Bill Text: NY A03007 | 2025-2026 | General Assembly | Introduced
Bill Title: Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2025-2026 state fiscal year; requires the commissioner of health to provide a quarterly report on known and expected department of health state funds Medicaid expenditures through state fiscal year 2026-2027 (Part A); extends the effectiveness of various provisions relating to social services and healthcare and determines which contracts shall expire September 30, 2025 until September 30, 2026 (Part B); relates to allowing a provider to provide additional information to a preferred drug program to justify the use of a prescription drug; repeals provisions relating to requiring managed care providers to cover certain medically necessary prescription drugs (Part C); reduces the hospital capital rate add-on (Part D); excludes managed care plans from the independent resolution process; shifts long-term nursing home stays from managed care to fee for service; authorizes penalties for managed care plans that do not meet contractual obligations (Part E); requires a health plan to pay the MCO provider tax for each calendar year; requires every health plan subject to the approved MCO provider tax to submit reports; imposes penalties for failure to submit such timely payments; grants the commissioner of health audit powers; relates to the healthcare stability fund; relates to Medicaid payment increases for certain medical services; makes certain Medicaid payment increases contingent upon the availability of funds within the healthcare stability fund; makes related provisions (Part F); relates to insurance coverage for medical malpractice paid for by funds from the hospital excess liability pool; extends portions of the New York Health Care Reform Act of 1996 (Part G); repeals provisions relating to enhancing the quality of adult living; repeals provisions relating to enriched housing programs; discontinues the empire clinical research investigator program; repeals provisions relating to the tick-borne disease institute (Part H); eliminates the fee paid by funeral directors for permits for burials and removals which are used to support the electronic death registration system (Part I); relates to extending the time for awards to be granted to applications for the statewide health care facility transformation III program (Part J); relates to appointment, duties, and other related provisions to the appointment of temporary operators for general hospitals, diagnostic and treatment centers, and adult care facilities (Part K); removes the requirement that consent for the payment of certain medical services must occur after such services are administered (Part L); requires general hospitals to report community benefit spending (Part M); relates to expanding the purposes of the spinal cord injury research board (Part N); updates controlled substance schedules to conform with those of the federal drug enforcement administration and updates the term "addict" to "person with a substance use disorder" (Part O); relates to protocols for emergency treatment of maternity patients and requirements for labelling of abortion medications (Part P); relates to improving access to and increasing coverage for infertility treatments (Part Q); requires the development of a statewide comprehensive emergency medical system plan and county EMS plans; declares EMS an essential service (Part R); strengthens requirements for material transactions reporting by healthcare entities to the department of health (Part S); requires hospitals to have sexual assault forensic examiners (Part T); removes provisions of law requiring the department of health to prepare and maintain a complete typewritten, printed, photographic or magnetically stored index of all births and deaths registered; makes related provisions and technical amendments; authorizes the commissioner of health to determine the means and methods by which genealogical records may be released (Part U); expands the scope of practice of certified nurse aides (Subpart A); expands the scope of practice of medical assistants (Subpart B); provides for the administration of certain immunizations by pharmacists and pharmacy technicians (Subpart C); permits pharmacists to prescribe medications to treat nicotine dependence for smoking cessation (Subpart D); repeals articles governing certain healthcare professions in the education law and adding such laws to the public health law and transferring all functions, powers, duties, obligations and appropriations relating thereto (Subpart E); relates to supervision requirements of physician assistants (Subpart F) (Part V); enacts the nurse licensure compact to facilitate multistate licensure for nurses; makes related provisions (Part W); relates to the scope of practice of dental hygienists (Part X); extends certain acute care hospital services outside the facility and into patients' residences (Part Y); makes permanent the provisions relating to preferred sources for entities that provide employment to certain persons (Part Z); makes permanent provisions relating to clarifying the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs (Part AA); relates to the effectiveness of certain provisions relating to the appointment of temporary operators for the continued operation of programs and the provision of services for persons with serious mental illness and/or developmental disabilities and/or chemical dependence (Part BB); extends certain provisions relating to services for individuals with developmental disabilities (Part CC); amends the definition of minor to exclude certain homeless youth for purposes of allowing such homeless youth to consent to certain medical, dental, health and hospital services, including behavioral health services (Part DD); relates to involuntary admission and assisted outpatient treatment (Part EE); provides that director of the budget, the commissioners of the office of mental health, office for people with developmental disabilities, office of addiction services and supports, office of temporary and disability assistance, office of children and family services, and the state office for the aging shall establish a state fiscal year 2025-2026 targeted inflationary increase, effective April 1, 2025, for projecting for the effects of inflation upon rates of payments, contracts, or any other form of reimbursement for the programs and services (Part FF).
Spectrum: Committee Bill
Status: (Introduced) 2025-01-22 - referred to ways and means [A03007 Detail]
Download: New_York-2025-A03007-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 3007 A. 3007 SENATE - ASSEMBLY January 22, 2025 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to general hospital reimbursement for annual rates, in relation to known and projected department of health state fund medicaid expenditures (Part A); to amend part B of chapter 57 of the laws of 2015, amending the social services law and other laws relating to supplemental rebates, in relation to extending the expiration thereof; to amend chapter 942 of the laws of 1983 and chapter 541 of the laws of 1984 relating to foster family care demonstration programs, in relation to extending the expirations thereof; to amend chapter 256 of the laws of 1985, amending the social services law and other laws relating to foster family care demonstration programs, in relation to extending the expi- ration thereof; to amend the social services law, in relation to extending provisions relating to health and mental hygiene; to amend part C of chapter 58 of the laws of 2009, amending the public health law relating to payment by governmental agencies for general hospital inpatient services, 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 healthcare facilities, in relation to the effectiveness thereof; to amend section 2 of chapter 137 of the laws of 2023, amending the public health law relating to establishing a community-based paramedicine demonstration program, in relation to extending 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 extending the effectiveness of certain provisions thereof; to amend part FFF of chapter 59 of the laws of 2018, amending the public health law relating to authorizing the commissioner of health to redeploy excess reserves of certain not-for-profit managed care organizations, in relation to the effectiveness thereof; to amend chapter 451 of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12571-01-5S. 3007 2 A. 3007 laws of 2007, amending the public health law, the social services law and the insurance law relating to providing enhanced consumer and provider protections, in relation to the effectiveness of certain provisions relating to contracts between plans, insurers, or corpo- rations and hospitals; to amend the public health law, in relation to reimbursement rate promulgation for residential health care facili- ties, and in relation to certified home health agency services payments; to amend part C of chapter 60 of the laws of 2014, amending the social services law relating to fair hearings within the Fully Integrated Duals Advantage program, in relation to the effectiveness thereof; to amend chapter 884 of the laws of 1990, amending the public health law relating to authorizing bad debt and charity care allow- ances for certified home health agencies, in relation to extending the provisions thereof; to amend chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, in relation to the effectiveness of certain provisions thereof; 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, in relation to extending government rates for behavioral services; to amend the public health law, in relation to gross receipts for general hospital assessments; to amend part MM of chapter 57 of the laws of 2021 amending the public health law relating to aiding in the transition to adulthood for children with medical fragility living in pediatric nursing homes and other settings, in relation to the effectiveness thereof; to amend chapter 633 of the laws of 2006, amending the public health law relating to the home based primary care for the elderly demonstration project, in relation to the effectiveness thereof; to amend chapter 19 of the laws of 1998, amending the social services law relating to limiting the method of payment for prescription drugs under the medical assistance program, in relation to the effectiveness thereof; to amend part BBB of chapter 56 of the laws of 2022, amending the public health law and other laws relating to permitting the commissioner of health to submit a waiver that expands eligibility for New York's basic health program and increases the federal poverty limit cap for basic health program eligibility from two hundred to two hundred fifty percent, in relation to extending certain provisions related to providing long-term services and supports under the essential plan; to amend the social services law, in relation to which contracts stay in force after September 30, 2025; and to amend part MM of chapter 56 of the laws of 2020 directing the department of health to establish or procure the services of an independent panel of clinical professionals and to develop and implement a uniform task-based assessment tool, in relation to which contracts stay in force after September 30, 2025 (Part B); to amend the public health law, in relation to prescriber prevails; and to repeal certain provisions of the social services law relating to coverage for certain prescription drugs (Part C); to amend the public health law, in relation to reducing the hospital capital rate add-on (Part D); to amend the financial services law, in relation to excluding managed care plans from the independent resolution proc- ess; and to amend the social services law, in relation to shifting long-term nursing home stays from managed care to fee for service, and authorizing penalties for managed care plans that do not meet contrac- tual obligations (Part E); to amend the public health law, in relation to establishing a tax on managed care providers; to amend the stateS. 