE  PROVISIONS  OF  SECTION
   10  SEVEN  HUNDRED FIFTEEN OR SEVEN HUNDRED SEVENTEEN OF THE BUSINESS CORPO-
   11  RATION LAW; AND
   12    (B) IS IN ADDITION TO THE ABILITY OF DIRECTORS TO  CONSIDER  INTERESTS
   13  AND  FACTORS AS PROVIDED IN SECTION SEVEN HUNDRED SEVENTEEN OF THE BUSI-
   14  NESS CORPORATION LAW.
   15    (F) WHILE ANY DECISION TO APPROVE A BUSINESS  CORPORATION  UNDER  THIS
   16  SECTION  MUST  WEIGH  AND  BALANCE  A  NUMBER OF FACTORS, IN DETERMINING
   17  WHETHER TO APPROVE A BUSINESS CORPORATION UNDER THIS SECTION, THE PUBLIC
   18  HEALTH AND HEALTH PLANNING COUNCIL, IN CONSULTATION WITH THE COMMISSION-
   19  ER, SHALL CONSIDER THE EXTENT TO WHICH THE BUSINESS CORPORATION:
   20    (1) PROVIDES FOR EITHER EQUAL OR MAJORITY  GOVERNANCE  RIGHTS  OF  THE
   21  NOT-FOR-PROFIT  HOSPITAL  PARTNER,  REGARDLESS OF EQUITY STAKES, THROUGH
   22  WEIGHTED CLASS VOTING STRUCTURE OR OTHERWISE;
   23    (2) INCORPORATES A REPRESENTATIVE GOVERNANCE MODEL THAT:
   24    (A) CLEARLY DELINEATES AUTHORITY AND RESPONSIBILITY FOR THE HOSPITAL'S
   25  OPERATIONS; AND
   26    (B) DEFINES MECHANISMS FOR  APPROVAL  OF  DESIGNATED  SHAREHOLDERS  OR
   27  INVESTORS;
   28    (3) IS INCORPORATED AS A BENEFIT CORPORATION UNDER THE BUSINESS CORPO-
   29  RATION LAW;
   30    (4)  COMMITS  TO MAINTAINING OR ENHANCING EXISTING LEVELS OF SERVICES,
   31  CHARITY CARE AND CORE COMMUNITY BENEFITS;
   32    (5) IDENTIFIES AN ACTIONABLE  STRATEGY  TO  MONITOR  AND  MAINTAIN  OR
   33  IMPROVE QUALITY OF CARE;
   34    (6)  EXPLAINS  THE  LEVEL  OF  CAPITAL COMMITMENT AND THE MECHANISM OR
   35  MECHANISMS FOR INFUSING CAPITAL INTO THE NOT-FOR-PROFIT  HOSPITAL  PART-
   36  NER;
   37    (7) EXPLAINS HOW IT WILL RETAIN THE WORKFORCE, EITHER IN EXISTING JOBS
   38  OR  THROUGH RETRAINING, AND ADDRESSES OBLIGATIONS OWED TO EMPLOYEE BENE-
   39  FIT PLANS AND PENSIONS;
   40    (8) WILL CREATE A FOUNDATION TO ADDRESS THE PUBLIC HEALTH NEEDS OF THE
   41  COMMUNITY; AND
   42    (9) IDENTIFIES HOW PROFIT DISTRIBUTIONS SHALL BE  MADE  IN  A  WAY  TO
   43  ENSURE  THAT  THE  COMMUNITY'S ACCESS TO QUALITY CARE AND CORE COMMUNITY
   44  BENEFITS ARE NOT COMPROMISED AND ACCESS TO CAPITAL IS NOT COMPROMISED.
   45    NONE OF THE FOREGOING FACTORS SHALL BE DISPOSITIVE IN THE APPROVAL  OR
   46  DISAPPROVAL OF THE BUSINESS CORPORATION.
   47    (G)  NO BUSINESS CORPORATION SHALL BE APPROVED UNDER THIS SECTION THAT
   48  FAILS TO ATTEST THAT IT WILL PROVIDE THE NOT-FOR-PROFIT HOSPITAL PARTNER
   49  WITH THE EXCLUSIVE AUTHORITY  OVER  FUNCTIONS  RELATING  TO  ITS  EXEMPT
   50  STATUS.
   51    (H)  THE  BOARD  OF  DIRECTORS  OF  A BUSINESS CORPORATION ESTABLISHED
   52  PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED A "GOVERNING BODY" FOR  THE
   53  PURPOSES  OF  SECTION  TWENTY-EIGHT  HUNDRED THREE-L OF THIS ARTICLE AND
   54  SHALL COMPLY WITH THE PROVISIONS OF  SUCH  SECTION,  REGARDLESS  OF  THE
   55  CORPORATION'S PROFIT-MAKING STATUS.
       S. 4207                            85
    1    (I)  A  SALE, LEASE, CONVEYANCE, EXCHANGE, TRANSFER, OR OTHER DISPOSI-
    2  TION OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF  THE  BUSINESS  CORPO-
    3  RATION  SHALL NOT BE EFFECTIVE UNLESS THE TRANSACTION IS APPROVED BY THE
    4  COMMISSIONER.
    5    NO SUCH TRANSACTION MAY OCCUR WITHIN THREE YEARS OF THE COMMISSIONER'S
    6  APPROVAL  OF  THE  BUSINESS  CORPORATION'S  PARTICIPATION  IN THE DEMON-
    7  STRATION PROJECT. IN APPROVING  SUCH  A  TRANSACTION,  THE  COMMISSIONER
    8  SHALL CONSIDER, AMONG OTHER THINGS, WHETHER THE TRANSACTION:
    9    (1) IMPOSES SAFEGUARDS TO PROTECT QUALITY AND ACCESS TO CORE COMMUNITY
   10  SERVICES DURING THE TRANSITION TO THE NEW INVESTOR;
   11    (2)  REQUIRES  THE  SUBSEQUENT  INVESTOR TO GUARANTEE ALL OBLIGATIONS,
   12  INCLUDING THOSE DESCRIBED IN SUBPARAGRAPH SEVEN OF PARAGRAPH (F) OF THIS
   13  SUBDIVISION;
   14    (3) WILL MAINTAIN THE HOSPITAL GOVERNANCE STRUCTURE; AND
   15    (4) IMPOSES MINIMUM CAPITALIZATION CRITERIA POST-TRANSACTION.
   16    (J) NO LATER THAN THREE YEARS AFTER THE ESTABLISHMENT  OF  A  BUSINESS
   17  CORPORATION  UNDER  THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE
   18  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE
   19  ASSEMBLY WITH A WRITTEN EVALUATION OF THE PILOT PROGRAM. SUCH EVALUATION
   20  SHALL  ADDRESS  THE OVERALL EFFECTIVENESS OF THE PROGRAM IN ALLOWING FOR
   21  ACCESS TO CAPITAL INVESTMENT AND THE IMPACT SUCH ACCESS MAY HAVE ON  THE
   22  QUALITY  OF CARE PROVIDED BY HOSPITALS OPERATED BY BUSINESS CORPORATIONS
   23  ESTABLISHED UNDER THIS SUBDIVISION.
   24    S 2. Paragraph (b) of subdivision 2 of  section  1676  of  the  public
   25  authorities  law  is  amended  by adding a new undesignated paragraph to
   26  read as follows:
   27    SUCH BUSINESS CORPORATIONS AS ARE ESTABLISHED PURSUANT TO  SUBDIVISION
   28  SEVENTEEN OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THE PUBLIC HEALTH LAW
   29  FOR  THE  ACQUISITION,  CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND
   30  IMPROVEMENT, OR OTHERWISE  PROVIDING,  FURNISHING  AND  EQUIPPING  OF  A
   31  HOSPITAL OR HOSPITALS.
   32    S  3.  Subdivision  1 of section 1680 of the public authorities law is
   33  amended by adding a new undesignated paragraph to read as follows:
   34    SUCH BUSINESS CORPORATIONS AS ARE ESTABLISHED PURSUANT TO  SUBDIVISION
   35  SEVENTEEN OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THE PUBLIC HEALTH LAW
   36  FOR  THE  ACQUISITION,  CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND
   37  IMPROVEMENT, OR OTHERWISE  PROVIDING,  FURNISHING  AND  EQUIPPING  OF  A
   38  HOSPITAL OR HOSPITALS.
   39    S 4. This act shall take effect immediately.
   40                                   PART R
   41    Section  1.  Section  3  of  part A of chapter 111 of the laws of 2010
   42  amending the mental hygiene law relating to the receipt of  federal  and
   43  state  benefits  received  by  individuals  receiving care in facilities
   44  operated by an office of the department of mental hygiene, as amended by
   45  section 1 of part B of chapter 58 of the laws of  2014,  is  amended  to
   46  read as follows:
   47    S  3.  This act shall take effect immediately; and shall expire and be
   48  deemed repealed June 30, [2015] 2018.
   49    S 2. This act shall take effect immediately.
   50                                   PART S
   51    Section 1. Section 366 of the social services law is amended by adding
   52  a new subdivision 7-a to read as follows:
       S. 4207                            86
    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 PERSON CENTERED PLAN OF CARE
   36  FOR SUCH PERSON.  THE ASSESSMENT SHALL EMPLOY A VALID MEASURE.
   37    D.  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL UNDER-
   38  TAKE OR ARRANGE FOR THE DEVELOPMENT OF A WRITTEN PERSON CENTERED PLAN OF
   39  CARE FOR EACH PERSON ENROLLED IN THE WAIVER. SUCH PERSON  CENTERED  PLAN
   40  OF  CARE SHALL DESCRIBE THE PROVISION OF HOME AND COMMUNITY BASED WAIVER
   41  SERVICES CONSISTENT WITH 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 USING A VALID
   46  MEASURE.
   47    F. THE COMMISSIONERS OF DEVELOPMENTAL DISABILITIES  AND  HEALTH  SHALL
   48  DETERMINE  QUALITY  STANDARDS FOR ORGANIZATIONS PROVIDING SERVICES UNDER
   49  SUCH WAIVER AND SHALL AUTHORIZE ORGANIZATIONS THAT MEET  SUCH  STANDARDS
   50  TO PROVIDE SUCH SERVICES.
   51    G.  THE  COMMISSIONERS  OF DEVELOPMENTAL DISABILITIES AND HEALTH SHALL
   52  PROMULGATE  RULES  AND  REGULATIONS  AS  NECESSARY  TO  EFFECTUATE   THE
   53  PROVISIONS OF THIS SECTION.
   54    H. THIS SUBDIVISION SHALL BE EFFECTIVE ONLY IF, AND AS LONG AS, FEDER-
   55  AL  FINANCIAL PARTICIPATION IS AVAILABLE FOR EXPENDITURES INCURRED UNDER
   56  THIS SUBDIVISION.
       S. 4207                            87
    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. 4207                            88
    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. Intentionally omitted.
   12    S  6.  Subdivision  (a)  of section 16.03 of the mental hygiene law is
   13  amended by adding a new paragraph 4 to read as follows:
   14    (4) THE PROVISION OF HOME AND COMMUNITY BASED SERVICES APPROVED  UNDER
   15  A WAIVER PROGRAM AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION NINE-
   16  TEEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT AND SUBDIVISIONS
   17  SEVEN  AND  SEVEN-A  OF  SECTION  THREE  HUNDRED SIXTY-SIX OF THE SOCIAL
   18  SERVICES LAW.
   19    S 7. Section 16.03 of the mental hygiene law is amended  by  adding  a
   20  new subdivision (f) to read as follows:
   21    (F)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
   22  PROVISION OF LICENSED NURSING SERVICES SHALL BE AUTHORIZED  AS  PART  OF
   23  THE PROGRAMS CERTIFIED PURSUANT TO THIS ARTICLE.
   24    S 8. Subdivision (a), paragraphs 2, 3, and 6 of subdivision (c), para-
   25  graphs  1 and 4 of subdivision (d), subdivision (e), and subdivision (i)
   26  of section 16.05 of the mental hygiene law, subdivision (a),  paragraphs
   27  2,  3,  and  6 of subdivision (c), paragraphs 1 and 4 of subdivision (d)
   28  and subdivision (e) as added by chapter 786 of the laws of  1983,  para-
   29  graph  6 of subdivision (c) and paragraph 4 of subdivision (d) as renum-
   30  bered by chapter 618 of the laws of 1990, and subdivision (i) as amended
   31  by chapter 37 of the laws of 2011, are amended to read as follows:
   32    (a)(1) Application for an operating certificate  shall  be  made  upon
   33  forms prescribed by the commissioner.
   34    (2)  Application shall be made by the person or entity responsible for
   35  operation of the facility OR  PROVISION  OF  SERVICES  AS  DESCRIBED  IN
   36  SUBDIVISION  FOUR  OF SECTION 16.03 OF THIS ARTICLE.  Applications shall
   37  be in writing, shall be verified and shall contain such  information  as
   38  required by the commissioner.
   39    (2)  The  character,  competence  and standing in the community of the
   40  person or entity responsible for operating  the  facility  OR  PROVIDING
   41  SERVICES;
   42    (3)  The  financial  resources of the proposed facility OR PROVIDER OF
   43  SERVICES and its sources of future revenues;
   44    (6) In the case of residential facilities, that arrangements have been
   45  made with other providers of  services  for  the  provision  of  health,
   46  habilitation,  day treatment, education, sheltered workshop, transporta-
   47  tion or other services  as  may  be  necessary  to  meet  the  needs  of
   48  [clients] INDIVIDUALS who will reside in the facility; and
   49    (1)  the  financial  resources of the proposed facility OR PROVIDER OF
   50  SERVICES and its sources of future revenues;
   51    (4) in the case of residential facilities, that arrangements have been
   52  made with other providers of  services  for  the  provision  of  health,
   53  habilitation,  day treatment, education, sheltered workshop, transporta-
   54  tion or other services  as  may  be  necessary  to  meet  the  needs  of
   55  [clients] INDIVIDUALS who will reside in the facility; and
       S. 4207                            89
    1    (e)  The  commissioner  may disapprove an application for an operating
    2  certificate, may authorize fewer services  than  applied  for,  and  may
    3  place  limitations or conditions on the operating certificate including,
    4  but not limited to compliance with a time limited plan of correction  of
    5  any  deficiency  which does not threaten the health or well-being of any
    6  [client] INDIVIDUALS.  In such cases the applicant  shall  be  given  an
    7  opportunity  to be heard, at a public hearing if requested by the appli-
    8  cant.
    9    (i) In the event that the holder of an  operating  certificate  for  a
   10  residential facility issued by the commissioner pursuant to this article
   11  wishes  to  cease  the operation or conduct of any of the activities, as
   12  defined in paragraph one OR FOUR of subdivision (a) of section 16.03  of
   13  this  article,  for  which  such certificate has been issued or to cease
   14  operation of any one or more of facilities for  which  such  certificate
   15  has  been  issued; wishes to transfer ownership, possession or operation
   16  of the premises and facilities upon  which  such  activities  are  being
   17  conducted  or  to transfer ownership, possession or operation of any one
   18  or more of the premises or facilities for  which  such  certificate  has
   19  been  issued; or elects not to apply to the commissioner for re-certifi-
   20  cation upon the expiration of any current period  of  certification,  it
   21  shall be the duty of such certificate holder to give to the commissioner
   22  written  notice  of such intention not less than sixty days prior to the
   23  intended effective date of such transaction. Such notice shall set forth
   24  a detailed plan which makes provision for the safe and orderly  transfer
   25  of  each  person  with a developmental disability served by such certif-
   26  icate holder pursuant to such certificate into  a  program  of  services
   27  appropriate  to  such  person's on-going needs and/or for the continuous
   28  provision of a lawfully operated program of such activities and services
   29  at the premises and facilities to be conveyed by the certificate holder.
   30  Such certificate holder shall not cease to provide any such services  to
   31  any such person with a developmental disability under any of the circum-
   32  stances  described  in  this  section until the notice and plan required
   33  hereby are received, reviewed and approved by the commissioner. For  the
   34  purposes  of this paragraph, the requirement of prior notice and contin-
   35  uous provision of programs and services by the certificate holder  shall
   36  not  apply  to  those  situations  and changes in circumstances directly
   37  affecting the certificate holder that are not reasonably foreseeable  at
   38  the  time  of  occurrence, including, but not limited to, death or other
   39  sudden incapacitating disability or infirmity. Written notice  shall  be
   40  given  to  the commissioner as soon as reasonably possible thereafter in
   41  the manner set forth within this subdivision.