3007 3 A. 3007 finance law, in relation to the healthcare stability fund; and to amend part I of chapter 57 of the laws of 2022 providing a one percent across the board payment increase to all qualifying fee-for-service Medicaid rates, in relation to certain Medicaid payments made for certain medical services (Part F); to amend chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to insur- ance coverage paid for by funds from the hospital excess liability pool and extending the effectiveness of certain provisions thereof; to amend part J of chapter 63 of the laws of 2001 amending chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to extending certain provisions concerning the hospital excess liability pool; and to amend part H of chapter 57 of the laws of 2017 amending the New York Health Care Reform Act of 1996 and other laws relating to extending certain provisions relating thereto, in relation to extending provisions relating to excess coverage (Part G); to repeal section 461-s of the social services law relating to enhanc- ing the quality of adult living; to repeal paragraph (c) of subdivi- sion 1 of section 461-b of the social services law, relating to enriched housing programs; to amend the public health law and the state finance law, in relation to the discontinuation of the empire clinical research investigator program; and to repeal article 27-H of the public health law relating to the tick-borne disease institute (Part H); to amend the public health law, in relation to eliminating the fees paid by funeral directors for permits for burials and removals which are used to support the electronic death registration system; and to repeal certain provisions of such law relating thereto (Part I); to amend the public health law, in relation to the due date for awards applied for under the statewide health care facility trans- formation III program (Part J); to amend the public health law, in relation to appointing a temporary operator for general hospitals, diagnostic and treatment centers, and adult care facilities (Part K); to amend the public health law, in relation to removing the require- ment that consent for the payment of certain medical services must occur after such services are administered (Part L); to amend the public health law, in relation to requiring general hospitals to report community benefit spending (Part M); to amend the public health law, in relation to expanding the purposes of the spinal cord injury research board (Part N); to amend the public health law, in relation to updating controlled substance schedules to conform with those of the federal drug enforcement administration and updating the term "addict" to "person with a substance use disorder" (Part O); to amend the public health law, in relation to emergency medical treatment protocols for maternity patients; and to amend the education law, in relation to labeling of abortion medications (Part P); to amend the social services law and the public health law, in relation to estab- lishing increased coverage of care as well as availability of care for infertility treatments; and to repeal section 4 of part K of chapter 82 of the laws of 2002 amending the insurance law and the public health law relating to coverage for the diagnosis and treatment of infertility, relating to the establishment of a program to provide grants to health care providers for improving access to infertility services (Part Q); to amend the public health law and the general municipal law, in relation to requiring the development of a statewide comprehensive emergency medical system plan and county EMS plans, andS. 3007 4 A. 3007 declaring EMS an essential service (Part R); to amend the public health law, in relation to strengthening material transactions report- ing requirements (Part S); to amend the public health law, in relation to requiring hospitals to maintain sexual assault forensic examiners at their facilities (Part T); to amend the public health law, in relation to eliminating administrative barriers to, and offset actual costs of, timely fulfillment of vital records requests; and to repeal certain provisions of such law relating thereto (Part U); to amend the education law and the public health law, in relation to the scope of practice of certified nurse aides; and providing for the repeal of such provisions upon the expiration thereof (Subpart A); to amend the education law and the public health law, in relation to the scope and practice of medical assistants (Subpart B); to amend the education law, in relation to the administration of certain immunizations by pharmacists and pharmacy technicians (Subpart C); to amend the educa- tion law, in relation to authorizing a licensed pharmacist to prescribe and order medications to treat nicotine dependence for smok- ing cessation (Subpart D); to repeal certain articles of the education law governing certain healthcare professions and adding such laws to the public health law and transferring all functions, powers, duties, obligations and appropriations relating thereto (Subpart E); and to amend the education law and the public health law, in relation to physician assistants (Subpart F) (Part V); to amend the education law, in relation to enacting the nurse licensure compact (Part W); to amend the education law, in relation to the scope of practice of dental hygienists (Part X); to amend the public health law, in relation to extending hospital services outside the facility and into patients' residences (Part Y); to amend chapter 565 of the laws of 2022 amending the state finance law relating to preferred source status for entities that provide employment to certain persons, in relation to the effec- tiveness thereof (Part Z); to amend part NN of chapter 58 of the laws of 2015, amending the mental hygiene law relating to clarifying the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs, in relation to the effectiveness thereof (Part AA); to amend part L of chapter 59 of the laws of 2016, amending the mental hygiene law relating to the appointment of temporary operators for the continued operation of programs and the provision of services for persons with serious mental illness and/or developmental disabilities and/or chemical depend- ence, in relation to the effectiveness thereof (Part BB); to amend part A of chapter 56 of the laws of 2013, amending the social services law and other laws relating to enacting the major components of legis- lation necessary to implement the health and mental hygiene budget for the 2013-2014 state fiscal year, in relation to the effectiveness of certain provisions thereof (Part CC); to amend the mental hygiene law and the public health law, in relation to adding homeless youth to the definition of minors for the purpose of consent for certain treatment (Part DD); to amend the mental hygiene law, in relation to involuntary admission and assisted outpatient treatment (Part EE); and in relation to establishing a targeted inflationary increase for designated programs (Part FF) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:S. 3007 5 A. 3007 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state health and mental hygiene budget for 3 the 2025-2026 state fiscal year. Each component is wholly contained 4 within a Part identified as Parts A through FF. The effective date for 5 each particular provision contained within such Part is set forth in the 6 last section of such Part. Any provision in any section contained within 7 a Part, including the effective date of the Part, which makes a refer- 8 ence to a section "of this act", when used in connection with that 9 particular component, shall be deemed to mean and refer to the corre- 10 sponding section of the Part in which it is found. Section three of this 11 act sets forth the general effective date of this act. 12 PART A 13 Section 1. Paragraph (a) of subdivision 1 of section 92 of part H of 14 chapter 59 of the laws of 2011, amending the public health law and other 15 laws relating to general hospital reimbursement for annual rates, as 16 amended by section 1 of part A of chapter 57 of the laws of 2024, is 17 amended to read as follows: 18 (a) For state fiscal years 2011-12 through [2025-26] 2026-27, the 19 director of the budget, in consultation with the commissioner of health 20 referenced as "commissioner" for purposes of this section, shall assess 21 on a quarterly basis, as reflected in quarterly reports pursuant to 22 subdivision five of this section known and projected department of 23 health state funds medicaid expenditures by category of service and by 24 geographic regions, as defined by the commissioner. 25 § 2. This act shall take effect immediately and shall be deemed to 26 have been in full force and effect on and after April 1, 2025. 27 PART B 28 Section 1. Subdivision 1-a of section 60 of part B of chapter 57 of 29 the laws of 2015, amending the social services law and other laws relat- 30 ing to supplemental rebates, as amended by section 10 of part BB of 31 chapter 56 of the laws of 2020, is amended to read as follows: 32 1-a. section fifty-two of this act shall expire and be deemed repealed 33 March 31, [2025] 2030; 34 § 2. Section 3 of chapter 942 of the laws of 1983, relating to foster 35 family care demonstration programs, as amended by chapter 264 of the 36 laws of 2021, is amended to read as follows: 37 § 3. This act shall take effect immediately and shall expire December 38 31, [2025] 2027. 39 § 3. Section 3 of chapter 541 of the laws of 1984, relating to foster 40 family care demonstration programs, as amended by chapter 264 of the 41 laws of 2021, is amended to read as follows: 42 § 3. This section and subdivision two of section two of this act shall 43 take effect immediately and the remaining provisions of this act shall 44 take effect on the one hundred twentieth day next thereafter. This act 45 shall expire December 31, [2025] 2027. 46 § 4. Section 6 of chapter 256 of the laws of 1985, amending the social 47 services law and other laws relating to foster family care demonstration 48 programs, as amended by chapter 264 of the laws of 2021, is amended to 49 read as follows: 50 § 6. This act shall take effect immediately and shall expire December 51 31, [2025] 2027 and upon such date the provisions of this act shall be 52 deemed to be repealed.S. 3007 6 A. 3007 1 § 5. The opening paragraph of paragraph (m) of subdivision 3 of 2 section 461-l of the social services law, as amended by section 1 of 3 part CC of chapter 57 of the laws of 2022, is amended to read as 4 follows: 5 Beginning April first, two thousand [twenty-five] twenty-six, addi- 6 tional assisted living program beds shall be approved on a case by case 7 basis whenever the commissioner of health is satisfied that public need 8 exists at the time and place and under circumstances proposed by the 9 applicant. 10 § 6. Subdivision (f) of section 129 of part C of chapter 58 of the 11 laws of 2009, amending the public health law relating to payment by 12 governmental agencies for general hospital inpatient services, as 13 amended by section 2 of part CC of chapter 57 of the laws of 2022, is 14 amended to read as follows: 15 (f) section twenty-five of this act shall expire and be deemed 16 repealed April 1, [2025] 2028; 17 § 7. Paragraph (a) of subdivision 1 of section 212 of chapter 474 of 18 the laws of 1996, amending the education law and other laws relating to 19 rates for residential healthcare facilities, as amended by section 4 of 20 part CC of chapter 57 of the laws of 2022, is amended to read as 21 follows: 22 (a) Notwithstanding any inconsistent provision of law or regulation to 23 the contrary, effective beginning August 1, 1996, for the period April 24 1, 1997 through March 31, 1998, April 1, 1998 for the period April 1, 25 1998 through March 31, 1999, August 1, 1999, for the period April 1, 26 1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000 27 through March 31, 2001, April 1, 2001, for the period April 1, 2001 28 through March 31, 2002, April 1, 2002, for the period April 1, 2002 29 through March 31, 2003, and for the state fiscal year beginning April 1, 30 2005 through March 31, 2006, and for the state fiscal year beginning 31 April 1, 2006 through March 31, 2007, and for the state fiscal year 32 beginning April 1, 2007 through March 31, 2008, and for the state fiscal 33 year beginning April 1, 2008 through March 31, 2009, and for the state 34 fiscal year beginning April 1, 2009 through March 31, 2010, and for the 35 state fiscal year beginning April 1, 2010 through March 31, 2016, and 36 for the state fiscal year beginning April 1, 2016 through March 31, 37 2019, and for the state fiscal year beginning April 1, 2019 through 38 March 31, 2022, and for the state fiscal year beginning April 1, 2022 39 through March 31, 2025, and for the state fiscal year beginning April 1, 40 2025 through March 31, 2028, the department of health is authorized to 41 pay public general hospitals, as defined in subdivision 10 of section 42 2801 of the public health law, operated by the state of New York or by 43 the state university of New York or by a county, which shall not include 44 a city with a population of over one million, of the state of New York, 45 and those public general hospitals located in the county of Westchester, 46 the county of Erie or the county of Nassau, additional payments for 47 inpatient hospital services as medical assistance payments pursuant to 48 title 11 of article 5 of the social services law for patients eligible 49 for federal financial participation under title XIX of the federal 50 social security act in medical assistance pursuant to the federal laws 51 and regulations governing disproportionate share payments to hospitals 52 up to one hundred percent of each such public general hospital's medical 53 assistance and uninsured patient losses after all other medical assist- 54 ance, including disproportionate share payments to such public general 55 hospital for 1996, 1997, 1998, and 1999, based initially for 1996 on 56 reported 1994 reconciled data as further reconciled to actual reportedS. 3007 7 A. 3007 1 1996 reconciled data, and for 1997 based initially on reported 1995 2 reconciled data as further reconciled to actual reported 1997 reconciled 3 data, for 1998 based initially on reported 1995 reconciled data as 4 further reconciled to actual reported 1998 reconciled data, for 1999 5 based initially on reported 1995 reconciled data as further reconciled 6 to actual reported 1999 reconciled data, for 2000 based initially on 7 reported 1995 reconciled data as further reconciled to actual reported 8 2000 data, for 2001 based initially on reported 1995 reconciled data as 9 further reconciled to actual reported 2001 data, for 2002 based initial- 10 ly on reported 2000 reconciled data as further reconciled to actual 11 reported 2002 data, and for state fiscal years beginning on April 1, 12 2005, based initially on reported 2000 reconciled data as further recon- 13 ciled to actual reported data for 2005, and for state fiscal years 14 beginning on April 1, 2006, based initially on reported 2000 reconciled 15 data as further reconciled to actual reported data for 2006, for state 16 fiscal years beginning on and after April 1, 2007 through March 31, 17 2009, based initially on reported 2000 reconciled data as further recon- 18 ciled to actual reported data for 2007 and 2008, respectively, for state 19 fiscal years beginning on and after April 1, 2009, based initially on 20 reported 2007 reconciled data, adjusted for authorized Medicaid rate 21 changes applicable to the state fiscal year, and as further reconciled 22 to actual reported data for 2009, for state fiscal years beginning on 23 and after April 1, 2010, based initially on reported reconciled data 24 from the base year two years prior to the payment year, adjusted for 25 authorized Medicaid rate changes applicable to the state fiscal year, 26 and further reconciled to actual reported data from such payment year, 27 and to actual reported data for each respective succeeding year. The 28 payments may be added to rates of payment or made as aggregate payments 29 to an eligible public general hospital. 30 § 8. Section 2 of chapter 137 of the laws of 2023, amending the public 31 health law relating to establishing a community-based paramedicine 32 demonstration program, is amended to read as follows: 33 § 2. This act shall take effect immediately and shall expire and be 34 deemed repealed [2] 4 years after such date; provided, however, that if 35 this act shall have become a law on or after May 22, 2023 this act shall 36 take effect immediately and shall be deemed to have been in full force 37 and effect on and after May 22, 2023. 38 § 9. Subdivision 12 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 chapter 161 of the laws 41 of 2023, is amended to read as follows: 42 12. Sections one hundred five-b through one hundred five-f of this act 43 shall expire June 30, [2025] 2027. 44 § 10. Section 2 of subpart B of part FFF of chapter 59 of the laws of 45 2018, amending the public health law relating to authorizing the commis- 46 sioner of health to redeploy excess reserves of certain not-for-profit 47 managed care organizations, as amended by chapter 197 of the laws of 48 2023, is amended to read as follows: 49 § 2. This act shall take effect August 1, 2018 and shall expire and be 50 deemed repealed August 1, [2025] 2027, but, shall not apply to any enti- 51 ty or any subsidiary or affiliate of such entity that disposes of all or 52 a material portion of its assets pursuant to a transaction that: (1) was 53 the subject of a request for regulatory approval first made to the 54 commissioner of health between January 1, 2017, and December 31, 2017; 55 and (2) receives regulatory approval from the commissioner of health 56 prior to July 31, 2018.S. 3007 8 A. 3007 1 § 11. Subdivision 1 of section 20 of chapter 451 of the laws of 2007, 2 amending the public health law, the social services law and the insur- 3 ance law relating to providing enhanced consumer and provider 4 protections, as amended by section 1 of part B of chapter 57 of the laws 5 of 2023, is amended to read as follows: 6 1. sections four, eleven and thirteen of this act shall take effect 7 immediately and shall expire and be deemed repealed June 30, [2025] 8 2027; 9 § 12. Paragraph (b) of subdivision 17 of section 2808 of the public 10 health law, as amended by section 12 of part B of chapter 57 of the laws 11 of 2023, is amended to read as follows: 12 (b) Notwithstanding any inconsistent provision of law or regulation to 13 the contrary, for the state fiscal years beginning April first, two 14 thousand ten [and ending March thirty-first, two thousand twenty-five], 15 the commissioner shall not be required to revise certified rates of 16 payment established pursuant to this article [for rate periods prior to17April first, two thousand twenty-five], based on consideration of rate 18 appeals filed by residential health care facilities or based upon 19 adjustments to capital cost reimbursement as a result of approval by the 20 commissioner of an application for construction under section twenty- 21 eight hundred two of this article, in excess of an aggregate annual 22 amount of eighty million dollars for each such state fiscal year 23 provided, however, that for the period April first, two thousand eleven 24 through March thirty-first, two thousand twelve such aggregate annual 25 amount shall be fifty million dollars. In revising such rates within 26 such fiscal limit, the commissioner shall, in prioritizing such rate 27 appeals, include consideration of which facilities the commissioner 28 determines are facing significant financial hardship as well as such 29 other considerations as the commissioner deems appropriate and, further, 30 the commissioner is authorized to enter into agreements with such facil- 31 ities or any other facility to resolve multiple pending rate appeals 32 based upon a negotiated aggregate amount and may offset such negotiated 33 aggregate amounts against any amounts owed by the facility to the 34 department, including, but not limited to, amounts owed pursuant to 35 section twenty-eight hundred seven-d of this article; provided, however, 36 that the commissioner's authority to negotiate such agreements resolving 37 multiple pending rate appeals as hereinbefore described shall continue 38 [on and after April first, two thousand twenty-five]. Rate adjustments 39 made pursuant to this paragraph remain fully subject to approval by the 40 director of the budget in accordance with the provisions of subdivision 41 two of section twenty-eight hundred seven of this article. 42 § 13. Paragraph (a) of subdivision 13 of section 3614 of the public 43 health law, as amended by section 13 of part B of chapter 57 of the laws 44 of 2023, is amended to read as follows: 45 (a) Notwithstanding any inconsistent provision of law or regulation 46 and subject to the availability of federal financial participation, 47 effective April first, two thousand twelve [through March thirty-first,48two thousand twenty-five] and thereafter, payments by government agen- 49 cies for services provided by certified home health agencies, except for 50 such services provided to children under eighteen years of age and other 51 discreet groups as may be determined by the commissioner pursuant to 52 regulations, shall be based on episodic payments. In establishing such 53 payments, a statewide base price shall be established for each sixty day 54 episode of care and adjusted by a regional wage index factor and an 55 individual patient case mix index. Such episodic payments may be further 56 adjusted for low utilization cases and to reflect a percentage limita-S. 3007 9 A. 3007 1 tion of the cost for high-utilization cases that exceed outlier thresh- 2 olds of such payments. 3 § 14. Subdivision 4-a of section 71 of part C of chapter 60 of the 4 laws of 2014, amending the social services law relating to fair hearings 5 within the Fully Integrated Duals Advantage program, as amended by 6 section 27 of part B of chapter 57 of the laws of 2023, is amended to 7 read as follows: 8 4-a. section twenty-two of this act shall take effect April 1, 2014, 9 and shall be deemed expired January 1, [2026] 2028; 10 § 15. Section 11 of chapter 884 of the laws of 1990, amending the 11 public health law relating to authorizing bad debt and charity care 12 allowances for certified home health agencies, as amended by section 29 13 of part B of chapter 57 of the laws of 2023, is amended to read as 14 follows: 15 § 11. This act shall take effect immediately and: 16 (a) sections one and three shall expire on December 31, 1996, and 17 (b) [sections four through ten shall expire on June 30, 2025, and18(c)] provided that the amendment to section 2807-b of the public 19 health law by section two of this act shall not affect the expiration of 20 such section 2807-b as otherwise provided by law and shall be deemed to 21 expire therewith. 22 § 16. Subdivision 5-a of section 246 of chapter 81 of the laws of 23 1995, amending the public health law and other laws relating to medical 24 reimbursement and welfare reform, as amended by section 30 of part B of 25 chapter 57 of the laws of 2023, is amended to read as follows: 26 5-a. Section sixty-four-a of this act shall be deemed to have been in 27 full force and effect on and after April 1, 1995 through March 31, 1999 28 and on and after July 1, 1999 through March 31, 2000 and on and after 29 April 1, 2000 through March 31, 2003 and on and after April 1, 2003 30 through March 31, 2007, and on and after April 1, 2007 through March 31, 31 2009, and on and after April 1, 2009 through March 31, 2011, and on and 32 after April 1, 2011 through March 31, 2013, and on and after April 1, 33 2013 through March 31, 2015, and on and after April 1, 2015 through 34 March 31, 2017 and on and after April 1, 2017 through March 31, 2019, 35 and on and after April 1, 2019 through March 31, 2021, and on and after 36 April 1, 2021 through March 31, 2023, and on and after April 1, 2023 37 through March 31, 2025, and thereafter; 38 § 17. Section 64-b of chapter 81 of the laws of 1995, amending the 39 public health law and other laws relating to medical reimbursement and 40 welfare reform, as amended by section 31 of part B of chapter 57 of the 41 laws of 2023, is amended to read as follows: 42 § 64-b. Notwithstanding any inconsistent provision of law, the 43 provisions of subdivision 7 of section 3614 of the public health law, as 44 amended, shall remain and be in full force and effect on April 1, 1995 45 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on 46 and after April 1, 2000 through March 31, 2003 and on and after April 1, 47 2003 through March 31, 2007, and on and after April 1, 2007 through 48 March 31, 2009, and on and after April 1, 2009 through March 31, 2011, 49 and on and after April 1, 2011 through March 31, 2013, and on and after 50 April 1, 2013 through March 31, 2015, and on and after April 1, 2015 51 through March 31, 2017 and on and after April 1, 2017 through March 31, 52 2019, and on and after April 1, 2019 through March 31, 2021, and on and 53 after April 1, 2021 through March 31, 2023, and on and after April 1, 54 2023 through March 31, 2025, and thereafter. 55 § 18. Section 4-a of part A of chapter 56 of the laws of 2013, amend- 56 ing chapter 59 of the laws of 2011 amending the public health law andS. 3007 10 A. 3007 1 other laws relating to general hospital reimbursement for annual rates, 2 as amended by section 32 of part B of chapter 57 of the laws of 2023, is 3 amended to read as follows: 4 § 4-a. Notwithstanding paragraph (c) of subdivision 10 of section 5 2807-c of the public health law, section 21 of chapter 1 of the laws of 6 1999, or any other contrary provision of law, in determining rates of 7 payments by state governmental agencies effective for services provided 8 on and after January 1, 2017 [through March 31, 2025] and thereafter, 9 for inpatient and outpatient services provided by general hospitals, for 10 inpatient services and adult day health care outpatient services 11 provided by residential health care facilities pursuant to article 28 of 12 the public health law, except for residential health care facilities or 13 units of such facilities providing services primarily to children under 14 twenty-one years of age, for home health care services provided pursuant 15 to article 36 of the public health law by certified home health agen- 16 cies, long term home health care programs and AIDS home care programs, 17 and for personal care services provided pursuant to section 365-a of the 18 social services law, the commissioner of health shall apply no greater 19 than zero trend factors attributable to the 2017, 2018, 2019, 2020, 20 2021, 2022, 2023, 2024 and 2025 calendar years and thereafter in accord- 21 ance with paragraph (c) of subdivision 10 of section 2807-c of the 22 public health law, provided, however, that such no greater than zero 23 trend factors attributable to such 2017, 2018, 2019, 2020, 2021, 2022, 24 2023, 2024 and 2025 calendar years and thereafter shall also be applied 25 to rates of payment provided on and after January 1, 2017 [through March2631, 2025] and thereafter for personal care services provided in those 27 local social services districts, including New York city, whose rates of 28 payment for such services are established by such local social services 29 districts pursuant to a rate-setting exemption issued by the commission- 30 er of health to such local social services districts in accordance with 31 applicable regulations; and provided further, however, that for rates of 32 payment for assisted living program services provided on and after Janu- 33 ary 1, 2017 [through March 31, 2025] and thereafter, such trend factors 34 attributable to the 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 and 35 2025 calendar years and thereafter shall be established at no greater 36 than zero percent. 