   42    S 9. Paragraph 1 of subdivision (a) of section  16.09  of  the  mental
   43  hygiene  law, as added by chapter 786 of the laws of 1983, is amended to
   44  read as follows:
   45    (1) "Facility" is limited to a facility in which services are  offered
   46  for  which an operating certificate is required by this article. For the
   47  purposes of this section facility shall include family  care  homes  BUT
   48  SHALL  NOT  INCLUDE  THE  PROVISION OF SERVICES, AS DEFINED IN PARAGRAPH
   49  FOUR OF SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, OUTSIDE  OF  A
   50  FACILITY.
   51    S  10. The section heading and subdivision (a) of section 16.11 of the
   52  mental hygiene law are REPEALED and a new section heading  and  subdivi-
   53  sion (a) are added to read as follows:
   54    OVERSIGHT  OF  FACILITIES  AND  SERVICES.   (A) THE COMMISSIONER SHALL
   55  PROVIDE FOR THE OVERSIGHT OF FACILITIES AND PROVIDERS OF SERVICES  HOLD-
   56  ING OPERATING CERTIFICATES PURSUANT TO SECTION 16.03 OF THIS ARTICLE AND
       S. 4207                            90
    1  SHALL  PROVIDE FOR THE ANNUAL REVIEW OF SUCH FACILITIES AND PROVIDERS IN
    2  IMPLEMENTING THE REQUIREMENTS OF THE OFFICE  AND  IN  PROVIDING  QUALITY
    3  CARE AND PERSON CENTERED AND COMMUNITY BASED SERVICES.
    4    (1)  THE REVIEW OF FACILITIES ISSUED AN OPERATING CERTIFICATE PURSUANT
    5  TO THIS ARTICLE SHALL INCLUDE A SITE  VISIT  TO  OCCUR  AT  LEAST  TWICE
    6  DURING  EACH  CALENDAR  YEAR AND SHALL BE WITHOUT PRIOR NOTICE. AREAS OF
    7  REVIEW SHALL INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF  A  FACILITY'S:
    8  PHYSICAL  PLANT,  FIRE  SAFETY PROCEDURES, HEALTH CARE, PROTECTIVE OVER-
    9  SIGHT, ABUSE AND NEGLECT PREVENTION, AND REPORTING PROCEDURES.
   10    (2) THE REVIEW OF PROVIDERS OF SERVICES, AS DEFINED IN PARAGRAPH  FOUR
   11  OF  SUBDIVISION  (A) OF SECTION 16.03 OF THIS ARTICLE, SHALL ENSURE THAT
   12  THE PROVIDER OF SERVICES COMPLIES  WITH  ALL  THE  REQUIREMENTS  OF  THE
   13  APPLICABLE  FEDERAL HOME AND COMMUNITY BASED SERVICES WAIVER PROGRAM AND
   14  APPLICABLE FEDERAL REGULATION, SUBDIVISIONS SEVEN AND SEVEN-A OF SECTION
   15  THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW AND RULES  AND  REGU-
   16  LATIONS ADOPTED BY THE COMMISSIONER.
   17    S  11.  Subdivisions  (b),  (c),  (d), and (e) of section 16.11 of the
   18  mental hygiene law, subdivision (b) as amended by chapter 37 of the laws
   19  of 2011, and subdivisions (c), (d) and (e) as added by  chapter  786  of
   20  the laws of 1983, are amended to read as follows:
   21    (b)  The  commissioner  shall have the power to conduct investigations
   22  into the operations of any PROVIDER OF SERVICE, person or  entity  which
   23  holds  an operating certificate issued by the office, into the operation
   24  of any facility, SERVICE or program issued an operating  certificate  by
   25  the office and into the operations, related to the provision of services
   26  regulated by this chapter, of any person or entity providing a residence
   27  for one or more unrelated persons with developmental disabilities.
   28    (c)  In conducting an inspection or investigation, the commissioner or
   29  his OR HER authorized representative shall have  the  power  to  inspect
   30  facilities,  conduct interviews of clients, interview personnel, examine
   31  and copy all records, including financial and  medical  records  of  the
   32  facility  OR  PROVIDER OF SERVICES, and obtain such other information as
   33  may be required in order to carry out his OR HER responsibilities  under
   34  this chapter.
   35    (d)  In conducting any inspection or investigation under this chapter,
   36  the commissioner or his OR HER authorized representative is empowered to
   37  subpoena  witnesses,  compel  their  attendance,  administer  oaths   to
   38  witnesses,  examine  witnesses under oath, and require the production of
   39  any books or papers deemed relevant to the investigation, inspection, or
   40  hearing. A subpoena issued under this section shall be regulated by  the
   41  civil practice law and rules.
   42    (e)  The  supreme  court  may  enjoin  persons  or entities subject to
   43  inspection or investigation pursuant to this article to  cooperate  with
   44  the  commissioner  and  to allow the commissioner access to PROVIDERS OF
   45  SERVICES, facilities, records, clients and  personnel  as  necessary  to
   46  enable the commissioner to conduct the inspection or investigation.
   47    S 12. Section 16.17 of the mental hygiene law, as added by chapter 786
   48  of  the laws of 1983, subdivision (a) and paragraph 2 and subparagraph b
   49  of paragraph 1 of subdivision (b) as amended and subparagraph d of para-
   50  graph 1 of subdivision (b) as relettered by chapter 169 of the  laws  of
   51  1992, subdivision (b) as amended by chapter 856 of the laws of 1985, the
   52  opening  paragraph  and subparagraph c of paragraph 1 of subdivision (b)
   53  as amended by chapter 37 of the laws of 2011, subparagraph  d  of  para-
   54  graph  1 of subdivision (b) as added by chapter 618 of the laws of 1990,
   55  paragraph 4 of subdivision (b) as amended by chapter 168 of the laws  of
   56  2010,  paragraph  1  of subdivision (f) as amended by chapter 601 of the
       S. 4207                            91
    1  laws of 2007, subdivision (g) as amended by chapter 24 of  the  laws  of
    2  2007, and subdivision (h) as amended by chapter 306 of the laws of 1995,
    3  is amended to read as follows:
    4  S 16.17 Suspension,  revocation,  or  limitation of an operating certif-
    5            icate.
    6    (a) The commissioner  may  revoke,  suspend,  or  limit  an  operating
    7  certificate or impose the penalties described in subparagraph a, b, c or
    8  d  of  paragraph  one  of  subdivision (b) or in subdivision (g) of this
    9  section upon a determination that the  holder  of  the  certificate  has
   10  failed to comply with the terms of its operating certificate or with the
   11  provisions  of any applicable statute, rule or regulation. The holder of
   12  the certificate shall be given notice and an  opportunity  to  be  heard
   13  prior  to any such determination except that no such notice and opportu-
   14  nity to be heard shall be necessary prior to an emergency suspension  or
   15  limitation  of the facility's OR PROVIDER OF SERVICES' operating certif-
   16  icate imposed pursuant to paragraph  one  of  subdivision  (b)  of  this
   17  section,  nor shall such notice and opportunity to be heard be necessary
   18  should the commissioner, in his OR HER discretion, decide to issue sepa-
   19  rate operating certificates to each facility  OR  PROVIDER  OF  SERVICES
   20  formerly included under the services authorized by one operating certif-
   21  icate to the provider of services.
   22    (b)  (1)  An  operating  certificate  may  be temporarily suspended or
   23  limited without a prior hearing for a period not in excess of sixty days
   24  upon written notice to the facility OR PROVIDER OF SERVICES following  a
   25  finding  by the office for people with developmental disabilities that a
   26  [client's] INDIVIDUAL'S health or safety is  in  imminent  danger.  Upon
   27  such  finding  and  notice, the power of the commissioner temporarily to
   28  suspend or limit an operating certificate shall include, but  shall  not
   29  be limited to, the power to:
   30    a. Prohibit or limit the placement of new [clients] INDIVIDUALS in the
   31  facility OR SERVICES;
   32    b. Remove or cause to be removed some or all of the [clients] INDIVID-
   33  UALS in the facility OR SERVICES;
   34    c. Suspend or limit or cause to be suspended or limited the payment of
   35  any  governmental funds to the facility OR PROVIDER OF SERVICES provided
   36  that such action shall not in any way jeopardize the health, safety  and
   37  welfare of any person with a developmental disability in such program or
   38  facility OR SERVICES;
   39    d.  Prohibit  or  limit  the  placement  of new [clients] INDIVIDUALS,
   40  remove or cause to be removed some  or  all  [clients]  INDIVIDUALS,  or
   41  suspend  or limit or cause to be suspended or limited the payment of any
   42  governmental funds, in or to any  one  or  more  of  the  facilities  OR
   43  PROVIDER  OF  SERVICES  authorized  pursuant to an operating certificate
   44  [issued to a provider of services].
   45    (2) At any time subsequent to the  suspension  or  limitation  of  any
   46  operating  certificate  pursuant  to  paragraph  one of this subdivision
   47  where said suspension or limitation is the result of  correctable  phys-
   48  ical  plant,  staffing or program deficiencies, the facility OR PROVIDER
   49  OF SERVICES may request the office to [reinspect] REVIEW the facility OR
   50  PROVIDER OF SERVICES to redetermine whether a physical  plant,  staffing
   51  or  program  deficiency  continues to exist. After the receipt of such a
   52  request, the office shall [reinspect] REVIEW the facility OR PROVIDER OF
   53  SERVICES within ten days and in the  event  that  the  previously  found
   54  physical  plant,  staffing or program deficiency has been corrected, the
   55  suspension or limitation shall be  withdrawn.  If  the  physical  plant,
   56  staffing  or program deficiency has not been corrected, the commissioner
       S. 4207                            92
    1  shall not thereafter be required to [reinspect] REVIEW the  facility  OR
    2  PROVIDER  OF SERVICES during the emergency period of suspension or limi-
    3  tation.
    4    (3)  During the sixty day suspension or limitation period provided for
    5  in paragraph one of this subdivision the  commissioner  shall  determine
    6  whether  to  reinstate  or  remove  the limitations on the facility's OR
    7  PROVIDER OF SERVICES' operating certificate or  to  revoke,  suspend  or
    8  limit  the  operating  certificate  pursuant  to subdivision (a) of this
    9  section. Should the commissioner choose to revoke, suspend or limit  the
   10  operating  certificate,  then  the  emergency  suspension  or limitation
   11  provided for in this subdivision shall  remain  in  effect  pending  the
   12  outcome  of  an  administrative hearing on the revocation, suspension or
   13  limitation.
   14    (4) The facility operator OR PROVIDER OF SERVICES, within ten days  of
   15  the  date  when the emergency suspension or limitation pursuant to para-
   16  graph one of this subdivision is first imposed, may request an evidenti-
   17  ary hearing to contest the validity of the emergency suspension or limi-
   18  tation. Such an evidentiary hearing shall commence within  ten  days  of
   19  the  facility  operator's  OR  PROVIDER'S  request and no request for an
   20  adjournment shall be granted without the  concurrence  of  the  facility
   21  operator  OR  PROVIDER  OF SERVICE, office for people with developmental
   22  disabilities, and the hearing officer. The evidentiary hearing shall  be
   23  limited  to  those  violations  of federal and state law and regulations
   24  that existed at the time of the emergency suspension or  limitation  and
   25  which gave rise to the emergency suspension or limitation. The emergency
   26  suspension  or  limitation shall be upheld upon a determination that the
   27  office for people with developmental disabilities had  reasonable  cause
   28  to  believe that a [client's] INDIVIDUAL'S health or safety was in immi-
   29  nent danger. A record of such hearing shall be  made  available  to  the
   30  facility  operator  OR  PROVIDER  OF  SERVICE  upon  request. Should the
   31  commissioner determine to revoke, suspend or limit [the  facility's]  AN
   32  operating  certificate  pursuant  to subdivision (a) of this section, no
   33  administrative hearing on  that  action  shall  commence  prior  to  the
   34  conclusion  of  the  evidentiary hearing. The commissioner shall issue a
   35  ruling within ten days  after  the  receipt  of  the  hearing  officer's
   36  report.
   37    (c)  When  the  holder  of  an  operating certificate shall request an
   38  opportunity to be heard, the commissioner shall fix a time and place for
   39  the hearing. A copy of the charges, together with the notice of the time
   40  and place of the hearing, shall be served in person or mailed by  regis-
   41  tered or certified mail to the facility OR PROVIDER OF SERVICES at least
   42  ten days before the date fixed for the hearing. The facility OR PROVIDER
   43  OF  SERVICES  shall file with the office, not less than three days prior
   44  to the hearing, a written answer to the charges.
   45    (d) (1) When a hearing must be afforded pursuant to  this  section  or
   46  other  provisions  of  this article, the commissioner, acting as hearing
   47  officer, or any person designated by him  OR  HER  as  hearing  officer,
   48  shall have power to:
   49    a. administer oaths and affirmations;
   50    b. issue subpoenas, which shall be regulated by the civil practice law
   51  and rules;
   52    c. take testimony; or
   53    d. control the conduct of the hearing.
   54    (2)  The  rules  of  evidence  observed by courts need not be observed
   55  except that the rules of privilege recognized by law shall be respected.
   56  Irrelevant or unduly repetitious evidence may be excluded.
       S. 4207                            93
    1    (3) All parties shall have the right of counsel  and  be  afforded  an
    2  opportunity to present evidence and cross-examine witnesses.
    3    (4)  If evidence at the hearing relates to the identity, condition, or
    4  clinical record of [a client] AN INDIVIDUAL,  the  hearing  officer  may
    5  exclude  all  persons  from  the  room except parties to the proceeding,
    6  their counsel and the witness. The record of such proceeding  shall  not
    7  be  available  to  anyone  outside the office, other than a party to the
    8  proceeding or his counsel, except by order of a court of record.
    9    (5) The commissioner may establish regulations to govern  the  hearing
   10  procedure and the process of determination of the proceeding.
   11    (6)  The  commissioner  shall issue a ruling within ten days after the
   12  termination of the hearing or, if a hearing officer has been designated,
   13  within ten days from the hearing officer's report.
   14    (e) All orders or determinations hereunder shall be subject to  review
   15  as  provided  in  article  seventy-eight  of  the civil practice law and
   16  rules.
   17    (f) (1) Except as provided  in  paragraph  two  of  this  subdivision,
   18  anything  contained  in this section to the contrary notwithstanding, an
   19  operating certificate of a facility OR  PROVIDER  OF  SERVICE  shall  be
   20  revoked  upon  a  finding by the office that any individual, member of a
   21  partnership or shareholder of a corporation to whom or to which an oper-
   22  ating certificate has been issued, has been convicted of a class A, B or
   23  C felony or a felony related in any  way  to  any  activity  or  program
   24  subject to the regulations, supervision, or administration of the office
   25  or  of the office of temporary and disability assistance, the department
   26  of health, or another office of the department of mental hygiene, or  in
   27  violation  of  the public officers law in a court of competent jurisdic-
   28  tion of the state, or in a court in  another  jurisdiction  for  an  act
   29  which would have been a class A, B or C felony in this state or a felony
   30  in  any way related to any activity or program which would be subject to
   31  the regulations, supervision, or administration of the office or of  the
   32  office of temporary and disability assistance, the department of health,
   33  or  another  office  of  the department of mental hygiene, or for an act
   34  which would be in violation of the public officers law. The commissioner
   35  shall not revoke or limit the operating certificate of any  facility  OR
   36  PROVIDER  OF  SERVICE,  solely because of the conviction, whether in the
   37  courts of this state or in the courts of another jurisdiction, more than
   38  ten years prior to the effective date of such revocation or  limitation,
   39  of any person of a felony, or what would amount to a felony if committed
   40  within  the  state,  unless  the commissioner makes a determination that
   41  such conviction was related to an activity or  program  subject  to  the
   42  regulations,  supervision,  and  administration  of the office or of the
   43  office of temporary and disability assistance, the department of health,
   44  or another office of the department of mental hygiene, or  in  violation
   45  of the public officers law.
   46    (2)  In the event one or more members of a partnership or shareholders
   47  of a corporation shall have been convicted of a felony as  described  in
   48  paragraph  one  of this subdivision, the commissioner shall, in addition
   49  to his OR HER other powers, limit the existing operating certificate  of
   50  such  partnership  or  corporation  so  that  it shall apply only to the
   51  remaining partner or shareholders, as the case  may  be,  provided  that
   52  every  such convicted person immediately and completely ceases and with-
   53  draws from participation in the management and operation of the facility
   54  OR PROVIDER OF SERVICES and further provided that a change of  ownership
   55  or  transfer of stock is completed without delay, and provided that such
   56  partnership or corporation shall immediately reapply for  a  certificate
       S. 4207                            94
    1  of  operation pursuant to subdivision (a) of section 16.05 of this arti-
    2  cle.
    3    (g)  The commissioner may impose a fine upon a finding that the holder
    4  of the certificate has failed to comply with the terms of the  operating
    5  certificate  or  with  the provisions of any applicable statute, rule or
    6  regulation. The maximum amount  of  such  fine  shall  be  one  thousand
    7  dollars per day or fifteen thousand dollars per violation.
    8    Such penalty may be recovered by an action brought by the commissioner
    9  in  any  court  of  competent jurisdiction OR BY OFFSETTING SUCH PENALTY
   10  AGAINST A FUTURE MEDICAID OR OFFICE PAYMENT TO SUCH PROVIDER.
   11    Such penalty may be released or compromised by the commissioner before
   12  the matter has been referred to the attorney general. Any  such  penalty
   13  may  be  released or compromised and any action commenced to recover the
   14  same may be settled or discontinued by the  attorney  general  with  the
   15  consent of the commissioner.
   16    (h)  Where  a proceeding has been brought pursuant to section 16.27 of
   17  this article, and a receiver appointed pursuant thereto, the commission-
   18  er may assume operation of the facility subject  to  such  receivership,
   19  upon  termination  of  such  receivership, and upon showing to the court
   20  having jurisdiction over such receivership  that  no  voluntary  associ-
   21  ation, not-for-profit corporation or other appropriate provider is will-
   22  ing  to  assume operation of the facility subject to receivership and is
   23  capable of meeting the requirements of this article; provided  that  the
   24  commissioner  notifies  the  chairman  of  the  assembly  ways and means
   25  committee, the chairman of the senate finance committee and the director
   26  of the budget of his intention to assume operation of such facility upon
   27  service of the order to show cause upon the owner  or  operator  of  the
   28  facility, pursuant to subdivision (b) of section 16.27 of this article.
   29    S  13.  Paragraph  5 of subdivision (a) of section 16.29 of the mental
   30  hygiene law, as amended by section 9 of part C of  chapter  501  of  the
   31  laws of 2012, is amended to read as follows:
   32    (5) removing a service recipient when it is determined that there is a
   33  risk  to  such  person if he or she continues to remain in a facility OR
   34  SERVICE PROGRAM; and
   35    S 14. Paragraph (ii) of subdivision (c) of section 16.29 of the mental
   36  hygiene law, as amended by section 9 of part C of  chapter  501  of  the
   37  laws of 2012, is amended to read as follows:
   38    (ii)  development and implementation of a plan of prevention and reme-
   39  diation, in the event an investigation of a report of an alleged report-
   40  able incident exists and such reportable incident may be  attributed  in
   41  whole  or  in  part  to  noncompliance  by  the  facility OR PROVIDER OF
   42  SERVICES with the provisions of  this  chapter  or  regulations  of  the
   43  office  applicable  to  the  operation  of  such facility OR PROVIDER OF
   44  SERVICES.  Any plan of prevention and remediation required to be  devel-
   45  oped pursuant to this subdivision by a facility supervised by the office
   46  shall  be  submitted  to  and approved by such office in accordance with
   47  time limits established by regulations of such office. Implementation of
   48  the plan shall be monitored by such office. In reviewing  the  continued
   49  qualifications  of  a  residential  facility  OR PROVIDER OF SERVICES or
   50  program for an operating certificate, the  office  shall  evaluate  such
   51  facility's  OR PROVIDER OF SERVICE'S compliance with plans of prevention
   52  and remediation developed and implemented pursuant to this subdivision.