37 § 19. Subdivision 2 of section 246 of chapter 81 of the laws of 1995, 38 amending the public health law and other laws relating to medical 39 reimbursement and welfare reform, as amended by section 33 of part B of 40 chapter 57 of the laws of 2023, is amended to read as follows: 41 2. Sections five, seven through nine, twelve through fourteen, and 42 eighteen of this act shall be deemed to have been in full force and 43 effect on and after April 1, 1995 through March 31, 1999 and on and 44 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000 45 through March 31, 2003 and on and after April 1, 2003 through March 31, 46 2006 and on and after April 1, 2006 through March 31, 2007 and on and 47 after April 1, 2007 through March 31, 2009 and on and after April 1, 48 2009 through March 31, 2011 and sections twelve, thirteen and fourteen 49 of this act shall be deemed to be in full force and effect on and after 50 April 1, 2011 through March 31, 2015 and on and after April 1, 2015 51 through March 31, 2017 and on and after April 1, 2017 through March 31, 52 2019, and on and after April 1, 2019 through March 31, 2021, and on and 53 after April 1, 2021 through March 31, 2023, and on and after April 1, 54 2023 through March 31, 2025, and thereafter;S. 3007 11 A. 3007 1 § 20. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 2 2807-d of the public health law, as amended by section 34 of part B of 3 chapter 57 of the laws of 2023, 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, and further provided that for all such gross receipts 30 received on or after April first, two thousand seventeen through March 31 thirty-first, two thousand nineteen such assessment shall be six 32 percent, and further provided that for all such gross receipts received 33 on or after April first, two thousand nineteen through March thirty- 34 first, two thousand twenty-one such assessment shall be six percent, and 35 further provided that for all such gross receipts received on or after 36 April first, two thousand twenty-one through March thirty-first, two 37 thousand twenty-three such assessment shall be six percent, and further 38 provided that for all such gross receipts received on or after April 39 first, two thousand twenty-three through March thirty-first, two thou- 40 sand twenty-five such assessment shall be six percent, and further 41 provided that for all such gross receipts received on or after April 42 first, two thousand twenty-five through March thirty-first, two thousand 43 twenty-nine such assessment shall be six percent. 44 § 21. Section 3 of part MM of chapter 57 of the laws of 2021, amending 45 the public health law relating to aiding in the transition to adulthood 46 for children with medical fragility living in pediatric nursing homes 47 and other settings, as amended by section 35 of part B of chapter 57 of 48 the laws of 2023, is amended to read as follows: 49 § 3. This act shall take effect on the one hundred twentieth day after 50 it shall have become a law; provided however, that section one of this 51 act shall expire and be deemed repealed [four] six years after such 52 effective date; and provided further, that section two of this act shall 53 expire and be deemed repealed [five] seven years after such effective 54 date. 55 § 22. Section 2 of chapter 633 of the laws of 2006, amending the 56 public health law relating to the home based primary care for the elder-S. 3007 12 A. 3007 1 ly demonstration project, as amended by section 1 of item OOO of subpart 2 B of part XXX of chapter 58 of the laws of 2020, is amended to read as 3 follows: 4 § 2. This act shall take effect immediately and shall expire and be 5 deemed repealed January 1, [2026] 2031. 6 § 23. Section 4 of chapter 19 of the laws of 1998, amending the social 7 services law relating to limiting the method of payment for prescription 8 drugs under the medical assistance program, as amended by section 14 of 9 part B of chapter 57 of the laws of 2023, is amended to read as follows: 10 § 4. This act shall take effect 120 days after it shall have become a 11 law [and shall expire and be deemed repealed March 31, 2025]. 12 § 24. Subdivisions (b) and (c) of section 8 of part BBB of chapter 56 13 of the laws of 2022, amending the public health law and other laws 14 relating to permitting the commissioner of health to submit a waiver 15 that expands eligibility for New York's basic health program and 16 increases the federal poverty limit cap for basic health program eligi- 17 bility from two hundred to two hundred fifty percent, as amended by 18 section 3 of part J of chapter 57 of the laws of 2024, are amended to 19 read as follows: 20 (b) section four of this act shall expire and be deemed repealed 21 December 31, [2025] 2030; provided, however, the amendments to paragraph 22 (c) of subdivision 1 of section 369-gg of the social services law made 23 by such section of this act shall be subject to the expiration and 24 reversion of such paragraph pursuant to section 2 of part H of chapter 25 57 of the laws of 2021 when upon such date, the provisions of section 26 five of this act shall take effect; provided, however, the amendments to 27 such paragraph made by section five of this act shall expire and be 28 deemed repealed December 31, [2025] 2030; 29 (c) section six of this act shall take effect January 1, [2026] 2031; 30 provided, however, the amendments to paragraph (c) of subdivision 1 of 31 section 369-gg of the social services law made by such section of this 32 act shall be subject to the expiration and reversion of such paragraph 33 pursuant to section 2 of part H of chapter 57 of the laws of 2021 when 34 upon such date, the provisions of section seven of this act shall take 35 effect; and 36 § 25. Subdivision 10 of section 365-a of the social services law, as 37 amended by section 1 of part QQ of chapter 57 of the laws of 2022, is 38 amended to read as follows: 39 10. The department of health shall establish or procure the services 40 of an independent assessor or assessors no later than October 1, 2022, 41 in a manner and schedule as determined by the commissioner of health, to 42 take over from local departments of social services, Medicaid Managed 43 Care providers, and Medicaid managed long term care plans performance of 44 assessments and reassessments required for determining individuals' 45 needs for personal care services, including as provided through the 46 consumer directed personal assistance program, and other services or 47 programs available pursuant to the state's medical assistance program as 48 determined by such commissioner for the purpose of improving efficiency, 49 quality, and reliability in assessment and to determine individuals' 50 eligibility for Medicaid managed long term care plans. Notwithstanding 51 the provisions of section one hundred sixty-three of the state finance 52 law, or sections one hundred forty-two and one hundred forty-three of 53 the economic development law, or any contrary provision of law, 54 contracts may be entered or the commissioner may amend and extend the 55 terms of a contract awarded prior to the effective date and entered into 56 to conduct enrollment broker and conflict-free evaluation services forS. 3007 13 A. 3007 1 the Medicaid program, if such contract or contract amendment is for the 2 purpose of procuring such assessment services from an independent asses- 3 sor. Contracts entered into, amended, or extended pursuant to this 4 subdivision shall not remain in force beyond September 30, [2025] 2026. 5 § 26. Section 20 of part MM of chapter 56 of the laws of 2020, direct- 6 ing the department of health to establish or procure the services of an 7 independent panel of clinical professionals and to develop and implement 8 a uniform task-based assessment tool, as amended by section 3 of part QQ 9 of chapter 57 of the laws of 2022, is amended to read as follows: 10 § 20. The department of health shall establish or procure services of 11 an independent panel or panels of clinical professionals no later than 12 October 1, 2022, in a manner and schedule as determined by the commis- 13 sioner of health, to provide as appropriate independent physician or 14 other applicable clinician orders for personal care services, including 15 as provided through the consumer directed personal assistance program, 16 available pursuant to the state's medical assistance program and to 17 determine eligibility for the consumer directed personal assistance 18 program. Notwithstanding the provisions of section 163 of the state 19 finance law, or sections 142 and 143 of the economic development law, or 20 any contrary provision of law, contracts may be entered or the commis- 21 sioner of health may amend and extend the terms of a contract awarded 22 prior to the effective date and entered into to conduct enrollment 23 broker and conflict-free evaluation services for the Medicaid program, 24 if such contract or contract amendment is for the purpose of establish- 25 ing an independent panel or panels of clinical professionals as 26 described in this section. Contracts entered into, amended, or extended 27 pursuant to this section shall not remain in force beyond September 30, 28 [2025] 2026. 29 § 27. This act shall take effect immediately and shall be deemed to 30 have been in full force and effect on and after April 1, 2025. 31 PART C 32 Section 1. Paragraph (b) of subdivision 3 of section 273 of the public 33 health law, as added by section 10 of part C of chapter 58 of the laws 34 of 2005, is amended to read as follows: 35 (b) In the event that the patient does not meet the criteria in para- 36 graph (a) of this subdivision, the prescriber may provide additional 37 information to the program to justify the use of a prescription drug 38 that is not on the preferred drug list. The program shall provide a 39 reasonable opportunity for a prescriber to reasonably present [his or40her] the prescriber's justification of prior authorization. [If, after41consultation with the program, the prescriber, in his or her reasonable42professional judgment, determines that] The program will consider the 43 additional information and the justification presented to determine 44 whether the use of a prescription drug that is not on the preferred drug 45 list is warranted, and the [prescriber's] program's determination shall 46 be final. 47 § 2. Subdivisions 25 and 25-a of section 364-j of the social services 48 law are REPEALED. 49 § 3. This act shall take effect January 1, 2026. 50 PART D 51 Section 1. The opening paragraph of subparagraph (i) of paragraph (i) 52 of subdivision 35 of section 2807-c of the public health law, as amendedS. 3007 14 A. 3007 1 by section 5 of part D of chapter 57 of the laws of 2024, is amended to 2 read as follows: 3 Notwithstanding any inconsistent provision of this subdivision or any 4 other contrary provision of law and subject to the availability of 5 federal financial participation, for each state fiscal year from July 6 first, two thousand ten through December thirty-first, two thousand 7 twenty-four; and for the calendar year January first, two thousand twen- 8 ty-five through December thirty-first, two thousand twenty-five[; and9for each calendar year thereafter], the commissioner shall make addi- 10 tional inpatient hospital payments up to the aggregate upper payment 11 limit for inpatient hospital services after all other medical assistance 12 payments, but not to exceed two hundred thirty-five million five hundred 13 thousand dollars for the period July first, two thousand ten through 14 March thirty-first, two thousand eleven, three hundred fourteen million 15 dollars for each state fiscal year beginning April first, two thousand 16 eleven, through March thirty-first, two thousand thirteen, and no less 17 than three hundred thirty-nine million dollars for each state fiscal 18 year until December thirty-first, two thousand twenty-four; and then 19 from calendar year January first, two thousand twenty-five through 20 December thirty-first, two thousand twenty-five[; and for each calendar21year thereafter], to general hospitals, other than major public general 22 hospitals, providing emergency room services and including safety net 23 hospitals, which shall, for the purpose of this paragraph, be defined as 24 having either: a Medicaid share of total inpatient hospital discharges 25 of at least thirty-five percent, including both fee-for-service and 26 managed care discharges for acute and exempt services; or a Medicaid 27 share of total discharges of at least thirty percent, including both 28 fee-for-service and managed care discharges for acute and exempt 29 services, and also providing obstetrical services. Eligibility to 30 receive such additional payments shall be based on data from the period 31 two years prior to the rate year, as reported on the institutional cost 32 report submitted to the department as of October first of the prior rate 33 year. Such payments shall be made as medical assistance payments for 34 fee-for-service inpatient hospital services pursuant to title eleven of 35 article five of the social services law for patients eligible for feder- 36 al financial participation under title XIX of the federal social securi- 37 ty act and in accordance with the following: 38 § 2. Clause (A) of subparagraph (ii) of paragraph (b) of subdivision 39 5-d of section 2807-k of the public health law, as amended by section 1 40 of part E of chapter 57 of the laws of 2023, is amended to read as 41 follows: 42 (A) (1) one hundred thirty-nine million four hundred thousand dollars 43 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH") 44 payments to major public general hospitals; 45 (2) for the calendar years two thousand twenty-five and thereafter, 46 the total distributions to major public general hospitals shall be 47 subject to an aggregate reduction of one hundred thirteen million four 48 hundred thousand dollars annually, provided that general hospitals oper- 49 ated by the New York city health and hospitals corporation as estab- 50 lished by chapter one thousand sixteen of the laws of nineteen hundred 51 sixty-nine, as amended, shall not receive distributions pursuant to this 52 subdivision; and 53 § 3. This act shall take effect immediately and shall be deemed to 54 have been in full force and effect on and after April 1, 2025. 