   53    S 15. This act shall take effect immediately.
   54                                   PART T
       S. 4207                            95
    1    Section 1. Subdivision (a) of section 41.35 of the mental hygiene law,
    2  as amended by chapter 658 of the laws of 1977, is  amended  to  read  as
    3  follows:
    4    (a)  The commissioners of the offices in the department shall cause to
    5  be  developed  plans  for  three  or  more  time-limited   demonstration
    6  programs, the purpose of which shall be to test and evaluate new methods
    7  or  arrangements  for  organizing,  financing,  staffing  and  providing
    8  services for the mentally disabled in order to determine the  desirabil-
    9  ity  of such methods or arrangements. Subject to regulations established
   10  by the commissioners and notwithstanding SECTIONS ONE HUNDRED TWELVE AND
   11  ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,  SECTION  ONE  HUNDRED
   12  FORTY-TWO  OF  THE  ECONOMIC  DEVELOPMENT LAW, OR any other provision of
   13  law, such programs may include but shall not be limited to comprehensive
   14  organizational structures to serve all mentally disabled persons  within
   15  the  purview  of  a  local  governmental  unit, innovative financing and
   16  staffing arrangements and specific programs to serve the mentally  disa-
   17  bled.  Such  demonstration programs shall be consistent with established
   18  statewide goals and objectives and local comprehensive plans,  shall  be
   19  developed  in conjunction with the local comprehensive planning process,
   20  and shall be submitted to the single agent  jointly  designated  by  the
   21  commissioners  of  the department for review and approval by the commis-
   22  sioner or commissioners having jurisdiction of the services.
   23    S 2. This act shall take effect immediately.
   24                                   PART U
   25  Section 1. Short title. This act shall be known and may be cited as  the
   26  "employment first choice act".
   27    S  2.  Legislative  intent. The legislature hereby supports increasing
   28  access to integrated employment settings for individuals  with  develop-
   29  mental  disabilities.  The legislature additionally finds, however, that
   30  the policy to increase integrated  employment  opportunities  shall  not
   31  preclude  an individual's right to choose either an integrated or nonin-
   32  tegrated setting in accordance with such individual's  personal  wishes.
   33  Furthermore,  the legislature supports an individual's wish to remain in
   34  a nonintegrated setting in order to, among  other  personal  priorities,
   35  retain  friendships,  continue their participation in their community as
   36  they so choose, and, in some instances, maintain their ability to earn a
   37  paycheck.
   38    The legislature, therefore, finds that individuals with  developmental
   39  disabilities,  who  currently  participate  in  a nonintegrated setting,
   40  should be allowed to choose to remain in such a setting. To require such
   41  individuals to transition out of this chosen environment undermines  the
   42  guiding  Supreme Court decision in Olmstead v. L.C., which held that the
   43  Americans with Disabilities Act of 1990 requires placement  of  individ-
   44  uals  with developmental disabilities in integrated settings rather than
   45  nonintegrated settings, but only when such a transfer is not opposed  by
   46  the  affected  individual. The legislature, therefore, declares this act
   47  to be a priority of  the  state's  actions  affecting  individuals  with
   48  developmental disabilities.
   49    S  3.  The mental hygiene law is amended by adding a new section 16.02
   50  to read as follows:
   51  S 16.02 INDIVIDUAL'S RIGHT OF CHOICE.
   52    ANY INDIVIDUAL WITH A DEVELOPMENTAL DISABILITY WHO IS PARTICIPATING IN
   53  A NONINTEGRATED SETTING INCLUDING, BUT NOT LIMITED TO, A SHELTERED WORK-
   54  SHOP, AND WHO CHOOSES TO REMAIN IN  A  NONINTEGRATED  SETTING  MAY  SEEK
       S. 4207                            96
    1  ACCOMMODATION  FROM  THE  COMMISSIONER TO ALLOW SUCH PLACEMENT, PROVIDED
    2  THAT PENDING SUCH REQUEST THE INDIVIDUAL MAY REMAIN IN THE NONINTEGRATED
    3  SETTING.
    4    (A)  ACCOMMODATIONS  SHALL BE GRANTED AT THE DISCRETION OF THE COMMIS-
    5  SIONER, WHO MAY ALSO REQUIRE THAT THE INDIVIDUAL HAS COMPLETED AT  LEAST
    6  ONE OF THE FOLLOWING:
    7    (1)  PARTICIPATION  IN  AT  LEAST ONE VOCATIONAL ASSESSMENT EVERY FIVE
    8  YEARS IN ACCORDANCE WITH REGULATIONS PROMULGATED  BY  THE  COMMISSIONER.
    9  THE  PRIMARY PURPOSE OF A VOCATIONAL ASSESSMENT SHALL BE TO DETERMINE AN
   10  INDIVIDUAL'S INTERESTS, STRENGTHS AND ABILITIES, IN ORDER TO IDENTIFY  A
   11  SUITABLE  MATCH  BETWEEN  THE  INDIVIDUAL  AND  A COMPETITIVE INTEGRATED
   12  EMPLOYMENT SETTING;
   13    (2) COMPLETION OF ONE TRIAL  INTEGRATED  WORK  EXPERIENCE  EVERY  FIVE
   14  YEARS,  WHICH  CAN  INCLUDE  ANY  WORK EXPERIENCE WITH OR WITHOUT PAY IN
   15  WHICH THE INDIVIDUAL WORKS ALONGSIDE NON-DISABLED  COWORKERS,  CUSTOMERS
   16  OR  PEERS,  WITH  THE APPROPRIATE SERVICES AND SUPPORTS FOR A SUFFICIENT
   17  PERIOD OF TIME TO ESTABLISH WHETHER AN  INDIVIDUAL'S  INTERESTS,  SKILLS
   18  AND  ABILITIES  ARE  WELL-SUITED FOR THE PARTICULAR JOB. THE TRIAL INTE-
   19  GRATED WORK EXPERIENCE SHALL BE SELECTED THROUGH A PERSON-CENTERED PLAN-
   20  NING PROCESS AND SHALL BE INDIVIDUALLY TAILORED TO EACH PERSON. ALTERNA-
   21  TIVELY, THE COMMISSIONER SHALL CONSIDER THE  INDIVIDUAL'S  DEMONSTRATION
   22  OF  AN  INABILITY  TO PARTICIPATE IN AN INTEGRATED WORK SETTING DUE TO A
   23  DOCUMENTED MEDICAL CONDITION THAT POSES AN IMMEDIATE AND SERIOUS  THREAT
   24  TO  THE INDIVIDUAL'S HEALTH OR SAFETY, OR THE HEALTH OR SAFETY OF OTHERS
   25  IN AN INTEGRATED WORK SETTING;
   26    (3) RECEIPT OF OUTREACH, EDUCATION AND SUPPORT SERVICES IN  ACCORDANCE
   27  WITH  REGULATIONS  PROMULGATED  BY THE COMMISSIONER. OUTREACH, EDUCATION
   28  AND SUPPORT SERVICES ARE SERVICES DESIGNED TO EXPLAIN  THE  BENEFITS  OF
   29  SUPPORTED  EMPLOYMENT,  AS  DEFINED IN SUBDIVISION ELEVEN OF SECTION ONE
   30  THOUSAND TWO OF THE EDUCATION LAW, THAT ADDRESS CONCERNS OF FAMILIES AND
   31  PERCEIVED OBSTACLES TO PARTICIPATION,  AND  ARE  DESIGNED  TO  ENCOURAGE
   32  INDIVIDUALS  IN  DAY  ACTIVITY  SERVICE PROGRAMS, INCLUDING IN SHELTERED
   33  WORKSHOPS AND FACILITY-BASED DAY PROGRAMS, AND THEIR  FAMILIES  TO  SEEK
   34  SUPPORTED  EMPLOYMENT  SERVICES,  AS DEFINED UNDER SUBDIVISION TWELVE OF
   35  SECTION ONE THOUSAND TWO OF THE EDUCATION LAW; OR
   36    (4) INVOLVEMENT IN A BENEFITS COUNSELING  CONSULTATION  IN  ACCORDANCE
   37  WITH  REGULATIONS  PROMULGATED BY THE COMMISSIONER. A BENEFIT COUNSELING
   38  CONSULTATION SHALL PROVIDE INFORMATION TO THE INDIVIDUAL AND HIS OR  HER
   39  FAMILY OR GUARDIAN ABOUT THE IMPACT OF EARNED INCOME ON THE INDIVIDUAL'S
   40  PUBLIC BENEFITS.
   41    (B)  THE OFFICE SHALL ENSURE THAT INDIVIDUALS WHO ARE GRANTED ACCOMMO-
   42  DATION TO PARTICIPATE IN  A  NONINTEGRATED  SETTING  SHALL  CONTINUE  TO
   43  RECEIVE  SERVICES  AND ANY ADDITIONAL SERVICES THE OFFICE DETERMINES ARE
   44  NECESSARY TO ENABLE THE INDIVIDUAL'S  MEANINGFUL  PARTICIPATION  IN  THE
   45  CHOSEN SETTING.
   46    (C) THE PROCEDURES FOR OBTAINING ACCOMMODATION TO REMAIN IN A NONINTE-
   47  GRATED  SETTING  SHALL  NOT SUPERSEDE NOR BAR THE INDIVIDUAL'S CHOICE TO
   48  REMAIN IN A NONINTEGRATED SETTING.
   49    (D) THE ACCOMMODATION TO REMAIN IN A NONINTEGRATED SETTING  SHALL  NOT
   50  DIMINISH  THE  INDIVIDUAL'S  ELIGIBILITY  FOR  RECEIPT OF SERVICES UNDER
   51  TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW, AND SUCH  INDI-
   52  VIDUAL'S  ELIGIBILITY  TO  RECEIVE  SUCH SERVICES SHALL BE SUBSTANTIALLY
   53  SIMILAR TO BENEFITS THAT WOULD HAVE BEEN  RECEIVED  HAD  THE  INDIVIDUAL
   54  CHOSEN TO PARTICIPATE IN AN INTEGRATED SETTING.
       S. 4207                            97
    1    (E) THE COMMISSIONER IS AUTHORIZED TO ISSUE, AMEND OR REPEAL ANY REGU-
    2  LATIONS AS HE OR SHE SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF
    3  THIS SECTION.
    4    S  4.  The  commissioner of developmental disabilities shall amend and
    5  resubmit to the Federal Centers for Medicare and Medicaid  Services  the
    6  final New York plan to increase competitive employment opportunities for
    7  people  with  developmental disabilities, as approved on May 1, 2014, in
    8  order to secure the continued federal financial participation for prevo-
    9  cational services and any other necessary federal funds for those  indi-
   10  viduals  choosing a sheltered workshop setting pursuant to section 16.02
   11  of the mental hygiene law.  The  plan,  as  amended  according  to  this
   12  section,  shall  stipulate  that  facility-based  prevocational services
   13  shall continue to be eligible for federal funding, as  allowed  by  such
   14  centers'  stated policy that its regulations do not prohibit individuals
   15  from receiving prevocational services in a facility-based setting,  such
   16  as  a sheltered workshop, as referenced in its Informational Bulletin on
   17  Employment Services dated September 16, 2011, and its  related  document
   18  titled "HCBS Final Regulations 42 C.F.R. Part 441: Questions and Answers
   19  Regarding   Home   and   Community-Based  Settings;  Public  Notice  and
   20  Comments".
   21    S 5. This act shall take effect immediately.
   22                                   PART V
   23    Section 1. Section 13.17 of the  mental  hygiene  law  is  amended  by
   24  adding a new subdivision (d) to read as follows:
   25    (D)  1. THE COMMISSIONER SHALL ENSURE FOR CONTINUITY OF CARE FOR INDI-
   26  VIDUALS WITH A DEVELOPMENTAL DISABILITY TRANSITIONING TO  LESS  RESTRIC-
   27  TIVE  SETTINGS  PURSUANT  TO  ANY  CLOSURE, CONSOLIDATION, MERGER OR ANY
   28  OTHER ACTION  THAT  DIMINISHES  CURRENT  STATE  OPERATED  SERVICES.  THE
   29  COMMISSIONER SHALL ENSURE THAT INDIVIDUALS WITH A DEVELOPMENTAL DISABIL-
   30  ITY  SO AFFECTED ARE GIVEN THE OPTION OF TRANSITIONING TO STATE OPERATED
   31  SERVICES WITHIN THE  DEVELOPMENTALLY  DISABLED  SERVICE  OFFICES  REGION
   32  WHERE THEY ARE CURRENTLY RECEIVING SERVICES. IF NO SUCH STATE SERVICE AS
   33  REQUESTED  BY  THE  INDIVIDUALS WITH A DEVELOPMENTAL DISABILITY OR THEIR
   34  PARENT, GUARDIAN OR ADVOCATE ARE AVAILABLE THEN  SUCH  INDIVIDUAL  SHALL
   35  REMAIN  IN  THE FACILITY OR RESIDENCE UNTIL SAID SERVICES ARE AVAILABLE.
   36  THE COMMISSIONER SHALL DOCUMENT EACH OFFER OF  STATE  OPERATED  OPPORTU-
   37  NITIES AND SHALL RETAIN A RECORD OF THE SERVICES OFFERED.
   38    2. IN THE EVENT NO SERVICES DESIRED BY THE INDIVIDUALS THAT ARE DEVEL-
   39  OPMENTALLY  DISABLED  ARE EITHER AVAILABLE OR EXIST WITHIN CURRENT STATE
   40  OPERATED SERVICES, THE OFFICE SHALL RECORD THE NAME, PARENT, GUARDIAN OR
   41  ADVOCATE AND SERVICES THEY ARE SEEKING. THE COMMISSIONER SHALL DEVELOP A
   42  RECORD OF SERVICES FOR STATE OPERATED SUPPORTIVE PLACEMENT OPTIONS  THAT
   43  ARE NOT AVAILABLE WITH A PLAN TO ADDRESS THE UNMET NEEDS FOR THE FOLLOW-
   44  ING  FISCAL  YEAR. SUCH COMMISSIONER SHALL SUBMIT THE PLAN TO THE TEMPO-
   45  RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  NO  LATER
   46  THAN DECEMBER THIRTY-FIRST OF EACH YEAR.
   47    S 2. This act shall take effect immediately.
   48                                   PART W
   49    Section 1. Section 7.17 of the mental hygiene law is amended by adding
   50  a new subdivision (g) to read as follows:
   51    (G) THE COMMISSIONER SHALL PROVIDE MONTHLY STATUS REPORTS ON COMMUNITY
   52  INVESTMENTS  AND  THE  IMPACT  ON  INPATIENT CENSUS TO THE CHAIRS OF THE
       S. 4207                            98
    1  SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE. SUCH
    2  REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
    3    (1) A STATE OPERATED PSYCHIATRIC FACILITY CENSUS;
    4    (2) LOW TO HIGH CENSUS RANGE;
    5    (3) AVERAGE DAILY CENSUS;
    6    (4) ADMISSIONS AND DISCHARGES;
    7    (5)  PSYCHIATRIC  READMISSIONS  TO  HOSPITALS  AND EMERGENCY ROOMS FOR
    8  STATE PC DISCHARGES;
    9    (6) PSYCHIATRIC READMISSIONS TO  HOSPITALS  AND  EMERGENCY  ROOMS  FOR
   10  ARTICLE  TWENTY-EIGHT  AND ARTICLE THIRTY-ONE HOSPITALS PSYCHIATRIC UNIT
   11  DISCHARGES;
   12    (7) MEDICAID EMERGENCY ROOM PSYCHIATRIC VISITS;
   13    (8) DESCRIPTIONS OF NEW COMMUNITY SERVICE REINVESTMENTS;
   14    (9) AN EXPLANATION OF ANY MATERIAL CENSUS REDUCTIONS;
   15    (10) MEDIAN LENGTH OF STAY AT EACH FACILITY;
   16    (11) THE NUMBER OF INDIVIDUALS WHO ARE LONG STAY AT EACH FACILITY;
   17    (12) THE NUMBER OF INDIVIDUALS OUT OF THE CATCHMENT AREA ADMITTED INTO
   18  FACILITIES IN THE CATCHMENT AREA;
   19    (13) THE NUMBER OF INDIVIDUALS IN THE  CATCHMENT  AREA  ADMITTED  INTO
   20  FACILITIES OUT OF THE CATCHMENT AREA;
   21    (14)  ARTICLE TWENTY-EIGHT AND THIRTY-ONE HOSPITAL REINVESTMENT SUMMA-
   22  RIES PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS OF TWO  THOUSAND  FOUR-
   23  TEEN  FOR  SERVICES  AND  EXPENSES  OF THE MEDICAL ASSISTANCE PROGRAM TO
   24  ADDRESS  COMMUNITY  MENTAL  HEALTH  SERVICE  NEEDS  RESULTING  FROM  THE
   25  REDUCTION OF PSYCHIATRIC INPATIENT SERVICES; AND
   26    (15) A GLOSSARY OF SERVICES.
   27    S  2. Section 13.17 of the mental hygiene law, as amended by section 1
   28  of part J of chapter 56 of the laws of  2012,  is  amended  to  read  as
   29  follows:
   30  S 13.17 Programs, services, and operations in the office for people with
   31            developmental disabilities.
   32    (a)  The  commissioner  shall  establish policy and procedures for the
   33  organization, administration, and service delivery system under  his  or
   34  her jurisdiction and shall make provision for the effective rendition of
   35  supports and services to individuals with developmental disabilities.