55 PART ES. 3007 15 A. 3007 1 Section 1. Section 602 of the financial services law, as added by 2 section 26 of part H of chapter 60 of the laws of 2014, is amended to 3 read as follows: 4 § 602. Applicability. [(a)] This article shall not apply to health 5 care services, including emergency services, where physician fees are 6 subject to schedules or other monetary limitations under any other law, 7 including the workers' compensation law and article fifty-one of the 8 insurance law, and shall not preempt any such law. This article also 9 shall not apply to health care services, including emergency services, 10 subject to medical assistance program coverage provided pursuant to 11 section three hundred sixty-four-j of the social services law. 12 § 2. Subdivision 3 of section 364-j of the social services law is 13 amended by adding a new paragraph (d-4) to read as follows: 14 (d-4) Notwithstanding paragraph (a) of this subdivision, the following 15 medical assistance recipients shall not be eligible to participate in 16 the managed care program authorized by this section or other care coor- 17 dination model established by article forty-four of the public health 18 law: any person who is permanently placed in a residential health care 19 facility for a consecutive period of three months or more. However, 20 nothing in this paragraph should be construed to apply to enrollees in 21 the Medicaid Advantage Plus Program, developed to enroll persons in 22 managed long-term care who are nursing home certifiable and who are 23 dually eligible pursuant to section forty-four hundred three-f of the 24 public health law. In implementing this provision, the department shall 25 continue to support service delivery and outcomes that result in commu- 26 nity living for enrollees. 27 § 3. Section 364-j of the social services law is amended by adding a 28 new subdivision 40 to read as follows: 29 40. (a) The commissioner shall be entitled to penalize managed care 30 providers for failure to meet the contractual obligations and perform- 31 ance standards of the executed contract between the state and a managed 32 care provider in place at the time of the failure. 33 (b) The commissioner shall have sole discretion in determining whether 34 to impose a penalty for noncompliance with any provision of such 35 contract. 36 (c) (i) Penalties imposed by this subdivision against a managed care 37 provider shall be from two hundred fifty dollars up to twenty-five thou- 38 sand dollars per violation depending on the severity of the noncompli- 39 ance as determined by the commissioner. 40 (ii) The commissioner may elect, in their sole discretion, to assess 41 penalties imposed by this section from, and as a set off against, 42 payments due to the managed care provider, or payments that becomes due 43 any time after the assessment of penalties. Deductions may continue 44 until the full amount of the noticed penalties are paid in full. 45 (iii) All penalties imposed by the commissioner pursuant to this 46 subdivision shall be paid out of the administrative costs and profits of 47 the managed care provider. The managed care provider shall not pass the 48 penalties imposed by the commissioner pursuant to this subdivision 49 through to any medical services provider and/or subcontractor. 50 (d) For the purposes of this subdivision a violation shall mean a 51 determination by the commissioner that the managed care provider failed 52 to act as required under the contract between the state and the managed 53 care provider in place at the time of the failure, or applicable federal 54 and state statutes, rules or regulations governing managed care provid- 55 ers. Each instance of a managed care provider failing to furnish neces- 56 sary and/or required medical services or items to each enrollee shall beS. 3007 16 A. 3007 1 a separate violation and each day that an ongoing violation continues 2 shall be a separate violation. 3 (e) No penalties shall be assessed pursuant to this subdivision with- 4 out providing an opportunity for a formal hearing conducted in accord- 5 ance with section twelve-a of the public health law. 6 (f) Nothing in this subdivision shall prohibit the imposition of 7 damages, penalties or other relief, otherwise authorized by law, includ- 8 ing but not limited to cases of fraud, waste or abuse. 9 (g) The commissioner may promulgate any regulations necessary to 10 implement the provisions of this subdivision. 11 § 4. This act shall take effect immediately; provided, however, that 12 section one of this act shall apply to disputes filed with the super- 13 intendent of financial services pursuant to article six of the financial 14 services law on or after such effective date; provided further, howev- 15 er, that section two of this act is subject to federal financial partic- 16 ipation; and provided further, however, that the amendments to section 17 364-j of the social services law made by sections two and three of this 18 act shall not affect the repeal of such section and shall be deemed 19 repealed therewith. 20 PART F 21 Section 1. Section 2807-ff of the public health law, as added by 22 section 1 of part II of chapter 57 of the laws of 2024, is amended to 23 read as follows: 24 § 2807-ff. New York managed care organization provider tax. 1. The 25 commissioner, subject to the approval of the director of the budget, 26 shall: apply for a waiver or waivers of the broad-based and uniformity 27 requirements related to the establishment of a New York managed care 28 organization provider tax (the "MCO provider tax") in order to secure 29 federal financial participation for the costs of the medical assistance 30 program; [issue regulations to implement the MCO provider tax;] and, 31 subject to approval by the centers for [medicare and medicaid] Medicare 32 and Medicaid services, impose the MCO provider tax as an assessment upon 33 insurers, health maintenance organizations, and managed care organiza- 34 tions (collectively referred to as "health plan") offering the following 35 plans or products: 36 (a) Medical assistance program coverage provided by managed care 37 providers pursuant to section three hundred sixty-four-j of the social 38 services law; 39 (b) A child health insurance plan certified pursuant to section twen- 40 ty-five hundred eleven of this chapter; 41 (c) Essential plan coverage certified pursuant to section three 42 hundred sixty-nine-gg of the social services law; 43 (d) Coverage purchased on the New York insurance exchange established 44 pursuant to section two hundred sixty-eight-b of this chapter; or 45 (e) Any other comprehensive coverage subject to articles thirty-two, 46 forty-two and forty-three of the insurance law, or article forty-four of 47 this chapter. 48 2. The MCO provider tax shall comply with all relevant provisions of 49 federal laws, rules and regulations. 50 3. The department shall post on its website the MCO provider tax 51 approval letter by the centers for Medicare and Medicaid services (the 52 "approval letter"). 53 4. A health plan, as defined in subdivision one of this section, shall 54 pay the MCO provider tax for each calendar year as follows:S. 3007 17 A. 3007 1 (a) For Medicaid member months below two hundred fifty thousand member 2 months, a health plan shall pay one hundred twenty-six dollars per 3 member month; 4 (b) For Medicaid member months greater than or equal to two hundred 5 fifty thousand member months but less than five hundred thousand member 6 months, a health plan shall pay eighty-eight dollars per member month; 7 (c) For Medicaid member months greater than or equal to five hundred 8 thousand member months, a health plan shall pay twenty-five dollars per 9 member month; 10 (d) For essential plan member months less than two hundred fifty thou- 11 sand member months, a health plan shall pay thirteen dollars per member 12 month; 13 (e) For essential plan member months greater than or equal to two 14 hundred fifty thousand member months, a health plan shall pay seven 15 dollars per member month; 16 (f) For non-essential plan non-Medicaid member months, consisting of 17 the populations covered by the products described in paragraphs (b), 18 (d), and (e) of subdivision one of this section, less than two hundred 19 fifty thousand member months, a health plan shall pay two dollars per 20 member month; and 21 (g) For non-essential plan non-Medicaid member months greater than or 22 equal to two hundred fifty thousand member months, a health plan shall 23 pay one dollar and fifty cents per member month. 24 5. A health plan shall remit the MCO provider tax due pursuant to this 25 section to the commissioner or their designee quarterly or at a frequen- 26 cy defined by the commissioner. 27 6. Funds accumulated from the MCO provider tax, including interest and 28 penalties, shall be deposited and credited by the commissioner, or the 29 commissioner's designee, to the healthcare stability fund established in 30 section ninety-nine-ss of the state finance law. 31 7. (a) Every health plan subject to the approved MCO provider tax 32 shall submit reports in a form prescribed by the commissioner to accu- 33 rately disclose information required to implement this section. 34 (b) If a health plan fails to file reports required pursuant to this 35 subdivision within sixty days of the date such reports are due and after 36 notification of such reporting delinquency, the commissioner may assess 37 a civil penalty of up to ten thousand dollars for each failure; 38 provided, however, that such civil penalty shall not be imposed if the 39 health plan demonstrates good cause for the failure to timely file such 40 reports. 41 8. (a) If a payment made pursuant to this section is not timely, 42 interest shall be payable in the same rate and manner as defined in 43 subdivision eight of section twenty-eight hundred seven-j of this arti- 44 cle. 45 (b) The commissioner may waive a portion or all of either the interest 46 or penalties, or both, assessed under this section if the commissioner 47 determines, in their sole discretion, that the health plan has demon- 48 strated that imposition of the full amount of the MCO provider tax 49 pursuant to the timelines applicable under the approval letter has a 50 high likelihood of creating an undue financial hardship for the health 51 plan or creates a significant financial difficulty in providing needed 52 services to Medicaid beneficiaries. In addition, the commissioner may 53 waive a portion or all of either the interest or penalties, or both, 54 assessed under this section if the commissioner determines, in their 55 sole discretion, that the health plan did not have the information 56 necessary from the department to pay the tax required in this section.S. 3007 18 A. 3007 1 Waiver of some or all of the interest or penalties pursuant to this 2 subdivision shall be conditioned on the health plan's agreement to make 3 MCO provider tax payments on an alternative schedule developed by the 4 department that takes into account the financial situation of the health 5 plan and the potential impact on the delivery of services to Medicaid 6 beneficiaries. 7 (c) Overpayment by or on behalf of a health plan of a payment shall be 8 applied to any other payment due from the health plan pursuant to this 9 section, or, if no payment is due, at the election of the health plan, 10 shall be applied to future payments or refunded to the health plan. 11 Interest shall be paid on overpayments from the date of overpayment to 12 the date of crediting or refunding at the rate determined in accordance 13 with this subdivision only if the overpayment was made at the direction 14 of the commissioner. Interest under this paragraph shall not be paid if 15 the amount thereof is less than one dollar. 16 9. Payments and reports submitted or required to be submitted to the 17 commissioner pursuant to this section by a health plan shall be subject 18 to audit by the commissioner for a period of six years following the 19 close of the calendar year in which such payments and reports are due, 20 after which such payments shall be deemed final and not subject to 21 further adjustment or reconciliation, including through offset adjust- 22 ments or reconciliations made by a health plan; provided, however, that 23 nothing in this section shall be construed as precluding the commission- 24 er from pursuing collection of any such payments which are identified as 25 delinquent within such six-year period, or which are identified as 26 delinquent as a result of an audit commenced within such six-year peri- 27 od, or from conducting an audit of any adjustment or reconciliation made 28 by a health plan, or from conducting an audit of payments made prior to 29 such six-year period which are found to be commingled with payments 30 which are otherwise subject to timely audit pursuant to this section. 31 10. In the event of a merger, acquisition, establishment, or any other 32 similar transaction that results in the transfer of health plan respon- 33 sibility for all enrollees under this section from a health plan to 34 another health plan or similar entity, and that occurs at any time 35 during which this section is effective, the resultant health plan or 36 similar entity shall be responsible for paying the full tax amount as 37 provided in this section that would have been the responsibility of the 38 health plan to which that full tax amount was assessed upon the effec- 39 tive date of any such transaction. If a merger, acquisition, establish- 40 ment, or any other similar transaction results in the transfer of health 41 plan responsibility for only some of a health plan's enrollees under 42 this section but not all enrollees, the full tax amount as provided in 43 this section shall remain the responsibility of that health plan to 44 which that full tax amount was assessed. 45 § 2. Section 99-rr of the state finance law, as added by section 2 of 46 part II of chapter 57 of the laws of 2024, is renumbered section 99-ss 47 and is amended to read to as follows: 48 § 99-ss. Healthcare stability fund. 1. There is hereby established in 49 the joint custody of the state comptroller and the commissioner of taxa- 50 tion and finance a special fund to be known as the "healthcare stability 51 fund" ("fund"). 52 2. (a) The fund shall consist of monies received from the imposition 53 of the centers for medicare and medicaid services-approved MCO provider 54 tax established pursuant to section twenty-eight hundred seven-ff of the 55 public health law, and all other monies appropriated, credited, or 56 transferred thereto from any other fund or source pursuant to law.S. 3007 19 A. 3007 1 (b) The pool administrator under contract with the commissioner of 2 health pursuant to section twenty-eight hundred seven-y of the public 3 health law shall collect moneys required to be collected as a result of 4 the implementation of the MCO provider tax. 5 3. Notwithstanding any provision of law to the contrary and subject to 6 available legislative appropriation and approval of the director of the 7 budget, monies of the fund may be available [for] to the department of 8 health for the purpose of: 9 (a) funding the non-federal share of increased capitation payments to 10 managed care providers, as defined in section three hundred sixty-four-j 11 of the social services law, for the medical assistance program, pursuant 12 to a plan developed and approved by the director of the budget; 13 (b) funding the non-federal share of the medical assistance program, 14 including supplemental support for the delivery of health care services 15 to medical assistance program enrollees and quality incentive programs; 16 (c) reimbursement to the general fund for expenditures incurred in the 17 medical assistance program, including, but not limited to, reimbursement 18 pursuant to a savings allocation plan established in accordance with 19 section ninety-two of part H of chapter fifty-nine of the laws of two 20 thousand eleven, as amended; and 21 (d) transfer to the capital projects fund, or any other capital 22 projects fund of the state to support the delivery of health care 23 services. 24 4. The monies shall be paid out of the fund on the audit and warrant 25 of the comptroller on vouchers certified or approved by the commissioner 26 of health, or by an officer or employee of the department of health 27 designated by the commissioner. 28 [4] 5. Monies disbursed from the fund shall be exempt from the calcu- 29 lation of department of health state funds medicaid expenditures under 30 subdivision one of section ninety-two of part H of chapter fifty-nine of 31 the laws of two thousand eleven, as amended. 32 [5] 6. Monies in such fund shall be kept separate from and shall not 33 be commingled with any other monies in the custody of the comptroller or 34 the commissioner of taxation and finance. Any monies of the fund not 35 required for immediate use may, at the discretion of the comptroller, in 36 consultation with the director of the budget, be invested by the comp- 37 troller in obligations of the United States or the state. Any income 38 earned by the investment of such monies shall be added to and become a 39 part of and shall be used for the purposes of such fund. 40 [6] 7. The director of the budget shall provide quarterly reports to 41 the speaker of the assembly, the temporary president of the senate, the 42 chair of the senate finance committee and the chair of the assembly ways 43 and means committee, on the receipts and distributions of the healthcare 44 stability fund, including an itemization of such receipts and disburse- 45 ments, the historical and projected expenditures, and the projected fund 46 balance. 47 8. The comptroller shall provide the pool administrator with any 48 information needed, in a form or format prescribed by the pool adminis- 49 trator, to meet reporting requirements as set forth in section twenty- 50 eight hundred seven-y of the public health law or as otherwise provided 51 by law. 52 § 3. Section 1-a of part I of chapter 57 of the laws of 2022 providing 53 a one percent across the board payment increase to all qualifying fee- 54 for-service Medicaid rates, as amended by section 1 of part NN of chap- 55 ter 57 of the laws of 2024, is amended to read as follows:S. 3007 20 A. 3007 1 § 1-a. Notwithstanding any provision of law to the contrary, for the 2 state fiscal years beginning April 1, 2023, and thereafter, Medicaid 3 payments made for the operating component of hospital inpatient services 4 shall be subject to a uniform rate increase of seven and one-half 5 percent in addition to the increase contained in section one of this 6 act, subject to the approval of the commissioner of health and the 7 director of the budget. Notwithstanding any provision of law to the 8 contrary, for the state fiscal years beginning April 1, 2023, and there- 9 after, Medicaid payments made for the operating component of hospital 10 outpatient services shall be subject to a uniform rate increase of six 11 and one-half percent in addition to the increase contained in section 12 one of this act, subject to the approval of the commissioner of health 13 and the director of the budget. Notwithstanding any provision of law to 14 the contrary, for the period April 1, 2024 through March 31, 2025 Medi- 15 caid payments made for hospital services shall be increased by an aggre- 16 gate amount of up to $525,000,000 in addition to the increase contained 17 in sections one and one-b of this act subject to the approval of the 18 commissioner of health and the director of the budget. Notwithstanding 19 any provision of law to the contrary, for the state fiscal years begin- 20 ning April 1, 2025, and thereafter, Medicaid payments made for the oper- 21 ating component of hospital outpatient services shall be subject to a 22 uniform rate increase pursuant to a plan approved by the director of the 23 budget in addition to the applicable increase contained in section one 24 of this act and this section, subject to the approval of the commission- 25 er of health and the director of the budget. Notwithstanding any 26 provision of law to the contrary, for the period April 1, 2025, and 27 thereafter, Medicaid payments made for hospital services shall be 28 increased by an aggregate amount of up to $425,000,000 in addition to 29 the increase contained in section one of this act and this section, 30 subject to the approval of the commissioner of health and the director 31 of the budget. Such rate increases shall be subject to federal financial 32 participation and the provisions established under section one-f of this 33 act. 34 § 4. Section 1-b of part I of chapter 57 of the laws of 2022 providing 35 a one percent across the board payment increase to all qualifying fee- 36 for-service Medicaid rates, as added by section 2 of part NN of chapter 37 57 of the laws of 2024, is amended to read as follows: 38 § 1-b. Notwithstanding any provision of law to the contrary, for the 39 state fiscal years beginning April 1, 2023, and thereafter, Medicaid 40 payments made for the operating component of residential health care 41 facilities services shall be subject to a uniform rate increase of 6.5 42 percent in addition to the increase contained in subdivision 1 of 43 section 1 of this part, subject to the approval of the commissioner of 44 the department of health and the director of the division of the budget; 45 provided, however, that such Medicaid payments shall be subject to a 46 uniform rate increase of up to 7.5 percent in addition to the increase 47 contained in subdivision 1 of section 1 of this part contingent upon 48 approval of the commissioner of the department of health, the director 49 of the division of the budget, and the Centers for Medicare and Medicaid 50 Services. Notwithstanding any provision of law to the contrary, for the 51 period April 1, 2024 through March 31, 2025 Medicaid payments made for 52 nursing home services shall be increased by an aggregate amount of up to 53 $285,000,000 in addition to the increase contained in [sections] section 54 one [and one-c] of this act and this section subject to the approval of 55 the commissioner of health and the director of the budget. Such rate 56 increases shall be subject to federal financial participation. Notwith-S. 3007 21 A. 3007 1 standing any provision of law to the contrary, for state fiscal years 2 beginning April 1, 2025, and thereafter Medicaid payments made for nurs- 3 ing home services shall be increased by an aggregate amount of up to 4 $385,000,000 in addition to the increase contained in section one of 5 this act and this section, subject to the approval of the commissioner 6 of health and the director of the budget. Such rate increases shall be 7 subject to federal financial participation and the provisions estab- 8 lished under section one-f of this act. 9 § 5. Sections 1-c and 1-d of part I of chapter 57 of the laws of 2022 10 providing a one percent across the board payment increase to all quali- 11 fying fee-for-service Medicaid rates, are renumbered sections 1-d and 12 1-e and a new section 1-c is added to read as follows: 13 § 1-c. Notwithstanding any provision of law to the contrary, for the 14 period April 1, 2025, and thereafter, Medicaid payments made for clinic 15 service provided by federally qualified health centers and diagnostic 16 and treatment centers shall be increased by an aggregate amount of up to 17 $20,000,000 in addition to any applicable increase contained in section 18 one of this act subject to the approval of the commissioner of health 19 and the director of the budget. Such rate increases shall be subject to 20 federal financial participation and the provisions established under 21 section one-f of this act. 22 § 6. Section 1-d of part I of chapter 57 of the laws of 2022 providing 23 a one percent across the board payment increase to all qualifying fee- 24 for-service Medicaid rates, as amended by section 3 of part NN of chap- 25 ter 57 of the laws of 2024, and as renumbered by section five of this 26 act, is amended to read as follows: 27 § 1-d. Notwithstanding any provision of law to the contrary, for the 28 state fiscal years beginning April 1, 2023, and thereafter, Medicaid 29 payments made for the operating component of assisted living programs as 30 defined by paragraph (a) of subdivision one of section 461-l of the 31 social services law shall be subject to a uniform rate increase of 6.5 32 percent in addition to the increase contained in section one of this 33 part, subject to the approval of the commissioner of the department of 34 health and the director of division of the budget. Notwithstanding any 35 provision of law to the contrary, for the period April 1, 2024 through 36 March 31, 2025, Medicaid payments for assisted living programs shall be 37 increased by up to $15,000,000 in addition to the increase contained in 38 this section subject to the approval of the commissioner of health and 39 the director of the budget. Notwithstanding any provision of law to the 40 contrary, for the state fiscal years beginning on April 1, 2025 and 41 thereafter, Medicaid payments for assisted living programs shall be 42 increased by up to $15,000,000 in addition to the increase contained in 43 this section subject to the approval of the commissioner of health and 44 the director of the budget. Such rate increases shall be subject to 45 federal financial participation and the provisions established under 46 section one-f of this act. 47 § 7. Section 1-e of part I of chapter 57 of the laws of 2022 providing 48 a one percent across the board payment increase to all qualifying fee- 49 for-service Medicaid rates, as added by section 4 of part NN of chapter 50 57 of the laws of 2024, and as renumbered by section five of this act, 51 is amended and a new section 1-f is added to read as follows: 52 § 1-e. Such increases as added by the chapter of the laws of 2024 that 53 added this section may take the form of increased rates of payment in 54 Medicaid fee-for-service and/or Medicaid managed care, lump sum 55 payments, or state directed payments under 42 CFR 438.6(c). Such rateS. 