   36    (b) There shall be, within the state operations offices of the office,
   37  the  developmental disabilities services offices named below serving the
   38  areas either currently or previously served by a school,  for  the  care
   39  and  treatment  of  persons  with  developmental  disabilities  and  for
   40  research and teaching in the science and skills required  for  the  care
   41  and treatment of such persons with developmental disabilities:
   42    Bernard M. Fineson Developmental Disabilities Services Office
   43    Brooklyn Developmental Disabilities Services Office
   44    Broome Developmental Disabilities Services Office
   45    Capital District Developmental Disabilities Services Office
   46    Central New York Developmental Disabilities Services Office
   47    Finger Lakes Developmental Disabilities Services Office
   48    Institute for Basic Research in Developmental Disabilities
   49    Hudson Valley Developmental Disabilities Services Office
   50    Metro New York Developmental Disabilities Services Office
   51    Long Island Developmental Disabilities Services Office
   52    Sunmount Developmental Disabilities Services Office
   53    Taconic Developmental Disabilities Services Office
   54    Western New York Developmental Disabilities Services Office
   55    Staten Island Developmental Disabilities Services Office
       S. 4207                            99
    1    The New York State Institute for Basic Research in Developmental Disa-
    2  bilities  is  designated  as  an  institute  for  the conduct of medical
    3  research and other scientific investigation directed towards  furthering
    4  knowledge of the etiology, diagnosis, treatment and prevention of devel-
    5  opmental disabilities.
    6    (c) The commissioner shall establish, at his or her discretion, devel-
    7  opmental  disabilities  regional offices and shall establish state oper-
    8  ations offices that provide for the  direct  delivery  of  supports  and
    9  services by the office for people with developmental disabilities.
   10    [(c)]  (D) The commissioner may authorize other offices of the depart-
   11  ment and any public or  private  non-profit  organization  or  political
   12  subdivision of the state to deliver supports and services to individuals
   13  with  developmental disabilities, not inconsistent with the programs and
   14  objectives of the office in any facility  under  his  jurisdiction.  The
   15  commissioner  may  permit any facility under his jurisdiction to operate
   16  programs for persons with mental  disabilities,  not  inconsistent  with
   17  programs and objectives of the department, under contracts or agreements
   18  with other offices within the department.
   19    (E)  THE  COMMISSIONER  SHALL  PROVIDE  MONTHLY  STATUS REPORTS TO THE
   20  CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS  AND  MEANS
   21  COMMITTEE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   22    (1) CURRENT CENSUS BY FACILITY;
   23    (2) ADMISSIONS AND DISCHARGES;
   24    (3) THE NUMBER OF INDIVIDUALS WHO ARE LONG STAY AT EACH FACILITY;
   25    (4) AN EXPLANATION OF ANY SIGNIFICANT CENSUS REDUCTIONS; AND
   26    (5)  COMMUNITY  SERVICES  PROVIDED  TO INDIVIDUALS LEAVING FACILITIES,
   27  INCLUDING THOSE INDIVIDUALS WITH COMPLEX NEEDS.
   28    S 3. This act shall take effect immediately.
   29                                   PART X
   30    Section 1. The commissioner of the office  for  people  with  develop-
   31  mental  disabilities,  in collaboration with the developmental disabili-
   32  ties advisory council established  pursuant  to  section  13.05  of  the
   33  mental hygiene law, shall develop a plan for implementing the front door
   34  process. Such commissioner shall submit the plan to the temporary presi-
   35  dent of the senate and the speaker of the assembly no later than January
   36  1,  2016  and  implement  guidelines  putting the plan into effect on or
   37  after April 1, 2016, but no later than July 1, 2016.  The plan shall:
   38    (a) Provide clear and specific guidelines outlining the  criteria  for
   39  when self-direction is and is not appropriate for individuals.
   40    (b)  Provide guidelines for a clear, expeditious and transparent proc-
   41  ess for allocating residential placements and other critical services to
   42  persons based on their individual needs. Such process shall be  consist-
   43  ent across the state and where exceptions are made such exceptions shall
   44  be  made  in  explicit  recognition  of clear and rational factors. Such
   45  guidelines shall:
   46    (1) Ensure that critical needs are met in a timely fashion;
   47    (2) Provide an expedited appeals process to review and finally  deter-
   48  mine  authorized  requests  for critical services when the state has not
   49  granted such a request promptly considering the circumstances, provided,
   50  however, that such appeal must be authorized if the request has not been
   51  granted within ten business days;
   52    (3) Provide linguistically and culturally appropriate  information  on
   53  services  and  access to services in a universally clear and transparent
   54  manner;
       S. 4207                            100
    1    (4) Provide designated staff which  may  include  a  Medicaid  service
    2  coordinator  to assist prospective service recipients and their families
    3  with navigating the front door process;
    4    (5)  Provide a process to ensure that people in crisis are not subject
    5  to the front door process and receive immediate services;
    6    (6) Report on the extent to which the front door  policy,  as  it  has
    7  been  implemented,  is  consistent  with applicable requirements for the
    8  home and community  based  waiver  regarding  timeliness  of  decisions,
    9  comprehensiveness  of necessary services, choice, persons centered plan-
   10  ning and other matters affecting the  appropriateness  and  adequacy  of
   11  services for people with developmental disabilities.
   12    (7)  Provide  guidelines  to  facilitate and support the evaluation of
   13  post-secondary options for individuals with  developmental  disabilities
   14  consistent  with  subparagraph  5  of  paragraph  b  of subdivision 1 of
   15  section 4402 of the education law.
   16    S 2. This act shall take effect immediately.
   17                                   PART Y
   18    Section 1. Section 13.15 of the  mental  hygiene  law  is  amended  by
   19  adding a new subdivision (c) to read as follows:
   20    (C)  (1)  FOR  PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
   21  HAVE THE FOLLOWING MEANINGS:
   22    (A) "DIRECT  SUPPORT  PROFESSIONALS"  MEANS  DIRECT  SUPPORT  WORKERS,
   23  DIRECT CARE WORKERS, PERSONAL ASSISTANTS, PERSONAL ATTENDANTS, AND PARA-
   24  PROFESSIONALS  THAT PROVIDE ASSISTANCE TO INDIVIDUALS WITH DEVELOPMENTAL
   25  DISABILITIES IN THE FORM OF DAILY LIVING, AND PROVIDE THE  HABILITATION,
   26  REHABILITATION,  AND  VOCATIONAL AND EDUCATIONAL NEEDS OF THESE INDIVID-
   27  UALS.
   28    (B)  "LICENSED  PROFESSIONALS"  MEANS  PHYSICIANS,  DENTISTS,   DENTAL
   29  HYGIENISTS,  DENTAL  ASSISTANTS, NURSE PRACTITIONERS, LICENSED PRACTICAL
   30  NURSES, REGISTERED NURSES, PSYCHIATRISTS, PSYCHOLOGISTS, LICENSED MASTER
   31  SOCIAL WORKERS, OR LICENSED CLINICAL SOCIAL WORKERS, LICENSED  TO  PRAC-
   32  TICE  PURSUANT  TO  THE  EDUCATION LAW AND OTHER QUALIFIED MENTAL HEALTH
   33  PROFESSIONALS.
   34    (C)  "SUPPORTS  AND  SERVICES"  MEANS  DIRECT  SUPPORT  PROFESSIONALS,
   35  LICENSED  PROFESSIONALS, EMPLOYMENT, TRANSPORTATION, DAY AND RESIDENTIAL
   36  SERVICES, INCLUDING, BUT NOT LIMITED TO, PRIVATE RESIDENCES,  COMMUNITY-
   37  INTEGRATED  LIVING  ARRANGEMENTS, SUPPORTED RESIDENTIAL PROGRAMS, SUPER-
   38  VISED RESIDENTIAL PROGRAMS, OR SUPPORTIVE HOUSING PROGRAMS.
   39    (2) THE COMMISSIONER SHALL CONDUCT AN ANNUAL  GEOGRAPHIC  ANALYSIS  OF
   40  SUPPORTS  AND SERVICES IN COMMUNITY SETTINGS FOR INDIVIDUALS WITH DEVEL-
   41  OPMENTAL DISABILITIES IN EACH COUNTY OF THE STATE IN ORDER  TO  IDENTIFY
   42  GAPS  BETWEEN  SUPPORTS AND SERVICES CURRENTLY PROVIDED AND SUPPORTS AND
   43  SERVICES BEING REQUESTED BY INDIVIDUALS IN EACH COUNTY OF THE STATE. THE
   44  ANALYSIS SHALL BE BASED UPON INFORMATION  CURRENTLY  MAINTAINED  BY  THE
   45  OFFICE.
   46    (A)  THE  COMMISSIONER  SHALL  CATEGORIZE  THE NEEDS FOR DEVELOPMENTAL
   47  DISABILITY SERVICES WITHIN A FRAMEWORK THAT ENCOMPASSES THREE LEVELS  OF
   48  URGENCY OF NEEDS.  THESE LEVEL OF SUPPORT NEEDS ARE: (I) EMERGENCY NEED,
   49  FOR  THOSE  PERSONS WITH DEVELOPMENTAL DISABILITIES IN NEED OF IMMEDIATE
   50  SUPPORT EITHER DAY SUPPORT OR IN-HOME  OR  OUT-OF-HOME  PLACEMENT;  (II)
   51  CRITICAL NEED FOR THOSE INDIVIDUALS WHO WILL HAVE A NEED FOR SUPPORTS OR
   52  SERVICES  WITHIN  ONE YEAR; AND (III) PLANNING FOR NEED, FOR THOSE INDI-
   53  VIDUALS WHOSE SUPPORT NEEDS ARE ONE TO FIVE YEARS  AWAY,  OR  WHERE  THE
   54  CAREGIVER'S PHYSICAL AND MENTAL WELL-BEING OR ABILITY IS COMPROMISED.
       S. 4207                            101
    1    (B) THE GEOGRAPHIC ANALYSIS SHALL INCLUDE:
    2    (I) THE STATEWIDE NUMBER OF INDIVIDUALS SEEKING SERVICES;
    3    (II)  INDIVIDUALS WHO HAVE REGISTERED FOR RESIDENTIAL PLACEMENT, RESI-
    4  DENTIAL SUPPORTS IN THE COMMUNITY, DAY SERVICE SUPPORT, HOME AND  COMMU-
    5  NITY-BASED   WAIVER   SUPPORT,  EMPLOYMENT  SUPPORT,  BEHAVIORAL  HEALTH
    6  SERVICES AND SUPPORTS, OR OTHER COMMUNITY-BASED SUPPORT;
    7    (III) RESIDENTIAL REGISTRY DATA SUCH AS:
    8    (I) THE TYPE OF SUPPORTS AND SERVICES SUCH INDIVIDUALS ARE SEEKING AND
    9  THE TYPES OF SUPPORTS  AND  SERVICES  SUCH  INDIVIDUAL  IS  EXPECTED  TO
   10  REQUIRE  BASED  UPON  INDIVIDUAL SERVICES PLANNING MODEL (ISPM) GROUPING
   11  SCORES DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE PLACE-
   12  MENT NEEDS AND OTHER NON-PLACEMENT NEEDS AND THE NUMBER OF SUCH  PERSONS
   13  WHO ARE MEDICALLY FRAIL REQUIRING INTENSIVE MEDICAL CARE;
   14    (II)  NON-CERTIFIED  RESIDENTIAL  PLACEMENTS  OUTSIDE  THE PARENT'S OR
   15  PARENTS' OR OTHER FAMILY CAREGIVER'S HOME;
   16    (III) THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY
   17  SERVICES WAIVER-FUNDED HABILITATION SERVICES AT HOME;
   18    (IV) THE TOTAL NUMBER OF INDIVIDUALS, WHO HAVE BEEN IDENTIFIED  AS  IN
   19  NEED  OF  SUPPORTS  AND  SERVICES  WHO  HAVE RECEIVED THESE SUPPORTS AND
   20  SERVICES AND ANY GAP BETWEEN SUPPORTS AND  SERVICES  REQUESTED  AND  THE
   21  SUPPORTS AND SERVICES PROVIDED;
   22    (V)  THE  NUMBER OF EMERGENCY NEED RESIDENTIAL PLACEMENTS FOR THE PAST
   23  YEAR AND OTHER SUPPORTS AND SERVICES PROVIDED ON AN EMERGENCY BASIS;
   24    (VI) THE NUMBER OF INDIVIDUALS WHO ARE  CURRENTLY  RECEIVING  SUPPORTS
   25  AND SERVICES, INCLUDING RESIDENTIAL SERVICES, WHO ARE AWAITING AN ALTER-
   26  NATIVE PLACEMENT OR ALTERNATIVE SUPPORT AND SERVICE DELIVERY OPTIONS;
   27    (VII)  THE  NUMBER  OF  INDIVIDUALS THE COMMISSIONER HAS IDENTIFIED AS
   28  HAVING AN EMERGENCY NEED, FOR THOSE PERSONS WITH DEVELOPMENTAL DISABILI-
   29  TIES IN NEED OF IMMEDIATE SUPPORT EITHER DAY SUPPORT OR IN-HOME OR  OUT-
   30  OF-HOME  PLACEMENT;  CRITICAL NEED FOR THOSE INDIVIDUALS WHO WILL HAVE A
   31  NEED FOR SUPPORTS OR SERVICES WITHIN ONE YEAR; AND  PLANNING  FOR  NEED,
   32  FOR THOSE INDIVIDUALS WHOSE SUPPORT NEEDS ARE ONE TO FIVE YEARS AWAY, OR
   33  WHERE  THE  CAREGIVER'S  PHYSICAL  AND  MENTAL  WELL-BEING OR ABILITY IS
   34  COMPROMISED; AND
   35    (VIII) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
   36    (3) IN ORDER TO PERFORM THE GEOGRAPHIC ANALYSIS OR TO GATHER DATA  FOR
   37  PURPOSES  OF  PERFORMING  THE  GEOGRAPHIC ANALYSIS, THE COMMISSIONER MAY
   38  WORK IN COOPERATION AND AGREEMENT WITH  OTHER  OFFICES,  DEPARTMENTS  OR
   39  AGENCIES  OF  THE STATE, LOCAL OR FEDERAL GOVERNMENT, OR OTHER ORGANIZA-
   40  TIONS AND INDIVIDUALS, WHICH  MAY  INCLUDE  PROVIDERS  OF  SERVICES  FOR
   41  PERSONS  WITH  DEVELOPMENTAL DISABILITIES, REPRESENTATIVES FROM EMPLOYEE
   42  ORGANIZATIONS REPRESENTING DIRECT CARE WORKERS, CONSUMER REPRESENTATIVES
   43  INCLUDING PERSONS WITH DEVELOPMENTAL DISABILITIES, OR THEIR  PARENTS  OR
   44  GUARDIANS.
   45    (4)  THE  COMMISSIONER SHALL MAKE PUBLIC EACH ANNUAL ANALYSIS NO LATER
   46  THAN THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE END OF THE PRECEDING
   47  YEAR, BY POSTING THE DATA ON THE OFFICE WEBSITE.
   48    S 2. This act shall take effect immediately.
   49                                   PART Z
   50    Section 1. Section 6801-a of the education law, as added by chapter 21
   51  of the laws of 2011, is amended to read as follows:
   52    S  6801-a.  Collaborative  drug  therapy   management   [demonstration
   53  program]. 1. As used in this section, the following terms shall have the
   54  following meanings:
       S. 4207                            102
    1    a.  "Collaborative drug therapy management" shall mean the performance
    2  of services by a pharmacist  relating  to  the  review,  evaluation  and
    3  management  of  drug  therapy  to  a  patient, who is being treated by a
    4  physician OR NURSE PRACTITIONER for a specific disease or disease state,
    5  in  accordance  with  a written agreement or protocol with a voluntarily
    6  participating physician OR NURSE PRACTITIONER and in accordance with the
    7  policies, procedures, and protocols of the facility. Such  agreement  or
    8  protocol  as  entered  into by the physician OR NURSE PRACTITIONER and a
    9  pharmacist, may include, and shall be limited to:
   10    (i) [adjusting or managing] PRESCRIBING IN ORDER TO ADJUST OR MANAGE a
   11  drug regimen of a patient, pursuant to a patient specific written  order
   12  or protocol made by the patient's physician OR NURSE PRACTITIONER, which
   13  may  include  adjusting  drug  strength,  frequency of administration or
   14  route of administration. Adjusting the drug regimen  shall  not  include
   15  substituting  or  selecting  a  different  drug  which differs from that
   16  initially prescribed by the patient's physician  OR  NURSE  PRACTITIONER
   17  unless such substitution is expressly authorized in the written order or
   18  protocol. The pharmacist shall be required to immediately enter into the
   19  patient  record any change or changes made to the patient's drug therapy
   20  and shall use any reasonable means or method established by the facility
   21  or the department to notify any of the patient's other  treating  physi-
   22  cians OR NURSE PRACTITIONERS with whom he or she does not have a written
   23  agreement or protocol regarding such changes. The patient's physician OR
   24  NURSE  PRACTITIONER may prohibit, by written instruction, any adjustment
   25  or change in the patient's drug regimen by the pharmacist;
   26    (ii) evaluating and, only if specifically authorized by  the  protocol
   27  and  only  to the extent necessary to discharge the responsibilities set
   28  forth in this section, ordering clinical laboratory tests related to the
   29  drug therapy management for the specific disease or disease state speci-
   30  fied within the protocol; and
   31    (iii) only if specifically authorized by the protocol and only to  the
   32  extent  necessary  to  discharge  the responsibilities set forth in this
   33  section, ordering or performing routine patient monitoring functions  as
   34  may  be necessary in the drug therapy management, including the collect-
   35  ing and reviewing of patient histories, and ordering or checking patient
   36  vital signs, including pulse, temperature, blood pressure  and  respira-
   37  tion.
   38    b.  "Written  agreement  or  protocol"  shall mean a written document,
   39  pursuant to and consistent with any applicable state or federal require-
   40  ments, that addresses a specific  disease  or  disease  state  and  that
   41  describes  the nature and scope of collaborative drug therapy management
   42  to be undertaken by the pharmacist, in collaboration  with  the  partic-
   43  ipating   physician  OR  NURSE  PRACTITIONER,  in  accordance  with  the
   44  provisions of this section.