3007 22 A. 3007 1 increases shall be subject to federal financial participation and the 2 provisions established under section one-f of this act. 3 § 1-f. Such increases as added by the chapter of the laws of 2025 that 4 added this section shall be contingent upon the availability of funds 5 within the healthcare stability fund established by section 99-ss of the 6 state finance law. Upon a determination by the director of the budget 7 that the balance of such fund is projected to be insufficient to support 8 the continuation of such increases, the commissioner of health, subject 9 to the approval of the director of the budget, shall take steps neces- 10 sary to suspend or terminate such increases, until a determination is 11 made that there are sufficient balances to support these increases. 12 § 8. This act shall take effect immediately; provided, however, that 13 sections three, four, five, six and seven of this act shall be deemed to 14 have been in full force and effect on and after April 1, 2025. 15 PART G 16 Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266 17 of the laws of 1986, amending the civil practice law and rules and other 18 laws relating to malpractice and professional medical conduct, as 19 amended by section 1 of part K of chapter 57 of the laws of 2024, is 20 amended and a new subdivision 9 is added to read as follows: 21 (a) The superintendent of financial services and the commissioner of 22 health or their designee shall, from funds available in the hospital 23 excess liability pool created pursuant to subdivision 5 of this section, 24 purchase a policy or policies for excess insurance coverage, as author- 25 ized by paragraph 1 of subsection (e) of section 5502 of the insurance 26 law; or from an insurer, other than an insurer described in section 5502 27 of the insurance law, duly authorized to write such coverage and actual- 28 ly writing medical malpractice insurance in this state; or shall 29 purchase equivalent excess coverage in a form previously approved by the 30 superintendent of financial services for purposes of providing equiv- 31 alent excess coverage in accordance with section 19 of chapter 294 of 32 the laws of 1985, for medical or dental malpractice occurrences between 33 July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988, 34 between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 35 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 36 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 37 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, 38 between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 39 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 40 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 41 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, 42 between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 43 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 44 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 45 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, 46 between July 1, 2009 and June 30, 2010, between July 1, 2010 and June 47 30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012 48 and June 30, 2013, between July 1, 2013 and June 30, 2014, between July 49 1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016, 50 between July 1, 2016 and June 30, 2017, between July 1, 2017 and June 51 30, 2018, between July 1, 2018 and June 30, 2019, between July 1, 2019 52 and June 30, 2020, between July 1, 2020 and June 30, 2021, between July 53 1, 2021 and June 30, 2022, between July 1, 2022 and June 30, 2023, 54 between July 1, 2023 and June 30, 2024, [and] between July 1, 2024 andS. 3007 23 A. 3007 1 June 30, 2025, and between July 1, 2025 and June 30, 2026 or reimburse 2 the hospital where the hospital purchases equivalent excess coverage as 3 defined in subparagraph (i) of paragraph (a) of subdivision 1-a of this 4 section for medical or dental malpractice occurrences between July 1, 5 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between 6 July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, 7 between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 8 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 9 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 10 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, 11 between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 12 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001 13 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 14 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005, 15 between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 16 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 17 and June 30, 2009, between July 1, 2009 and June 30, 2010, between July 18 1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012, 19 between July 1, 2012 and June 30, 2013, between July 1, 2013 and June 20 30, 2014, between July 1, 2014 and June 30, 2015, between July 1, 2015 21 and June 30, 2016, between July 1, 2016 and June 30, 2017, between July 22 1, 2017 and June 30, 2018, between July 1, 2018 and June 30, 2019, 23 between July 1, 2019 and June 30, 2020, between July 1, 2020 and June 24 30, 2021, between July 1, 2021 and June 30, 2022, between July 1, 2022 25 and June 30, 2023, between July 1, 2023 and June 30, 2024, [and] between 26 July 1, 2024 and June 30, 2025, and between July 1, 2025 and June 30, 27 2026 for physicians or dentists certified as eligible for each such 28 period or periods pursuant to subdivision 2 of this section by a general 29 hospital licensed pursuant to article 28 of the public health law; 30 provided that no single insurer shall write more than fifty percent of 31 the total excess premium for a given policy year; and provided, however, 32 that such eligible physicians or dentists must have in force an individ- 33 ual policy, from an insurer licensed in this state of primary malprac- 34 tice insurance coverage in amounts of no less than one million three 35 hundred thousand dollars for each claimant and three million nine 36 hundred thousand dollars for all claimants under that policy during the 37 period of such excess coverage for such occurrences or be endorsed as 38 additional insureds under a hospital professional liability policy which 39 is offered through a voluntary attending physician ("channeling") 40 program previously permitted by the superintendent of financial services 41 during the period of such excess coverage for such occurrences. During 42 such period, such policy for excess coverage or such equivalent excess 43 coverage shall, when combined with the physician's or dentist's primary 44 malpractice insurance coverage or coverage provided through a voluntary 45 attending physician ("channeling") program, total an aggregate level of 46 two million three hundred thousand dollars for each claimant and six 47 million nine hundred thousand dollars for all claimants from all such 48 policies with respect to occurrences in each of such years provided, 49 however, if the cost of primary malpractice insurance coverage in excess 50 of one million dollars, but below the excess medical malpractice insur- 51 ance coverage provided pursuant to this act, exceeds the rate of nine 52 percent per annum, then the required level of primary malpractice insur- 53 ance coverage in excess of one million dollars for each claimant shall 54 be in an amount of not less than the dollar amount of such coverage 55 available at nine percent per annum; the required level of such coverage 56 for all claimants under that policy shall be in an amount not less thanS. 3007 24 A. 3007 1 three times the dollar amount of coverage for each claimant; and excess 2 coverage, when combined with such primary malpractice insurance cover- 3 age, shall increase the aggregate level for each claimant by one million 4 dollars and three million dollars for all claimants; and provided 5 further, that, with respect to policies of primary medical malpractice 6 coverage that include occurrences between April 1, 2002 and June 30, 7 2002, such requirement that coverage be in amounts no less than one 8 million three hundred thousand dollars for each claimant and three 9 million nine hundred thousand dollars for all claimants for such occur- 10 rences shall be effective April 1, 2002. 11 (9) This subdivision shall apply only to excess insurance coverage or 12 equivalent excess coverage for physicians or dentists that is eligible 13 to be paid for from funds available in the hospital excess liability 14 pool. 15 (a) Notwithstanding any law to the contrary, for any policy period 16 beginning on or after July 1, 2024, excess coverage shall be purchased 17 by a physician or dentist directly from a provider of excess insurance 18 coverage or equivalent excess coverage. At the conclusion of the policy 19 period the superintendent of financial services and the commissioner of 20 health or their designee shall, from funds available in the hospital 21 excess liability pool created pursuant to subdivision 5 of this section, 22 pay fifty percent of the premium to the provider of excess insurance 23 coverage or equivalent excess coverage, and the remaining fifty percent 24 shall be paid one year thereafter. 25 (b) Notwithstanding any law to the contrary, for any policy period 26 beginning on or after July 1, 2025, excess coverage shall be purchased 27 by a physician or dentist directly from a provider of excess insurance 28 coverage or equivalent excess coverage. Such provider of excess insur- 29 ance coverage or equivalent excess coverage shall bill, in a manner 30 consistent with paragraph (f) of this subdivision, the physician or 31 dentist for an amount equal to fifty percent of the premium for such 32 coverage, as established pursuant to paragraph (d) of this subdivision, 33 during the policy period. At the conclusion of the policy period the 34 superintendent of financial services and the commissioner of health or 35 their designee shall, from funds available in the hospital excess 36 liability pool created pursuant to subdivision 5 of this section, pay 37 half of the remaining fifty percent of the premium to the provider of 38 excess insurance coverage or equivalent excess coverage, and the remain- 39 ing twenty-five percent shall be paid one year thereafter. If the funds 40 available in the hospital excess liability pool are insufficient to meet 41 the percent of the costs of the excess coverage, the provisions of 42 subdivision 8 of this section shall apply. 43 (c) If at the conclusion of the policy period, a physician or dentist, 44 eligible for excess coverage paid for from funds available in the hospi- 45 tal excess liability pool, has failed to pay an amount equal to fifty 46 percent of the premium as established pursuant to paragraph (d) of this 47 subdivision, such excess coverage shall be cancelled and shall be null 48 and void as of the first day on or after the commencement of a policy 49 period where the liability for payment pursuant to this subdivision has 50 not been met. The provider of excess coverage shall remit any portion of 51 premium paid by the eligible physician or dentist for such a policy 52 period. 53 (d) The superintendent of financial services shall establish a rate 54 consistent with subdivision 3 of this section that providers of excess 55 insurance coverage or equivalent excess coverage will charge for such 56 coverage for each policy period. For the policy period beginning July 1,S. 3007 25 A. 3007 1 2025, the superintendent of financial services may direct that the 2 premium for that policy period be the same as it was for the policy 3 period that concluded June 30, 2024. 4 (e) No provider of excess insurance coverage or equivalent excess 5 coverage shall issue excess coverage to which this subdivision applies 6 to any physician or dentist unless that physician or dentist meets the 7 eligibility requirements for such coverage set forth in this section. 8 The superintendent of financial services and the commissioner of health 9 or their designee shall not make any payment under this subdivision to a 10 provider of excess insurance coverage or equivalent excess coverage for 11 excess coverage issued to a physician or dentist who does not meet the 12 eligibility requirements for participation in the hospital excess 13 liability pool program set forth in this section. 14 (f) A provider of excess insurance coverage or equivalent coverage 15 that issues excess coverage under this subdivision shall bill the physi- 16 cian or dentist for the portion of the premium required under paragraph 17 (a) of this subdivision in twelve equal monthly installments or in such 18 other manner as the physician or dentist may agree. 19 (g) The superintendent of financial services in consultation with the 20 commissioner of health may promulgate regulations giving effect to the 21 provisions of this subdivision. 