   45    c. "Physician OR NURSE PRACTITIONER" shall mean the physician OR NURSE
   46  PRACTITIONER, selected by or assigned to  a  patient,  who  has  primary
   47  responsibility for the treatment and care of the patient for the disease
   48  or  disease  state that is the subject of the collaborative drug therapy
   49  management.
   50    d. "Facility" shall mean a [teaching] hospital, [including  any  diag-
   51  nostic  center,  treatment  center, or hospital-based outpatient depart-
   52  ment, however, for the purposes of this section, residential health care
   53  facilities and nursing homes shall be excluded] AS DEFINED  BY  SUBDIVI-
   54  SION  ONE  OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW.
   55  [For the purposes of this section, a "teaching hospital"  shall  mean  a
   56  hospital  licensed pursuant to article twenty-eight of the public health
       S. 4207                            103
    1  law that is eligible to receive  direct  or  indirect  graduate  medical
    2  education payments pursuant to article twenty-eight of the public health
    3  law.]  IN ADDITION, A FACILITY MAY ALSO INCLUDE UP TO FIFTEEN COMMUNITY-
    4  PRACTICE  SITES,  SELECTED  BY  THE  DEPARTMENT IN CONSULTATION WITH THE
    5  DEPARTMENT OF HEALTH, WHERE PHARMACISTS AND PHYSICIANS OR NURSE  PRACTI-
    6  TIONERS  MAY  PROPOSE TO ENTER INTO COLLABORATIVE ARRANGEMENTS, PURSUANT
    7  TO THE PROVISIONS OF THIS SECTION. SUCH SITES SHALL  BE  SELECTED  BASED
    8  UPON  A REVIEW OF APPLICATIONS SUBMITTED TO THE DEPARTMENT BY SUCH PHAR-
    9  MACISTS AND PHYSICIANS OR NURSE PRACTITIONERS,  WHICH  DEMONSTRATE  THAT
   10  THE APPLICANTS CAN SATISFY THE REQUIREMENTS OF THIS SECTION.
   11    2.  a. A pharmacist who meets the experience requirements of paragraph
   12  b of this subdivision and who is EITHER employed by or otherwise  affil-
   13  iated with a facility OR IS PARTICIPATING WITH A COMMUNITY-PRACTICE SITE
   14  SELECTED  PURSUANT  TO  PARAGRAPH  D  OF SUBDIVISION ONE OF THIS SECTION
   15  shall be permitted to enter into a written agreement or protocol with  a
   16  physician  OR  NURSE PRACTITIONER authorizing collaborative drug therapy
   17  management, subject to the limitations set forth in this section, within
   18  the scope of such employment [or], affiliation OR PARTICIPATION.
   19    b. A participating pharmacist must:
   20    (i)(A) have been awarded either a master of science in clinical  phar-
   21  macy or a doctor of pharmacy degree;
   22    (B) maintain a current unrestricted license; and
   23    (C) have a minimum of two years experience, of which at least one year
   24  of such experience shall include clinical experience in a health facili-
   25  ty,  which  involves consultation with physicians OR NURSE PRACTITIONERS
   26  with respect to drug therapy and may include a residency at  a  facility
   27  involving such consultation; or
   28    (ii)(A) have been awarded a bachelor of science in pharmacy;
   29    (B) maintain a current unrestricted license; and
   30    (C) within the last seven years, have a minimum of three years experi-
   31  ence,  of which at least one year of such experience shall include clin-
   32  ical experience in a health facility, which involves  consultation  with
   33  physicians  OR  NURSE PRACTITIONERS with respect to drug therapy and may
   34  include a residency at a facility involving such consultation.
   35    c. Notwithstanding any provision of this section, nothing herein shall
   36  authorize the pharmacist to diagnose disease. In the event that a treat-
   37  ing physician OR NURSE PRACTITIONER may disagree with  the  exercise  of
   38  professional  judgment  by  the pharmacist, the judgment of the treating
   39  physician OR NURSE PRACTITIONER shall prevail.
   40    3. The physician OR NURSE PRACTITIONER who is a  party  to  a  written
   41  agreement  or protocol authorizing collaborative drug therapy management
   42  IN A FACILITY SETTING shall be employed by or otherwise affiliated  with
   43  the  same  facility with which the pharmacist is also employed or affil-
   44  iated.
   45    4. The existence of a written agreement or protocol  on  collaborative
   46  drug therapy management and the patient's right to choose to not partic-
   47  ipate in collaborative drug therapy management shall be disclosed to any
   48  patient  who  is  eligible to receive collaborative drug therapy manage-
   49  ment. Collaborative drug therapy management shall not be utilized unless
   50  the patient or the  patient's  authorized  representative  consents,  in
   51  writing,  to such management. If the patient or the patient's authorized
   52  representative consents, it shall be  noted  on  the  patient's  medical
   53  record.  If  the  patient or the patient's authorized representative who
   54  consented to collaborative drug therapy management chooses to no  longer
   55  participate  in  such  management, at any time, it shall be noted on the
   56  patient's medical record. In addition,  the  existence  of  the  written
       S. 4207                            104
    1  agreement or protocol and the patient's consent to such management shall
    2  be  disclosed  to  the patient's primary physician OR NURSE PRACTITIONER
    3  and any other treating physician OR  NURSE  PRACTITIONER  or  healthcare
    4  provider.
    5    5. Participation in a written agreement or protocol authorizing colla-
    6  borative  drug  therapy  management  shall be voluntary, and no patient,
    7  physician, NURSE PRACTITIONER, pharmacist, or facility shall be required
    8  to participate.
    9    6. Nothing in this section shall be deemed to limit the scope of prac-
   10  tice of pharmacy nor be deemed to limit the authority of pharmacists and
   11  physicians OR NURSE PRACTITIONERS to  engage  in  medication  management
   12  prior to the effective date of this section and to the extent authorized
   13  by law.
   14    S  2.  Section 5 of chapter 21 of the laws of 2011 amending the educa-
   15  tion law relating to authorizing pharmacists  to  perform  collaborative
   16  drug  therapy management with physicians in certain settings, as amended
   17  by chapter 125 of the laws of 2014, is amended to read as follows:
   18    S 5. This act shall take effect on the one hundred twentieth day after
   19  it shall have become a law [and shall expire 4 years after  such  effec-
   20  tive date when upon such date the provisions of this act shall be deemed
   21  repealed];  provided,  however,  that the amendments to subdivision 1 of
   22  section 6801 of the education law made by section one of this act  shall
   23  be  subject to the expiration and reversion of such subdivision pursuant
   24  to section 8 of chapter 563 of the laws of 2008, when upon such date the
   25  provisions of section one-a of this act  shall  take  effect;  provided,
   26  further,  that  effective  immediately,  the  addition, amendment and/or
   27  repeal of any rule or regulation necessary  for  the  implementation  of
   28  this act on its effective date is authorized and directed to be made and
   29  completed on or before such effective date.
   30    S  3.  This act shall take effect immediately; provided, however, that
   31  section two of this act shall take effect on the one  hundred  twentieth
   32  day  after  it  shall  have become a law; provided that, effective imme-
   33  diately, the addition, amendment and/or repeal of any rule or regulation
   34  necessary for the implementation of this act on its  effective  date  is
   35  authorized  and  directed  to  be  made  and completed on or before such
   36  effective date.
   37                                   PART AA
   38    Section 1. Section 7.17 of the mental hygiene law is amended by adding
   39  a new subdivision (g) to read as follows:
   40    (G) THE COMMISSIONER SHALL ESTABLISH THE SINGLE POINT OF  ACCESS  WAIT
   41  LIST  FOR  INDIVIDUALS  SEEKING  HOUSING AND RELATED SERVICES WITHIN THE
   42  OFFICE OF MENTAL HEALTH SERVICES SYSTEM.
   43    (1) THE COMMISSIONER SHALL USE THE DATA  REPORTED  TO  THE  OFFICE  BY
   44  COUNTIES  AND THIRD PARTY ENTITIES CONTRACTED TO PROVIDE SINGLE POINT OF
   45  ACCESS SUPPORT SERVICES AS REQUIRED BY PARAGRAPH SEVENTEEN  OF  SUBDIVI-
   46  SION  (A) OF SECTION 41.13 OF THIS CHAPTER, TO GENERATE THE SINGLE POINT
   47  OF ACCESS WAIT LIST FOR INDIVIDUALS SEEKING HOUSING AND RELATED SERVICES
   48  WITHIN THE OFFICE OF MENTAL HEALTH SERVICES SYSTEM.
   49    (2) THE INFORMATION PROVIDED IN THE SINGLE POINT OF ACCESS  WAIT  LIST
   50  SHALL INCLUDE BUT NOT BE LIMITED TO:
   51    (I) THE NAME OF EACH PERSON WHO IS REFERRED TO, APPLIES FOR, IS ADMIT-
   52  TED  TO,  WITHDRAWS  AN  APPLICATION  FOR OR IS DENIED ACCESS TO HOUSING
   53  PROGRAMS OR RELATED SERVICES  THROUGH  EACH  COUNTY'S  SINGLE  POINT  OF
   54  ACCESS PROGRAM;
       S. 4207                            105
    1    (II)  THE  NAMES OF PERSONS REFERRED TO A HOUSING SERVICES PROVIDER BY
    2  THE COUNTY OR THIRD PARTY ENTITY CONTRACTED TO PROVIDE SINGLE  POINT  OF
    3  ACCESS SUPPORT SERVICES VIA THE SINGLE POINT OF ACCESS PROGRAM;
    4    (III)  THE  NAME  OF  EACH  PERSON RECEIVING MENTAL HEALTH RESIDENTIAL
    5  SERVICES OR PLACED IN HOUSING VIA THE SINGLE POINT  OF  ACCESS  PROGRAM;
    6  AND
    7    (IV) ANY OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.
    8    (3) THE COMMISSIONER SHALL MAKE PUBLIC THE SINGLE POINT OF ACCESS WAIT
    9  LIST  BY POSTING THE DATA, ABSENT PERSONAL IDENTIFICATION INFORMATION ON
   10  THE OFFICE OF MENTAL HEALTH WEBSITE. THE  COMMISSIONER  SHALL  REGULARLY
   11  UPDATE THE OFFICE OF MENTAL HEALTH WEBSITE TO ACCURATELY REFLECT CHANGES
   12  TO  THE  SINGLE  POINT  OF  ACCESS WAIT LIST AS NEW DATA IS REPORTED BUT
   13  SHALL NOT EXCEED A PERIOD LONGER THAN SEVENTY DAYS BETWEEN UPDATES.
   14    (4) THE COMMISSIONER SHALL ESTABLISH POLICIES,  PROCEDURES  AND  FORMS
   15  FOR THE SINGLE POINT OF ACCESS WAIT LIST IN ORDER TO ENSURE COUNTIES AND
   16  THIRD  PARTY  ENTITIES  CONTRACTED  TO  PROVIDE  SINGLE  POINT OF ACCESS
   17  SUPPORT SERVICES ARE ABLE TO SUBMIT WAIT LIST INFORMATION,  AS  OUTLINED
   18  BY  PARAGRAPHS  SEVENTEEN,  EIGHTEEN  AND NINETEEN OF SUBDIVISION (A) OF
   19  SECTION 41.13 OF THIS CHAPTER, DIRECTLY TO  THE  OFFICE  VIA  ELECTRONIC
   20  MEANS. SUCH POLICIES, PROCEDURES AND FORMS SHALL SAFEGUARD THE CONFIDEN-
   21  TIALITY  OF  INFORMATION  CONCERNING PERSONS SEEKING HOUSING, AND ACCORD
   22  EACH PERSON ON THE WAIT LIST AN OPPORTUNITY TO RECEIVE A WRITTEN COPY OF
   23  HIS OR HER PERSONAL INFORMATION MAINTAINED ON THE WAIT LIST. SUCH  POLI-
   24  CIES  AND  PROCEDURES  SHALL PROVIDE FOR THE SINGLE POINT OF ACCESS WAIT
   25  LIST TO INCLUDE ALL PERSONS ON ANY LOCAL WAIT LIST  FOR  HOUSING  BEFORE
   26  THE EFFECTIVE DATE OF THIS SUBDIVISION AND THE DATE UPON WHICH EACH SUCH
   27  PERSON  WAS FIRST PLACED ON SUCH WAIT LIST. SUCH LIST SHALL ALSO INCLUDE
   28  PERSONS WHO ARE PLACED ON ANY SUCH LOCAL  WAIT  LIST  ON  OR  AFTER  THE
   29  EFFECTIVE DATE OF THIS SUBDIVISION.
   30    (5)  THE  COMMISSIONER  SHALL  PREPARE A REPORT ON THE SINGLE POINT OF
   31  ACCESS WAIT LIST OF PERSONS SEEKING HOUSING  WITHIN  THE  MENTAL  HEALTH
   32  SYSTEM.  THE  REPORT SHALL INCLUDE BUT NOT BE LIMITED TO: (I) THE NUMBER
   33  OF ADULTS REFERRED TO THE SINGLE POINT OF ACCESS  WAIT  LIST;  (II)  THE
   34  NUMBER  OF ADULTS THAT APPLIED FOR EACH CATEGORY OF RESIDENTIAL SERVICE;
   35  (III) THE NUMBER OF ADULTS ADMITTED  TO  EACH  CATEGORY  OF  RESIDENTIAL
   36  SERVICE; (IV) THE NUMBER OF ADULTS DENIED ADMISSION FOR EACH CATEGORY OF
   37  RESIDENTIAL  SERVICE; (V) THE NUMBER OF ADULTS WHO WITHDREW APPLICATIONS
   38  FOR EACH CATEGORY OF RESIDENTIAL SERVICE; AND (VI) THE NUMBER OF  ADULTS
   39  ON THE SINGLE POINT OF ACCESS WAIT LIST FOR EACH CATEGORY OF RESIDENTIAL
   40  SERVICE.  SUCH  REPORT  SHALL  INCLUDE FOR EACH CATEGORY AND COUNTY, THE
   41  NUMBER OF MONTHS ON THE SINGLE  POINT  OF  ACCESS  WAIT  LIST  FOR  EACH
   42  PERSON.  SUCH  REPORT  SHALL  INCLUDE  THE TYPES, CAPACITIES AND VACANCY
   43  RATES OF RESIDENTIAL SERVICES OFFERED IN EACH COUNTY. THE REPORTS  SHALL
   44  INCLUDE  ANY  ACTIONS  TAKEN  BY  THE OFFICE TO REDUCE THE LENGTH OF THE
   45  SINGLE POINT OF ACCESS  WAIT  LIST  FOR  EACH  CATEGORY  OF  RESIDENTIAL
   46  SERVICES,  INCLUDING  THE  METHODS  BY  WHICH THE OFFICE PRIORITIZES THE
   47  PROVISIONS OF SERVICES TO PERSONS ON THE SINGLE  POINT  OF  ACCESS  WAIT
   48  LIST AND THE ACTIONS OF THE OFFICE TO INFORM THE PUBLIC ABOUT THE SINGLE
   49  POINT  OF ACCESS WAIT LIST AND THE AVAILABILITY OF COMMUNITY HOUSING AND
   50  SERVICES FOR ADULTS WITH A DOCUMENTED MENTAL ILLNESS. THE  OFFICE  SHALL
   51  SUBMIT THE REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
   52  AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JANUARY FIRST, TWO THOUSAND
   53  SEVENTEEN AND QUARTERLY THEREAFTER.
   54    S  2.  Subdivision  (a)  of section 41.13 of the mental hygiene law is
   55  amended by adding three new paragraphs 17, 18 and 19 to read as follows:
       S. 4207                            106
    1    17. USING DATA CONTAINED IN  THE  SINGLE  POINT  OF  ACCESS  DATABASE,
    2  REPORT  EVERY  SIXTY  DAYS  TO THE OFFICE THE NAME OF EACH PERSON WHO IS
    3  REFERRED TO, APPLIES FOR, IS ADMITTED TO, WITHDRAWS AN  APPLICATION  FOR
    4  OR  IS DENIED ACCESS TO HOUSING PROGRAMS OR RELATED SERVICES THROUGH THE
    5  COUNTY'S  SINGLE POINT OF ACCESS PROGRAM, ALONG WITH SUCH OTHER INFORMA-
    6  TION AS THE COMMISSIONER MAY REQUIRE.
    7    18. USING DATA CONTAINED IN  THE  SINGLE  POINT  OF  ACCESS  DATABASE,
    8  REPORT  THE  NAMES OF PERSONS REFERRED TO A HOUSING SERVICES PROVIDER BY
    9  THE COUNTY OR THIRD PARTY ENTITY CONTRACTED TO PROVIDE SINGLE  POINT  OF
   10  ACCESS  SUPPORT  SERVICES  VIA THE SINGLE POINT OF ACCESS PROGRAM TO THE
   11  OFFICE, ALONG WITH  SUCH  OTHER  INFORMATION  AS  THE  COMMISSIONER  MAY
   12  REQUIRE.
   13    19.  USING  DATA  CONTAINED  IN  THE  SINGLE POINT OF ACCESS DATABASE,
   14  REPORT THE NAME OF  EACH  PERSON  RECEIVING  MENTAL  HEALTH  RESIDENTIAL
   15  SERVICES  OR PLACED IN HOUSING, ALONG WITH SUCH OTHER INFORMATION AS THE
   16  COMMISSIONER MAY REQUIRE.
   17    S 3. This act shall take effect on the one hundred twentieth day after
   18  it shall have become a law; provided, however, that effective immediate-
   19  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   20  necessary  for  the implementation of this act on its effective date are
   21  authorized and directed to be made  and  completed  on  or  before  such
   22  effective date.
   23                                   PART BB
   24    Section  1.  Subparagraph  (iv)  of  paragraph (a) of subdivision 3 of
   25  section 3309 of the public health law, as added by  chapter  42  of  the
   26  laws of 2014, is amended to read as follows:
   27    (iv)  "Opioid  antagonist  recipient" or "recipient" means a person at
   28  risk of experiencing an opioid-related overdose,  or  a  family  member,
   29  friend  or other person in a position to assist a person experiencing or
   30  at risk of experiencing an opioid-related overdose, or  an  organization
   31  registered  as  an  opioid  overdose prevention program pursuant to this
   32  section,  OR  A  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE   EDUCATIONAL
   33  SERVICES,  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD, CHARTER
   34  SCHOOL, NON-PUBLIC ELEMENTARY AND/OR SECONDARY SCHOOL IN  THE  STATE  OR
   35  ANY PERSON EMPLOYED BY SUCH DISTRICT, BOARD OR SCHOOL.
   36    S  2.  Subdivision  4  of  section  3309  of the public health law, as
   37  amended by chapter 42 of the  laws  of  2014,  is  amended  to  read  as
   38  follows:
   39    4.  Use  of  an  opioid  antagonist  pursuant to this section shall be
   40  considered first aid or emergency treatment for the purpose of any stat-
   41  ute relating to liability.
   42    A recipient, opioid  overdose  prevention  program,  SCHOOL  DISTRICT,
   43  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION
   44  AND  EXTENSION  BOARD,  CHARTER  SCHOOL,  NON-PUBLIC  ELEMENTARY  AND/OR
   45  SECONDARY  SCHOOL IN THE STATE, OR ANY PERSON EMPLOYED BY SUCH DISTRICT,
   46  BOARD OR SCHOOL under this section, acting reasonably and in good  faith
   47  in compliance with this section, shall not be subject to criminal, civil
   48  or administrative liability solely by reason of such action.
   49    S  3. Subdivision 3 of section 3309 of the public health law, as added
   50  by chapter 34 of the laws of 2014, is renumbered subdivision 3-a.
   51    S 4. The education law is amended by adding a new section 922 to  read
   52  as follows:
   53    S  922.  OPIOID  OVERDOSE PREVENTION.   1. SCHOOL DISTRICTS, BOARDS OF
   54  COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN-
       S. 4207                            107
    1  SION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC  ELEMENTARY  AND  SECONDARY
    2  SCHOOLS  IN THIS STATE MAY PROVIDE AND MAINTAIN ON-SITE IN EACH INSTRUC-
    3  TIONAL SCHOOL FACILITY OPIOID ANTAGONISTS, AS DEFINED IN  SECTION  THREE
    4  THOUSAND  THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW, IN QUANTITIES AND
    5  TYPES DEEMED BY THE COMMISSIONER, IN CONSULTATION WITH THE  COMMISSIONER
    6  OF HEALTH, TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS FOR USE
    7  DURING EMERGENCIES TO ANY STUDENT OR STAFF HAVING OPIOID OVERDOSE WHETH-
    8  ER OR NOT THERE IS A PREVIOUS HISTORY OF OPIOID ABUSE.
    9    2. SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUN-
   10  TY  VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND NON-
   11  PUBLIC ELEMENTARY AND SECONDARY SCHOOLS IN  THIS  STATE  OR  ANY  PERSON
   12  EMPLOYED  BY  ANY SUCH ENTITY MAY ADMINISTER AN OPIOID ANTAGONIST IN THE
   13  EVENT OF AN EMERGENCY PURSUANT TO  THE  REQUIREMENTS  OF  SECTION  THREE
   14  THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW.
   15    S  5. Subdivision 4 of section 6909 of the education law is amended by
   16  adding a new paragraph (f) to read as follows:
   17    (F) THE URGENT OR EMERGENCY TREATMENT OF OPIOID  RELATED  OVERDOSE  OR
   18  SUSPECTED OPIOID RELATED OVERDOSE.
   19    S  6. Subdivision 6 of section 6527 of the education law is amended by
   20  adding a new paragraph (f) to read as follows:
   21    (F) THE URGENT OR EMERGENCY TREATMENT OF OPIOID  RELATED  OVERDOSE  OR
   22  SUSPECTED OPIOID RELATED OVERDOSE.
   23    S 7. This act shall take effect immediately.
   24                                   PART CC
   25    Section  1.  Section  48-a of part A of chapter 56 of the laws of 2013
   26  amending chapter 59 of the laws of 2011 amending the public  health  law
   27  and  other  laws  relating  to general hospital reimbursement for annual
   28  rates relating to the cap on local Medicaid expenditures, as amended  by
   29  section  13  of  part C of chapter 60 of the laws of 2014, is amended to
   30  read as follows:
   31    S 48-a. Notwithstanding any contrary provision of law, the commission-
   32  ers of the office of alcoholism and substance  abuse  services  and  the
   33  office  of  mental health are authorized, subject to the approval of the
   34  director of the budget, to transfer to the commissioner of health  state
   35  funds  to  be  utilized as the state share for the purpose of increasing
   36  payments under  the  medicaid  program  to  managed  care  organizations
   37  licensed  under  article 44 of the public health law or under article 43
   38  of the insurance law. Such managed care organizations shall utilize such
   39  funds for the purpose of  reimbursing  providers  licensed  pursuant  to
   40  article  28  of  the public health law or article 31 or 32 of the mental
   41  hygiene law for ambulatory behavioral health services, as determined  by
   42  the  commissioner  of  health,  in consultation with the commissioner of
   43  alcoholism and substance abuse services  and  the  commissioner  of  the
   44  office of mental health, provided to medicaid eligible outpatients. Such
   45  reimbursement  shall  be in the form of fees for such services which are
   46  equivalent to the payments established for such services under the ambu-
   47  latory patient group (APG) rate-setting methodology as utilized  by  the
   48  department  of  health,  the  office  of  alcoholism and substance abuse
   49  services, or the office of  mental  health  for  rate-setting  purposes;
   50  provided, however, that the increase to such fees that shall result from
   51  the provisions of this section shall not, in the aggregate and as deter-
   52  mined  by  the  commissioner of health, in consultation with the commis-
   53  sioner of alcoholism and substance abuse services and  the  commissioner
   54  of the office of mental health, be greater than the increased funds made
       S. 4207                            108
    1  available  pursuant  to  this section.   The increase of such ambulatory
    2  behavioral health fees to providers available under this  section  shall
    3  be  for  all rate periods on and after the effective date of the chapter
    4  of  the laws of [2014] 2015 which amended this section through [December
    5  31, 2016] JUNE 30, 2018 for patients in the city of New  York,  for  all
    6  rate  periods on and after the effective date of the chapter of the laws
    7  of [2014] 2015 which  amended  this  section  through  [June  30,  2017]
    8  SEPTEMBER  30,  2018  for patients outside the city of New York, and for
    9  all rate periods on and after the effective date of such chapter of  the
   10  laws  of  [2014]  2015  which  amended this section through December 31,
   11  [2017] 2018 for all services provided to persons under the age of  twen-
   12  ty-one; provided, however, that managed care organizations and providers
   13  may negotiate different rates and methods of payment during such periods
   14  described  above,  subject  to the approval of the department of health.
   15  The department of health shall consult with the office of alcoholism and
   16  substance abuse services and the office of mental health in  determining
   17  whether  such  alternative  rates shall be approved. The commissioner of
   18  health may, in consultation with  the  commissioner  of  alcoholism  and
   19  substance  abuse  services  and the commissioner of the office of mental
   20  health, promulgate regulations, including emergency regulations  promul-
   21  gated  prior to October 1, 2015 to establish rates for ambulatory behav-
   22  ioral health services, as are necessary to implement the  provisions  of
   23  this  section. Rates promulgated under this section shall be included in
   24  the report required under section 45-c of part A of this chapter.
   25    S 2. Subdivision 8 of section 84 of part A of chapter 56 of  the  laws
   26  of  2013,  amending  chapter  59 of the laws of 2011 amending the public
   27  health law and other laws relating to general hospital reimbursement for
   28  annual rates relating to the cap  on  local  Medicaid  expenditures,  as
   29  amended  by  section  14 of part C of chapter 60 of the laws of 2014, is
   30  amended to read as follows:
   31    8. section forty-eight-a of  this  act  shall  expire  and  be  deemed
   32  repealed January 1, [2018] 2019;
   33    S  3.  Section 1 of part H of chapter 111 of the laws of 2010 relating
   34  to increasing Medicaid payments to providers through managed care organ-
   35  izations and providing equivalent fees  through  an  ambulatory  patient
   36  group  methodology,  as amended by section 15 of part C of chapter 60 of
   37  the laws of 2014, is amended to read as follows:
   38    Section 1. Notwithstanding any contrary provision of law, the  commis-
   39  sioners of mental health and alcoholism and substance abuse services are
   40  authorized,  subject  to  the approval of the director of the budget, to
   41  transfer to the commissioner of health state funds to be utilized as the
   42  state share for the purpose of increasing payments  under  the  medicaid
   43  program  to  managed care organizations licensed under article 44 of the
   44  public health law or under article 43 of the insurance law. Such managed
   45  care organizations shall utilize such funds for the purpose of reimburs-
   46  ing providers licensed pursuant to article 28 of the public health  law,
   47  or  pursuant  to  article 31 or article 32 of the mental hygiene law for
   48  ambulatory behavioral health services, as determined by the commissioner
   49  of health in consultation with the commissioner  of  mental  health  and
   50  commissioner  of  alcoholism  and  substance abuse services, provided to
   51  medicaid eligible outpatients. Such reimbursement shall be in  the  form
   52  of  fees  for  such services which are equivalent to the payments estab-
   53  lished for such services under the ambulatory patient group (APG)  rate-
   54  setting  methodology  as  utilized by the department of health or by the
   55  office of mental health or office  of  alcoholism  and  substance  abuse
   56  services for rate-setting purposes; provided, however, that the increase
       S. 4207                            109
    1  to such fees that shall result from the provisions of this section shall
    2  not, in the aggregate and as determined by the commissioner of health in
    3  consultation  with the commissioners of mental health and alcoholism and
    4  substance  abuse  services,  be  greater  than  the increased funds made
    5  available pursuant to this section.  The  increase  of  such  behavioral
    6  health  fees  to providers available under this section shall be for all
    7  rate periods on and after the effective date of the chapter of the  laws
    8  of  [2014]  2015  which amended this section through [December 31, 2016]
    9  JUNE 30, 2018 for patients in the city of New York, for all rate periods
   10  on and after the effective date of the chapter of  the  laws  of  [2014]
   11  2015  which  amended  this section through [June 30, 2017] SEPTEMBER 30,
   12  2018 for patients outside the city of New York, and for all rate periods
   13  on and after the effective date of the chapter of  the  laws  of  [2014]
   14  2015 which amended this section through December 31, [2017] 2018 for all
   15  services  provided  to  persons  under  the age of twenty-one; provided,
   16  however, that managed care organizations  and  providers  may  negotiate
   17  different  rates  and  methods of payment during such periods described,
   18  subject to the approval of the department of health. The  department  of
   19  health  shall  consult with the office of alcoholism and substance abuse
   20  services and the office of mental health  in  determining  whether  such
   21  alternative  rates shall be approved. The commissioner of health may, in
   22  consultation with the commissioners of mental health and alcoholism  and
   23  substance  abuse  services,  promulgate regulations, including emergency
   24  regulations promulgated prior to October 1, 2013  that  establish  rates
   25  for  behavioral  health  services,  as  are  necessary  to implement the
   26  provisions of this section. Rates promulgated under this  section  shall
   27  be included in the report required under section 45-c of part A of chap-
   28  ter 56 of the laws of 2013.
   29    S  4. Section 2 of part H of chapter 111 of the laws of 2010, relating
   30  to increasing Medicaid payments to providers through managed care organ-
   31  izations and providing equivalent fees  through  an  ambulatory  patient
   32  group  methodology,  as amended by section 16 of part C of chapter 60 of
   33  the laws of 2014, is amended to read as follows:
   34    S 2. This act shall take effect immediately and  shall  be  deemed  to
   35  have been in full force and effect on and after April 1, 2010, and shall
   36  expire on January 1, [2018] 2019.
   37    S 5. Subdivision 7-a of section 84 of part A of chapter 56 of the laws
   38  of 2013, amending the public health law and other laws relating to state
   39  health mental hygiene budget for the 2013-14 state fiscal year, as added
   40  by  section 16-b of part C of chapter 60 of the laws of 2014, is amended
   41  to read as follows:
   42    7-a. section forty-five-c of this  act  shall  expire  and  be  deemed
   43  repealed January 1, [2018] 2019;
   44    S 6. This act shall take effect immediately.
   45                                   PART DD
   46    Section  1.  The mental hygiene law is amended by adding a new section
   47  13.43 to read as follows:
   48  S 13.43 INTEGRATED HOUSING PLAN.
   49    (A) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
   50  TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
   51  AND COMMUNITY RENEWAL, THE MOST INTEGRATED SETTINGS COORDINATING COUNCIL
   52  AND OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER,  SHALL
   53  ESTABLISH  A  PLAN  TO  INCREASE  HOUSING  OPPORTUNITIES FOR PEOPLE WITH
       S. 4207                            110
    1  DEVELOPMENTAL DISABILITIES. THE PLAN SHALL INCLUDE, BUT NOT  BE  LIMITED
    2  TO:
    3    (1)  THE CREATION AND MAINTENANCE OF A LIST OF AFFORDABLE AND ACCESSI-
    4  BLE RENTAL UNITS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES; AND
    5    (2) IDENTIFICATION OF STRATEGIES TO FACILITATE  INDIVIDUALS  RECEIVING
    6  OR ELIGIBLE FOR HOME AND COMMUNITY BASED (HCBS) WAIVERS TO LIVE IN THEIR
    7  OWN  HOME,  LEASED  APARTMENT OR FAMILY'S HOME, WHEN SUCH A PLACEMENT IS
    8  THEIR INFORMED CHOICE AND THE MOST  INTEGRATED  SETTING  APPROPRIATE  TO
    9  THEIR NEEDS. ANY SUCH STRATEGIES AT A MINIMUM SHALL ADDRESS:
   10    (I)  FACILITATING  OPPORTUNITIES  FOR  INDIVIDUALS  WITH DEVELOPMENTAL
   11  DISABILITIES, INCLUDING STUDENTS TRANSITIONING FROM EDUCATIONAL PROGRAMS
   12  TO LIVE INDEPENDENTLY IN THEIR OWN HOME OR APARTMENT AND AWAY FROM THEIR
   13  PARENTAL HOME;
   14    (II) INCREASING AFFORDABLE AND ACCESSIBLE RENTAL UNITS FOR INDIVIDUALS
   15  WITH DEVELOPMENTAL DISABILITIES;
   16    (III) INCREASING AND EXPANDING ACCESS TO RENTAL SUBSIDIES FOR INDIVID-
   17  UALS WITH DEVELOPMENTAL DISABILITIES;
   18    (IV) DEVELOPING AN EDUCATIONAL PROGRAM ABOUT INDIVIDUAL LIVING OPTIONS
   19  FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES,  FAMILIES,  PUBLIC  AND
   20  PRIVATE ORGANIZATIONS, DEVELOPERS AND MEDICAID SERVICE COORDINATORS;
   21    (V)  ANALYZING  POTENTIAL  FEDERAL  AND STATE POLICY CHANGES THAT WILL
   22  FACILITATE INCREASED ACCESS AND AVAILABILITY OF  SERVICES  AND  SUPPORTS
   23  THAT PERMIT INDIVIDUALS TO CHOOSE MORE INDEPENDENT LIVING OPTIONS; AND
   24    (VI) ASSESSING AND ADVANCING COORDINATED PLAN IMPLEMENTATION.
   25    (B) THE COMMISSIONER, IN CONSULTATION WITH THE DEVELOPMENTAL DISABILI-
   26  TIES ADVISORY COUNCIL, THE DEPARTMENT OF HEALTH, THE DIVISION OF HOUSING
   27  AND COMMUNITY RENEWAL, THE MOST INTEGRATED SETTINGS COORDINATING COUNCIL
   28  AND  OTHER AGENCIES AS DETERMINED APPROPRIATE BY THE COMMISSIONER, SHALL
   29  DEVELOP THE PLAN WITH INPUT  FROM  STAKEHOLDERS,  INCLUDING  INDIVIDUALS
   30  WITH  DEVELOPMENTAL  DISABILITIES,  PARENTS AND GUARDIANS OF INDIVIDUALS
   31  WITH DEVELOPMENTAL DISABILITIES, ADVOCATES AND PROVIDERS OF SERVICES FOR
   32  INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
   33    (C) THE PLAN REQUIRED PURSUANT TO THIS SECTION SHALL BE DEVELOPED  AND
   34  SUBMITTED  TO  THE  TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
   35  THE ASSEMBLY AND POSTED ON THE WEBSITE OF THE OFFICE ON OR BEFORE  APRIL
   36  FIRST,  TWO  THOUSAND SIXTEEN. SUCH PLAN SHALL BE REASSESSED AND UPDATED
   37  AT LEAST ANNUALLY THEREAFTER, ON OR BEFORE THE THIRTY-FIRST DAY OF JANU-
   38  ARY, TO ENSURE RESPONSIVENESS TO CHANGING NEEDS AND  GOALS,  TO  REFLECT
   39  THE  DEVELOPMENT OF NEW INFORMATION, AND TO REFLECT ACHIEVEMENT OF HOUS-
   40  ING TRANSFORMATION GOALS, EVALUATION OF  SUCCESSFUL  INTEGRATED  HOUSING
   41  STRATEGIES AND MILESTONES TO MEET INTEGRATED HOUSING GOALS. SUCH UPDATED
   42  PLAN  SHALL BE POSTED ON THE WEBSITE OF THE OFFICE, AND SUBMITTED TO THE
   43  TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY.
   44    S 2. This act shall take effect immediately.
   45                                   PART EE
   46    Section 1. The mental hygiene law is amended by adding a  new  section
   47  31.38 to read as follows:
   48  S 31.38 TEMPORARY  ADJUSTMENT  TO  REIMBURSEMENT  RATES  FOR  BEHAVIORAL
   49            HEALTH.
   50    (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WITHIN FUNDS
   51  APPROPRIATED AND  SUBJECT  TO  THE  AVAILABILITY  OF  FEDERAL  FINANCIAL
   52  PARTICIPATION,  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
   53  OF HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE
   54  ABUSE SERVICES, MAY GRANT APPROVAL OF  A  TEMPORARY  ADJUSTMENT  TO  THE
       S. 4207                            111
    1  NON-CAPITAL  COMPONENTS  OF  RATES,  OR MAKE TEMPORARY LUMP-SUM MEDICAID
    2  PAYMENTS, TO ELIGIBLE PROVIDERS LICENSED UNDER THIS ARTICLE  OR  ARTICLE
    3  THIRTY-TWO OF THIS CHAPTER, PROVIDED HOWEVER, THAT SHOULD FEDERAL FINAN-
    4  CIAL  PARTICIPATION  NOT  BE  AVAILABLE  FOR ANY ELIGIBLE PROVIDER, THEN
    5  PAYMENTS PURSUANT TO THIS SUBDIVISION MAY BE MADE AS  GRANTS  AND  SHALL
    6  NOT BE DEEMED TO BE MEDICAL ASSISTANCE PAYMENTS.
    7    (B) ELIGIBLE PROVIDERS SHALL INCLUDE:
    8    (I) PROVIDERS UNDERGOING CLOSURE;
    9    (II) PROVIDERS IMPACTED BY THE CLOSURE OF OTHER HEALTH CARE PROVIDERS;
   10    (III)  PROVIDERS  SUBJECT  TO MERGERS, ACQUISITIONS, CONSOLIDATIONS OR
   11  RESTRUCTURING; OR
   12    (IV) PROVIDERS IMPACTED BY THE MERGER, ACQUISITION,  CONSOLIDATION  OR
   13  RESTRUCTURING OF OTHER HEALTH CARE PROVIDERS.
   14    (C)  PROVIDERS  SEEKING  TEMPORARY RATE ADJUSTMENTS UNDER THIS SECTION
   15  SHALL DEMONSTRATE THROUGH  SUBMISSION  OF  A  WRITTEN  PROPOSAL  TO  THE
   16  COMMISSIONER,  IN  CONSULTATION  WITH THE COMMISSIONER OF HEALTH AND THE
   17  COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE  SERVICES,
   18  THAT  THE  ADDITIONAL  RESOURCES PROVIDED BY A TEMPORARY RATE ADJUSTMENT
   19  WILL ACHIEVE ONE OR MORE OF THE FOLLOWING:
   20    (I) PROTECT OR ENHANCE ACCESS TO CARE;
   21    (II) PROTECT OR ENHANCE QUALITY OF CARE;
   22    (III) IMPROVE THE COST EFFECTIVENESS OF THE DELIVERY  OF  HEALTH  CARE
   23  SERVICES; OR
   24    (IV)  OTHERWISE PROTECT OR ENHANCE THE HEALTH CARE DELIVERY SYSTEM, AS
   25  DETERMINED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
   26  HEALTH AND THE COMMISSIONER OF THE OFFICE OF  ALCOHOLISM  AND  SUBSTANCE
   27  ABUSE SERVICES.
   28    (D)  (I) SUCH WRITTEN PROPOSAL SHALL BE SUBMITTED TO THE COMMISSIONER,
   29  THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF THE OFFICE  OF  ALCO-
   30  HOLISM  AND  SUBSTANCE  ABUSE SERVICES, AT LEAST SIXTY DAYS PRIOR TO THE
   31  REQUESTED EFFECTIVE DATE OF THE TEMPORARY  RATE  ADJUSTMENT,  AND  SHALL
   32  INCLUDE  A  PROPOSED  BUDGET  TO  ACHIEVE THE GOALS OF THE PROPOSAL. ANY
   33  MEDICAID PAYMENT ISSUED PURSUANT TO THIS SECTION SHALL BE IN EFFECT  FOR
   34  A SPECIFIED PERIOD OF TIME AS DETERMINED BY THE COMMISSIONER, IN CONSUL-
   35  TATION  WITH  THE  COMMISSIONER  OF  HEALTH  AND THE COMMISSIONER OF THE
   36  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OF UP TO THREE YEARS.
   37  AT THE END OF THE SPECIFIED TIMEFRAME SUCH PAYMENTS  OR  ADJUSTMENTS  TO
   38  THE  NON-CAPITAL  COMPONENT OF RATES SHALL CEASE, AND THE PROVIDER SHALL
   39  BE REIMBURSED IN ACCORDANCE WITH THE OTHERWISE  APPLICABLE  RATE-SETTING
   40  METHODOLOGY  AS  SET  FORTH  IN APPLICABLE STATUTES AND REGULATIONS. THE
   41  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH  AND  THE
   42  COMMISSIONER  OF  THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,
   43  MAY ESTABLISH, AS A CONDITION OF RECEIVING SUCH TEMPORARY  RATE  ADJUST-
   44  MENTS  OR GRANTS, BENCHMARKS AND GOALS TO BE ACHIEVED IN CONFORMITY WITH
   45  THE PROVIDER'S WRITTEN PROPOSAL AS  APPROVED  BY  THE  COMMISSIONER,  IN
   46  CONSULTATION WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF THE
   47  OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, AND MAY ALSO REQUIRE
   48  THAT THE FACILITY SUBMIT SUCH PERIODIC REPORTS CONCERNING  THE  ACHIEVE-
   49  MENT  OF  SUCH BENCHMARKS AND GOALS AS THE COMMISSIONER, IN CONSULTATION
   50  WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF  THE  OFFICE  OF
   51  ALCOHOLISM  AND  SUBSTANCE  ABUSE SERVICES, DEEMS NECESSARY.  FAILURE TO
   52  ACHIEVE SATISFACTORY PROGRESS, AS DETERMINED  BY  THE  COMMISSIONER,  IN
   53  CONSULTATION WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF THE
   54  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN ACCOMPLISHING SUCH
   55  BENCHMARKS  AND  GOALS SHALL BE A BASIS FOR ENDING THE FACILITY'S TEMPO-
   56  RARY RATE ADJUSTMENT OR GRANT PRIOR TO THE END OF  THE  SPECIFIED  TIME-
       S. 4207                            112
    1  FRAME.  (II)  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
    2  HEALTH AND THE COMMISSIONER OF THE OFFICE OF  ALCOHOLISM  AND  SUBSTANCE
    3  ABUSE SERVICES, MAY REQUIRE THAT APPLICATIONS SUBMITTED PURSUANT TO THIS
    4  SECTION BE SUBMITTED IN RESPONSE TO AND IN ACCORDANCE WITH A REQUEST FOR
    5  APPLICATIONS  OR  A REQUEST FOR PROPOSALS ISSUED BY THE COMMISSIONER, IN
    6  CONSULTATION WITH THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF THE
    7  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES.
    8    (E) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY PROGRAMS AND  FACILI-
    9  TIES  ISSUED  OPERATING CERTIFICATES UNDER THIS ARTICLE OR ARTICLE THIR-
   10  TY-TWO OF THIS CHAPTER SHALL BE ALLOCATED NO LESS  THAN  THIRTY  MILLION
   11  DOLLARS ANNUALLY PURSUANT TO THIS SECTION.
   12    S 2. This act shall take effect immediately.
   13                                   PART FF
   14    Section  1.  Subdivision 2 of section 2807-y of the public health law,
   15  as added by section 67 of part B of chapter 58 of the laws of  2005,  is
   16  amended to read as follows:
   17    2.  In  the event contracts with the article forty-three insurance law
   18  plans or other commissioner's designees are effectuated, the commission-
   19  er shall conduct annual audits of the receipt and  distribution  of  the
   20  funds  AND  SHALL PROVIDE RECORDS OF ALL REVENUES AND DISBURSEMENTS MADE
   21  FROM ALLOWANCES AND  ASSESSMENTS  LISTED  IN  SUBDIVISION  ONE  OF  THIS
   22  SECTION  TO  THE  TEMPORARY  PRESIDENT  OF THE SENATE AND SPEAKER OF THE
   23  ASSEMBLY ON AN  ANNUAL  BASIS  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND
   24  SIXTEEN.
   25    S  2.  HCRA modernization task force: The commissioner of health shall
   26  convene a task force to evaluate and  make  recommendations  related  to
   27  increasing the transparency and accountability of the health care reform
   28  act resources fund (HCRA fund), to evaluate and modernize the provisions
   29  of  law  related  to  the  health care reform act (HCRA), and to restore
   30  integrity and purpose to the HCRA program. The task  force  shall:    be
   31  provided  a  detailed  accounting  of  revenues  and  disbursements made
   32  through HCRA and the HCRA fund; assess the extent to which HCRA revenues
   33  are expended toward their  originally  intended  purpose;  evaluate  and
   34  recommend  a timeframe by which any state costs associated with Medicaid
   35  shall be wholly funded by the general fund; assess the impact any feder-
   36  al law enacted since 2009 has had on indigent care costs in  the  state,
   37  and  make recommendations for updating and modernizing the HCRA statute.
   38  The task force shall be composed of  the  commissioner  of  health,  and
   39  stakeholders  with  institutional  knowledge regarding the provisions of
   40  HCRA and the disbursements from the HCRA fund, including but not limited
   41  to representatives of  health  plans,  managed  care  plans,  hospitals,
   42  physicians,  other  health  care providers, the HCRA pool administrator,
   43  and the office of the state comptroller.  At least one such  stakeholder
   44  shall  be  appointed to the task force by the temporary president of the
   45  senate and one by the speaker of the assembly. The task force  shall  be
   46  convened not later than June 30, 2015 and shall submit its report to the
   47  governor,  the  temporary president of the senate and the speaker of the
   48  assembly no later than December 31, 2015.
   49    S 3. Subdivision 10 of section 2807-m of  the  public  health  law  is
   50  amended by adding two new paragraphs (g) and (h) to read as follows:
   51    (G)  NO  LATER THAN JULY FIRST, TWO THOUSAND FIFTEEN, THE COMMISSIONER
   52  SHALL ISSUE A NEW REQUEST FOR APPLICATIONS FOR PHYSICIAN LOAN  REPAYMENT
   53  AWARDS,  AND NO LATER THAN JULY FIRST, TWO THOUSAND SIXTEEN, THE COMMIS-
   54  SIONER SHALL ISSUE ANOTHER REQUEST FOR SUCH APPLICATIONS.
       S. 4207                            113
    1    (H) THE COMMISSIONER SHALL APPOINT A WORK GROUP OF INTERESTED  PARTIES
    2  BY  SEPTEMBER  FIRST,  TWO THOUSAND FIFTEEN, TO EVALUATE WHETHER CHANGES
    3  ARE NECESSARY IN ORDER TO ENHANCE THE PROGRAM, AND TO  MAKE  RECOMMENDA-
    4  TIONS  FOR  ANY CHANGES. A REPORT, CONTAINING THE RECOMMENDATIONS OF THE
    5  WORK GROUP, SHALL BE SUBMITTED TO THE GOVERNOR, THE CHAIRS OF THE SENATE
    6  HEALTH AND FINANCE COMMITTEES, AND THE CHAIRS OF THE ASSEMBLY HEALTH AND
    7  WAYS AND MEANS COMMITTEES BY OCTOBER FIRST, TWO THOUSAND SIXTEEN.
    8    S  4.  Subdivision  1  of  section  2807-v of the public health law is
    9  amended by adding a new paragraph (iii) to read as follows:
   10    (III) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, AND  IN  ADDITION
   11  TO  FUNDS  PROVIDED  PURSUANT  TO PARAGRAPH (D) OF SUBDIVISION FIVE-A OF
   12  SECTION TWENTY-EIGHT HUNDRED SEVEN-M OF THIS  ARTICLE,  FUNDS  SHALL  BE
   13  RESERVED  AND  ACCUMULATED  FROM YEAR TO YEAR AND SHALL BE AVAILABLE FOR
   14  THE PURPOSE OF FUNDING THE PHYSICIAN LOAN REPAYMENT PROGRAM PURSUANT  TO
   15  SUBDIVISION  TEN OF SECTION TWENTY-EIGHT HUNDRED SEVEN-M OF THIS ARTICLE
   16  IN THE FOLLOWING AMOUNTS:
   17    (I) TWO MILLION DOLLARS FOR  THE  PERIOD  APRIL  FIRST,  TWO  THOUSAND
   18  FIFTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN; AND
   19    (II)  FOUR  MILLION FIVE HUNDRED THOUSAND DOLLARS FOR THE PERIOD APRIL
   20  FIRST, TWO THOUSAND SIXTEEN THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND
   21  SEVENTEEN.
   22    THE  ADDITIONAL  FUNDS  OF  TWO  MILLION  DOLLARS FOR THE PERIOD APRIL
   23  FIRST, TWO THOUSAND FIFTEEN THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND
   24  SIXTEEN  SHALL  FUND  THE  FIRST YEAR LOAN REPAYMENT FOR ONE HUNDRED NEW
   25  AWARDS, AND THE ADDITIONAL FUNDS OF FOUR MILLION FIVE  HUNDRED  THOUSAND
   26  DOLLARS  FOR  THE PERIOD APRIL FIRST, TWO THOUSAND SIXTEEN THROUGH MARCH
   27  THIRTY-FIRST, TWO THOUSAND SEVENTEEN SHALL  FUND  THE  FIRST  YEAR  LOAN
   28  REPAYMENT  FOR  ANOTHER  ONE HUNDRED NEW AWARDS AND THE SECOND YEAR LOAN
   29  REPAYMENT FOR  THE  PRIOR  YEAR  AWARDS.  NOTWITHSTANDING  ANY  CONTRARY
   30  PROVISION  OF LAW AND SUBJECT TO THE EXTENSION OF THE HEALTH CARE REFORM
   31  ACT OF 1996, SUFFICIENT FUNDS SHALL BE SET ASIDE  AND  RESERVED  BY  THE
   32  COMMISSIONER  FOR STATE FISCAL YEARS ON AND AFTER APRIL FIRST, TWO THOU-
   33  SAND SEVENTEEN, AND SHALL BE AVAILABLE FOR PURPOSES  OF  PHYSICIAN  LOAN
   34  REPAYMENT  IN  ACCORDANCE  WITH  SUBDIVISION TEN OF SECTION TWENTY-EIGHT
   35  HUNDRED SEVEN-M OF THIS ARTICLE IN AMOUNTS SUFFICIENT TO AT  LEAST  FUND
   36  THE REMAINING YEAR COMMITMENTS FOR AWARDS MADE PRIOR TO APRIL FIRST, TWO
   37  THOUSAND SEVENTEEN.
   38    S  5.  Subdivision  2  of  section 2807-g of the public health law, as
   39  added by chapter 1 of the laws of 1999, is amended to read as follows:
   40    2. Grants shall be made on a competitive basis by region,  in  accord-
   41  ance  with  the  amount raised in the region, PROVIDED THAT NO LESS THAN
   42  TWO AND ONE-HALF PERCENT OF  THE  TOTAL  FUNDS  MADE  AVAILABLE  IN  ANY
   43  REQUEST  FOR PROPOSALS SHALL BE MADE AVAILABLE IN ANY REGION, with pref-
   44  erence within regions given to areas  and  eligible  organizations  that
   45  have experienced or are likely to experience job loss because of changes
   46  in the health care system. If, at the conclusion of the regional compet-
   47  itive  contract  award  process, there are excess funds available within
   48  any regional allocation, such funds shall be  redistributed  to  regions
   49  where  there  is a shortage of funds available for programs which other-
   50  wise qualify for funding pursuant to this section. IF A GRANT  RECIPIENT
   51  HAS  RECEIVED  GRANT AWARDS FOR THE SAME WORKFORCE RETRAINING PROJECT IN
   52  MULTIPLE REGIONS, SUCH GRANT RECIPIENT, WITH THE APPROVAL OF THE COMMIS-
   53  SIONER, MAY REDISTRIBUTE FUNDS AMONG SAID REGIONS.
   54    S 6. Subdivision 6 of section 2807-s  of  the  public  health  law  is
   55  amended by adding a new paragraph (g) to read as follows:
       S. 4207                            114
    1    (G)  A  FURTHER  GROSS ANNUAL AMOUNT ALLOCATED TO THE ROCHESTER REGION
    2  BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL BE ONE  HUNDRED  TEN
    3  MILLION DOLLARS. SUCH AMOUNT SHALL BE EXCLUDED FROM ALL COMPUTATIONS AND
    4  ADJUSTMENTS MADE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION SIX OF SECTION
    5  TWO THOUSAND EIGHT HUNDRED SEVEN-T OF THIS ARTICLE.
    6    S  7.  Subdivision  7  of  section  2807-s of the public health law is
    7  amended by adding a new paragraph (d) to read as follows:
    8    (D)(I) FIVE MILLION DOLLARS OF THE FUNDS ALLOCATED PURSUANT  TO  PARA-
    9  GRAPH  (G)  OF SUBDIVISION SIX OF THIS SECTION SHALL BE DISTRIBUTED TO A
   10  REGIONAL HEALTH PLANNING ORGANIZATION FOR USE IN FUNDING REGIONAL HEALTH
   11  CARE IMPROVEMENT PROJECTS. THE  REGIONAL  HEALTH  PLANNING  ORGANIZATION
   12  SHALL  DISBURSE THOSE FUNDS IN ACCORDANCE WITH THIS PARAGRAPH, OR PURSU-
   13  ANT TO GRANTS MADE BY THE ORGANIZATION IN  ACCORDANCE  WITH  THIS  PARA-
   14  GRAPH.  DISTRIBUTION  OF  ANY  GRANT  FUNDS ADMINISTERED BY THE REGIONAL
   15  HEALTH PLANNING ORGANIZATION SHALL BE PURSUANT  TO  A  MULTI-STAKEHOLDER
   16  PROCESS.  THE REGIONAL HEALTH CARE IMPROVEMENT GRANT FUND PROJECTS SHALL
   17  INCLUDE THREE MILLION DOLLARS PER YEAR FOR  A  SHARED  COMMUNITY  HEALTH
   18  INFRASTRUCTURE DESIGNED ON THE BASIS OF COLLABORATIVE COMMUNITY EFFORTS,
   19  INCLUDING   COMMUNITY-WIDE   PATIENT   SAFETY  AND  QUALITY  IMPROVEMENT
   20  PROGRAMS, ELIMINATION OF HEALTH DISPARITIES, HEALTH INFORMATION TECHNOL-
   21  OGY, AND TWO MILLION DOLLARS TO FUND THE REGIONAL HEALTH PLANNING ORGAN-
   22  IZATION.  THE HEALTH PLANNING ORGANIZATION SHALL USE REASONABLE  EFFORTS
   23  TO GENERATE MATCHING FUND CONTRIBUTIONS IN THE FORM OF GRANTS, DONATIONS
   24  AND OTHER CONTRIBUTIONS.
   25    (II)  ONE HUNDRED FIVE MILLION DOLLARS OF THE FUNDS ALLOCATED PURSUANT
   26  TO PARAGRAPH (G) OF SUBDIVISION SIX OF THIS SECTION SHALL  BE  ALLOCATED
   27  TO A NOT-FOR-PROFIT ORGANIZATION OR ASSOCIATION THAT HAS BEEN DESIGNATED
   28  THROUGH  A MULTI-STAKEHOLDER PROCESS, WHICH SHALL DISTRIBUTE THOSE FUNDS
   29  TO ALL OF THE HOSPITALS IN THE REGION ENGAGED IN GRADUATE MEDICAL EDUCA-
   30  TION IN ORDER TO FUND GRADUATE MEDICAL EDUCATION.  ONE  HUNDRED  MILLION
   31  DOLLARS  OF  SUCH FUNDING SHALL BE DISTRIBUTED PROPORTIONALLY TO EACH OF
   32  THE HOSPITALS IN AMOUNTS WHICH REFLECT EACH HOSPITAL'S CURRENT COSTS FOR
   33  GRADUATE MEDICAL EDUCATION, AND FIVE  MILLION  DOLLARS  OF  UNREIMBURSED
   34  ADMINISTRATIVE  AND OTHER GRADUATE MEDICAL EDUCATION RELATED COSTS SHALL
   35  BE ALLOCATED IN THE SAME PROPORTIONS. ONE HUNDRED MILLION DOLLARS OF THE
   36  DISTRIBUTED FUNDS SHALL BE IN LIEU OF CURRENT FUNDING OF SUCH  COSTS  AS
   37  CURRENTLY INCLUDED IN CLAIMS PAYMENTS BY SPECIFIED THIRD PARTY PAYORS IN
   38  THE  REGION  RESULTING  IN  A REDUCTION IN THE AMOUNT PAID BY SUCH THIRD
   39  PARTY PAYORS IN AN AMOUNT EQUAL TO  THE  ONE  HUNDRED  MILLION  DOLLARS.
   40  PRIOR  TO  THE  ALLOCATION  OF  FUNDS  PURSUANT TO THIS SUBDIVISION, THE
   41  PARTICIPATING HOSPITALS AND SUCH THIRD  PARTY  PAYORS  SHALL  DEVELOP  A
   42  PROCESS  FOR  THE  DISTRIBUTION  OF SUCH FUNDS AND A MECHANISM TO ENSURE
   43  THAT THE REQUIRED REDUCTION OF PAYMENTS BY SUCH THIRD  PARTY  PAYORS  TO
   44  THE  HOSPITALS OCCURS. THE AFFECTED HOSPITALS AND THE THIRD PARTY PAYORS
   45  IN THE REGION SHALL SELECT AN INDEPENDENT THIRD PARTY TO  DETERMINE  THE
   46  REDUCTIONS WHICH SHALL OCCUR FROM PREVIOUSLY NEGOTIATED RATES FOR CLAIMS
   47  PAYMENTS  TO  SUCH HOSPITALS BY SPECIFIED THIRD PARTY PAYORS IN ORDER TO
   48  AVOID DUPLICATE FUNDING PURSUANT TO THIS PARAGRAPH. PRIOR TO THE  IMPLE-
   49  MENTATION  OF THESE PROVISIONS, A REPORT SHALL BE PREPARED BY SUCH INDE-
   50  PENDENT  THIRD  PARTY  TO  ANALYZE  THE  ANTICIPATED  IMPACT  OF   THESE
   51  PROVISIONS  ON GRADUATE MEDICAL EDUCATION AND THE PROMOTION OF COMMUNITY
   52  HEALTH IN THE ROCHESTER REGION. THE REPORT WILL CONSIDER: THE IMPACT  OF
   53  THE PROPOSAL ON THE DEVELOPMENT AND RETENTION OF THE PHYSICIAN WORKFORCE
   54  IN  ROCHESTER  AND  THE SURROUNDING REGION AS A RESULT OF ITS EFFECTS ON
   55  THE SUPPORT OF GRADUATE MEDICAL EDUCATION; THE IMPACT OF THE PROPOSAL ON
   56  THE HEALTHCARE  COMMUNITY  (INCLUDING  HOSPITALS  AND  OTHER  HEALTHCARE
       S. 4207                            115
    1  PROVIDERS),  THIRD  PARTY  PAYORS, THE BUSINESS COMMUNITY AND CONSUMERS;
    2  AND THE OVERALL IMPACT OF THE PROPOSAL ON THE HEALTHCARE DELIVERY SYSTEM
    3  IN THE ROCHESTER REGION, INCLUDING  ITS  SUPPORT  FOR  COMMUNITY  HEALTH
    4  INITIATIVES AND HEALTHCARE PLANNING. THE REPORT WILL BE SUBMITTED TO THE
    5  SPEAKER  OF  THE  ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE AND TO
    6  THE COMMISSIONER OF HEALTH NO LATER THAN OCTOBER 1, 2015.
    7    S 8. This act shall take effect immediately; provided,  however,  that
    8  the  amendments  made to section 2807-s of the public health law made by
    9  sections six and seven of this act shall not affect  the  expiration  of
   10  such section and shall be deemed to expire therewith.
   11                                   PART GG
   12    Section  1. Section 2825 of the public health law, as added by section
   13  8 of part A of chapter 60 of the laws of 2014, is  amended  to  read  as
   14  follows:
   15    S 2825. Capital restructuring financing program. 1. A capital restruc-
   16  turing  financing program is hereby established under the joint adminis-
   17  tration of the commissioner and the president of the dormitory authority
   18  of the state of New York, SUBJECT TO AN APPROPRIATION, for  the  purpose
   19  of  enhancing  the  quality,  financial  viability and efficiency of New
   20  York's health care delivery system by transforming  the  system  into  a
   21  more  rational  patient-centered  care  system  that promotes population
   22  health and improved well-being for all New Yorkers. The issuance of  any
   23  bonds or notes hereunder shall further be subject to the approval of the
   24  director  of the division of the budget, and any projects funded through
   25  the issuance of bonds or notes hereunder shall be approved  by  the  New
   26  York  state  public authorities control board, as required under section
   27  fifty-one of the public authorities law.
   28    2. For the period April first, two thousand [fourteen] FIFTEEN through
   29  March thirty-first, two thousand twenty-one, funds made  available  [for
   30  expenditure]  pursuant to this section [may] SHALL be distributed by the
   31  commissioner and the president of the authority,  in  consultation  with
   32  the commissioners of the office of mental health, office for people with
   33  developmental disabilities and office for alcoholism and substance abuse
   34  services, as applicable, [for:
   35    (a)  capital  grants  to  general  hospitals,  residential health care
   36  facilities, diagnostics and  treatment  centers,  and  clinics  licensed
   37  pursuant  to  this  chapter  or  the mental hygiene law, assisted living
   38  programs, primary care providers, and home care providers  certified  or
   39  licensed  pursuant  to  article thirty-six of this chapter (collectively
   40  "applicants") that qualify for payments under the delivery system reform
   41  incentive payment program (DSRIP), in  which  case  funding  under  this
   42  paragraph shall be requested in such applicant's DSRIP application. Such
   43  capital  grant projects include, but are not limited to; closures, merg-
   44  ers,  restructuring,  improvements  to  infrastructure,  development  of
   45  primary care service capacity, development of telehealth infrastructure,
   46  the promotion of integrated delivery systems that strengthen and protect
   47  continued access to essential health care services and other transforma-
   48  tional  projects  as determined by the commissioner and the president of
   49  the authority.
   50    (b) capital grants  to  general  hospitals,  residential  health  care
   51  facilities,  diagnostic  and  treatment  centers,  and  clinics licensed
   52  pursuant to this chapter or the  mental  hygiene  law,  assisted  living
   53  programs,  primary  care  providers,  home  care providers, certified or
   54  licensed pursuant to article thirty-six of  this  chapter  (collectively
       S. 4207                            116
    1  "applicants")  that  are non-qualifying and non-participating applicants
    2  under paragraph (a) of this  subdivision,  for  capital  non-operational
    3  works  or  purposes that support the purposes set forth in this section.
    4  Such  capital  grant projects include, but are not limited to;] PURSUANT
    5  TO A PROCESS AND PLAN APPROVED BY THE GOVERNOR, TEMPORARY  PRESIDENT  OF
    6  THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
    7    (A) I. UPON APPROVAL OF A PROCESS AND PLAN, FUNDS SHALL BE DISTRIBUTED
    8  TO SUPPORT DEBT RETIREMENT, NON-OPERATIONAL CAPITAL PROJECTS AND NON-CA-
    9  PITAL  PROJECTS,  INCLUDING  BUT  NOT  LIMITED  TO  PROJECTS  RELATED TO
   10  closures, mergers, restructuring, improvements to infrastructure, devel-
   11  opment of primary  care  service  capacity,  development  of  telehealth
   12  infrastructure,  [the  promotion  of  integrated  delivery  systems that
   13  strengthen  and  protect  continued  access  to  essential  health  care
   14  services]  ESTABLISHMENT  OR EXPANSION OF HEALTH INFORMATION TECHNOLOGY,
   15  ESTABLISHMENT OF THE STATEWIDE HEALTH INFORMATION NETWORK OF  NEW  YORK,
   16  AND THE ESTABLISHMENT OF AN ALL PAYER DATABASE WITH THE DEPARTMENT.
   17    II.  CRITERIA ESTABLISHED FOR APPLICANTS INTENDING TO RETIRE DEBT MUST
   18  INCLUDE REQUIREMENTS TO DEMONSTRATE  A  REASONABLE  RESTRUCTURING  PLAN,
   19  WHICH DEMONSTRATES LONG TERM SUSTAINABILITY OF THE APPLICANT.
   20    (B) ELIGIBLE FUNDING RECIPIENTS SHALL INCLUDE GENERAL HOSPITALS, RESI-
   21  DENTIAL  HEALTH CARE FACILITIES, DIAGNOSTIC AND TREATMENT CENTERS, CLIN-
   22  ICS LICENSED PURSUANT  TO  THIS  CHAPTER  OR  THE  MENTAL  HYGIENE  LAW,
   23  ASSISTED  LIVING  PROGRAMS,  PRIMARY CARE PROVIDERS, HOME CARE PROVIDERS
   24  CERTIFIED OR LICENSED PURSUANT TO ARTICLE THIRTY-SIX  OF  THIS  CHAPTER,
   25  COMMUNITY  HEALTH  CARE PROVIDERS, AND FACILITIES AND PROVIDERS THAT ARE
   26  AFFILIATED WITH OR LEADS OF A PERFORMING PROVIDER SYSTEM  (PPS)  IN  THE
   27  DELIVERY  SYSTEM  REFORM  INCENTIVE PROGRAM (DSRIP), AND REGIONAL HEALTH
   28  INFORMATION ORGANIZATIONS.
   29    3. The commissioner and the president of  the  authority  shall  enter
   30  into an agreement, subject to approval by the director of the budget and
   31  subject  to  section  sixteen hundred eighty-r of the public authorities
   32  law, as added by [a] chapter FIFTY-FIVE of  the  laws  of  two  thousand
   33  fourteen,  for the purposes of awarding, distributing, and administering
   34  the funds made available pursuant to this section.
   35    [(a) For capital grant projects under paragraph (a) of subdivision two
   36  of this section, the  evaluation  of  applications  shall  be  submitted
   37  pursuant to the process described in paragraph (b) of subdivision twenty
   38  of  section twenty-eight hundred seven of this article; provided, howev-
   39  er, that such capital grant projects shall not be subject to  review  by
   40  the federal Centers for Medicare and Medicaid services.
   41    (b)]  For monies allocated under [paragraph (b) of] subdivision two of
   42  this section:
   43    [(i)] (A) the department shall post on its website, for a period of no
   44  less than thirty days:
   45    [(A)] (I) the process by which such applications shall be reviewed;
   46    [(B)] (II) the criteria by which such applications  shall  be  judged;
   47  and
   48    [(C)]  (III)  a list of approved and denied applications subsequent to
   49  such determination.
   50    [(ii)] (B) the evaluation of applications shall  be  reviewed  by  the
   51  department,  pursuant  to a process to be determined by the department[.
   52  Applications shall then be subject to review by  the  panel  established
   53  pursuant  to paragraph (b) of subdivision twenty of section twenty-eight
   54  hundred seven of this article, which shall submit its recommendations to
   55  the commissioner for final determination. Determination  of  awards  for
   56  funds  allocated under paragraph (b) of subdivision two of this section,
       S. 4207                            117
    1  shall include] INCLUDING, but not [be] limited to the  following  crite-
    2  ria:
    3    [(A)] (I) eligibility requirements for applicants;
    4    [(B)] (II) statewide geographic distribution of funds;
    5    [(C)] (III) minimum and maximum amounts of funding to be awarded under
    6  the program;
    7    [(D)]  (IV) the relationship between the project proposed by an appli-
    8  cant and identified community need;
    9    [(E)] (V) the extent to which the applicant has access to  alternative
   10  financing;
   11    [(F)]  (VI)  the  extent  to  which  the proposed project furthers the
   12  purposes set forth [in this section;
   13    (G) the extent that the proposed project furthers the  development  of
   14  primary care;
   15    (H)  the extent to which the proposed project benefits Medicaid enrol-
   16  lees and uninsured individuals;
   17    (I) the extent to which the proposed project addresses potential  risk
   18  to patient safety and welfare;
   19    (J)  the  extent  that the proposed project involves an applicant that
   20  receives or has applied for a  temporary  rate  adjustment  pursuant  to
   21  applicable regulations; and
   22    (K)  the  extent  to which the proposed project will contribute to the
   23  long term sustainability of the applicant] BY THE PLAN APPROVED TO ALLO-
   24  CATE FUNDS.
   25    The commissioner shall provide a report on a quarterly  basis  to  the
   26  chairs of the senate finance, assembly ways and means, senate health and
   27  assembly  health  committees.  Such  reports shall be submitted no later
   28  than sixty days after the close of the quarter, and shall conform to the
   29  reporting requirements of subdivision  twenty  of  section  twenty-eight
   30  hundred seven of this article, as applicable.
   31    S  2.  Paragraphs (b) and (e) of subdivision 20 of section 2807 of the
   32  public health law, as added by section 8-a of part A of  chapter  60  of
   33  the laws of 2014, are amended to read as follows:
   34    (b)  The  commissioner  shall  establish  an advisory panel to provide
   35  assistance with regard to the DSRIP program. The panel shall be  charged
   36  with  reviewing  recommendations  for  DSRIP funding made by the state's
   37  contracted DSRIP assessor and advising the  commissioner  regarding  the
   38  results of such review. [Such panel shall also review applications under
   39  paragraph  (b)  of subdivision two of section twenty-eight hundred twen-
   40  ty-five of this article.] Panel membership shall be comprised  of  indi-
   41  viduals  with significant health care system experience. Members may not
   42  be elected officials or employed by providers that  would  benefit  from
   43  DSRIP  funding,  and  must  not have any conflict of interest that would
   44  prevent them from providing an impartial review of DSRIP assessor recom-
   45  mendations. The panel shall consist of members appointed by the  commis-
   46  sioner  and  shall  in  addition  consist of one member appointed by the
   47  [majority leader] TEMPORARY PRESIDENT of the New York state senate,  and
   48  one  member appointed by the speaker of the New York state assembly. The
   49  panel shall carry out the review  of  DSRIP  recommendations  in  strict
   50  accordance  with  all requirements set forth in the state's federal 1115
   51  Medicaid waiver standard terms and conditions. The  panel  shall  submit
   52  its  recommendations  to  the  commissioner  for final determination, in
   53  accordance with all requirements set forth in the state's  federal  1115
   54  Medicaid  waiver  standard  terms  and  conditions. The commissioner may
   55  modify the requirements of this paragraph  and  paragraph  (c)  of  this
   56  subdivision if such modifications are required by the federal CMS.
       S. 4207                            118
    1    (e)  Notwithstanding any provision of law to the contrary, the commis-
    2  sioners of the department of health, the office of  mental  health,  the
    3  office  for  people  with  developmental disabilities, and the office of
    4  alcoholism and substance abuse services  are  authorized  to  waive  any
    5  regulatory  requirements  as  are  necessary, consistent with applicable
    6  law, to allow applicants under this subdivision [and  paragraph  (a)  of
    7  subdivision  two  of  section  twenty-eight  hundred twenty-five of this
    8  article] to avoid duplication of requirements and to allow the efficient
    9  implementation of the proposed project; provided,  however,  that  regu-
   10  lations  pertaining  to  patient safety may not be waived, nor shall any
   11  regulations be waived if such waiver would  risk  patient  safety.  Such
   12  waiver  shall  not  exceed  the life of the project or such shorter time
   13  periods as the authorizing commissioner may  determine.  Any  regulatory
   14  relief  granted pursuant to this subdivision shall be described, includ-
   15  ing each regulations waived and the project it relates to, in the report
   16  provided pursuant to paragraph (c) of this subdivision.
   17    S 3. This act shall take effect immediately.
   18    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   19  sion, section or part of this act shall be  adjudged  by  any  court  of
   20  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   21  impair, or invalidate the remainder thereof, but shall  be  confined  in
   22  its  operation  to the clause, sentence, paragraph, subdivision, section
   23  or part thereof directly involved in the controversy in which such judg-
   24  ment shall have been rendered. It is hereby declared to be the intent of
   25  the legislature that this act would  have  been  enacted  even  if  such
   26  invalid provisions had not been included herein.
   27    S  3.  This  act shall take effect immediately provided, however, that
   28  the applicable effective date of Parts A through GG of this act shall be
   29  as specifically set forth in the last section of such Parts.