22 § 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986, 23 amending the civil practice law and rules and other laws relating to 24 malpractice and professional medical conduct, as amended by section 2 of 25 part K of chapter 57 of the laws of 2024, is amended to read as follows: 26 (3)(a) The superintendent of financial services shall determine and 27 certify to each general hospital and to the commissioner of health the 28 cost of excess malpractice insurance for medical or dental malpractice 29 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988 30 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 31 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, 32 between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 33 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 34 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 35 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, 36 between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 37 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 38 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 39 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, 40 between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 41 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 42 and June 30, 2010, between July 1, 2010 and June 30, 2011, between July 43 1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013, 44 between July 1, 2013 and June 30, 2014, between July 1, 2014 and June 45 30, 2015, between July 1, 2015 and June 30, 2016, between July 1, 2016 46 and June 30, 2017, between July 1, 2017 and June 30, 2018, between July 47 1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020, 48 between July 1, 2020 and June 30, 2021, between July 1, 2021 and June 49 30, 2022, between July 1, 2022 and June 30, 2023, between July 1, 2023 50 and June 30, 2024, [and] between July 1, 2024 and June 30, 2025, and 51 between July 1, 2025 and June 30, 2026 allocable to each general hospi- 52 tal for physicians or dentists certified as eligible for purchase of a 53 policy for excess insurance coverage by such general hospital in accord- 54 ance with subdivision 2 of this section, and may amend such determi- 55 nation and certification as necessary.S. 3007 26 A. 3007 1 (b) The superintendent of financial services shall determine and 2 certify to each general hospital and to the commissioner of health the 3 cost of excess malpractice insurance or equivalent excess coverage for 4 medical or dental malpractice occurrences between July 1, 1987 and June 5 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 6 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 7 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, 8 between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 9 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 10 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 11 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, 12 between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 13 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 14 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 15 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, 16 between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 17 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010 18 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July 19 1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014, 20 between July 1, 2014 and June 30, 2015, between July 1, 2015 and June 21 30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017 22 and June 30, 2018, between July 1, 2018 and June 30, 2019, between July 23 1, 2019 and June 30, 2020, between July 1, 2020 and June 30, 2021, 24 between July 1, 2021 and June 30, 2022, between July 1, 2022 and June 25 30, 2023, between July 1, 2023 and June 30, 2024, [and] between July 1, 26 2024 and June 30, 2025, and between July 1, 2025 and June 30, 2026 allo- 27 cable to each general hospital for physicians or dentists certified as 28 eligible for purchase of a policy for excess insurance coverage or 29 equivalent excess coverage by such general hospital in accordance with 30 subdivision 2 of this section, and may amend such determination and 31 certification as necessary. The superintendent of financial services 32 shall determine and certify to each general hospital and to the commis- 33 sioner of health the ratable share of such cost allocable to the period 34 July 1, 1987 to December 31, 1987, to the period January 1, 1988 to June 35 30, 1988, to the period July 1, 1988 to December 31, 1988, to the period 36 January 1, 1989 to June 30, 1989, to the period July 1, 1989 to December 37 31, 1989, to the period January 1, 1990 to June 30, 1990, to the period 38 July 1, 1990 to December 31, 1990, to the period January 1, 1991 to June 39 30, 1991, to the period July 1, 1991 to December 31, 1991, to the period 40 January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December 41 31, 1992, to the period January 1, 1993 to June 30, 1993, to the period 42 July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June 43 30, 1994, to the period July 1, 1994 to December 31, 1994, to the period 44 January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December 45 31, 1995, to the period January 1, 1996 to June 30, 1996, to the period 46 July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June 47 30, 1997, to the period July 1, 1997 to December 31, 1997, to the period 48 January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December 49 31, 1998, to the period January 1, 1999 to June 30, 1999, to the period 50 July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June 51 30, 2000, to the period July 1, 2000 to December 31, 2000, to the period 52 January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30, 53 2002, to the period July 1, 2002 to June 30, 2003, to the period July 1, 54 2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to 55 the period July 1, 2005 and June 30, 2006, to the period July 1, 2006 56 and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to theS. 3007 27 A. 3007 1 period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and 2 June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the 3 period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and 4 June 30, 2013, to the period July 1, 2013 and June 30, 2014, to the 5 period July 1, 2014 and June 30, 2015, to the period July 1, 2015 and 6 June 30, 2016, to the period July 1, 2016 and June 30, 2017, to the 7 period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June 8 30, 2019, to the period July 1, 2019 to June 30, 2020, to the period 9 July 1, 2020 to June 30, 2021, to the period July 1, 2021 to June 30, 10 2022, to the period July 1, 2022 to June 30, 2023, to the period July 1, 11 2023 to June 30, 2024, [and] to the period July 1, 2024 to June 30, 12 2025, and to the period July 1, 2025 to June 30, 2026. 13 § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section 14 18 of chapter 266 of the laws of 1986, amending the civil practice law 15 and rules and other laws relating to malpractice and professional 16 medical conduct, as amended by section 3 of part K of chapter 57 of the 17 laws of 2024, are amended to read as follows: 18 (a) To the extent funds available to the hospital excess liability 19 pool pursuant to subdivision 5 of this section as amended, and pursuant 20 to section 6 of part J of chapter 63 of the laws of 2001, as may from 21 time to time be amended, which amended this subdivision, are insuffi- 22 cient to meet the costs of excess insurance coverage or equivalent 23 excess coverage for coverage periods during the period July 1, 1992 to 24 June 30, 1993, during the period July 1, 1993 to June 30, 1994, during 25 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995 26 to June 30, 1996, during the period July 1, 1996 to June 30, 1997, 27 during the period July 1, 1997 to June 30, 1998, during the period July 28 1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30, 29 2000, during the period July 1, 2000 to June 30, 2001, during the period 30 July 1, 2001 to October 29, 2001, during the period April 1, 2002 to 31 June 30, 2002, during the period July 1, 2002 to June 30, 2003, during 32 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004 33 to June 30, 2005, during the period July 1, 2005 to June 30, 2006, 34 during the period July 1, 2006 to June 30, 2007, during the period July 35 1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30, 36 2009, during the period July 1, 2009 to June 30, 2010, during the period 37 July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June 38 30, 2012, during the period July 1, 2012 to June 30, 2013, during the 39 period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to 40 June 30, 2015, during the period July 1, 2015 to June 30, 2016, during 41 the period July 1, 2016 to June 30, 2017, during the period July 1, 2017 42 to June 30, 2018, during the period July 1, 2018 to June 30, 2019, 43 during the period July 1, 2019 to June 30, 2020, during the period July 44 1, 2020 to June 30, 2021, during the period July 1, 2021 to June 30, 45 2022, during the period July 1, 2022 to June 30, 2023, during the period 46 July 1, 2023 to June 30, 2024, [and] during the period July 1, 2024 to 47 June 30, 2025, and during the period July 1, 2025 to June 30 2026 allo- 48 cated or reallocated in accordance with paragraph (a) of subdivision 4-a 49 of this section to rates of payment applicable to state governmental 50 agencies, each physician or dentist for whom a policy for excess insur- 51 ance coverage or equivalent excess coverage is purchased for such period 52 shall be responsible for payment to the provider of excess insurance 53 coverage or equivalent excess coverage of an allocable share of such 54 insufficiency, based on the ratio of the total cost of such coverage for 55 such physician to the sum of the total cost of such coverage for all 56 physicians applied to such insufficiency.S. 3007 28 A. 3007 1 (b) Each provider of excess insurance coverage or equivalent excess 2 coverage covering the period July 1, 1992 to June 30, 1993, or covering 3 the period July 1, 1993 to June 30, 1994, or covering the period July 1, 4 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 5 1996, or covering the period July 1, 1996 to June 30, 1997, or covering 6 the period July 1, 1997 to June 30, 1998, or covering the period July 1, 7 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 8 2000, or covering the period July 1, 2000 to June 30, 2001, or covering 9 the period July 1, 2001 to October 29, 2001, or covering the period 10 April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to 11 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or 12 covering the period July 1, 2004 to June 30, 2005, or covering the peri- 13 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to 14 June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or 15 covering the period July 1, 2008 to June 30, 2009, or covering the peri- 16 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to 17 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or 18 covering the period July 1, 2012 to June 30, 2013, or covering the peri- 19 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to 20 June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or 21 covering the period July 1, 2016 to June 30, 2017, or covering the peri- 22 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to 23 June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or 24 covering the period July 1, 2020 to June 30, 2021, or covering the peri- 25 od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to 26 June 30, 2023, or covering the period July 1, 2023 to June 30, 2024, or 27 covering the period July 1, 2024 to June 30, 2025, or covering the peri- 28 od July 1, 2025 to June 30, 2026 shall notify a covered physician or 29 dentist by mail, mailed to the address shown on the last application for 30 excess insurance coverage or equivalent excess coverage, of the amount 31 due to such provider from such physician or dentist for such coverage 32 period determined in accordance with paragraph (a) of this subdivision. 33 Such amount shall be due from such physician or dentist to such provider 34 of excess insurance coverage or equivalent excess coverage in a time and 35 manner determined by the superintendent of financial services. 36 (c) If a physician or dentist liable for payment of a portion of the 37 costs of excess insurance coverage or equivalent excess coverage cover- 38 ing the period July 1, 1992 to June 30, 1993, or covering the period 39 July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to 40 June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or 41 covering the period July 1, 1996 to June 30, 1997, or covering the peri- 42 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to 43 June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or 44 covering the period July 1, 2000 to June 30, 2001, or covering the peri- 45 od July 1, 2001 to October 29, 2001, or covering the period April 1, 46 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 47 2003, or covering the period July 1, 2003 to June 30, 2004, or covering 48 the period July 1, 2004 to June 30, 2005, or covering the period July 1, 49 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 50 2007, or covering the period July 1, 2007 to June 30, 2008, or covering 51 the period July 1, 2008 to June 30, 2009, or covering the period July 1, 52 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 53 2011, or covering the period July 1, 2011 to June 30, 2012, or covering 54 the period July 1, 2012 to June 30, 2013, or covering the period July 1, 55 2013 to June 30, 2014, or covering the period July 1, 2014 to June 30, 56 2015, or covering the period July 1, 2015 to June 30, 2016, or coveringS. 3007 29 A. 3007 1 the period July 1, 2016 to June 30, 2017, or covering the period July 1, 2 2017 to June 30, 2018, or covering the period July 1, 2018 to June 30, 3 2019, or covering the period July 1, 2019 to June 30, 2020, or covering 4 the period July 1, 2020 to June 30, 2021, or covering the period July 1, 5 2021 to June 30, 2022, or covering the period July 1, 2022 to June 30, 6 2023, or covering the period July 1, 2023 to June 30, 2024, or covering 7 the period July 1, 2024 to June 30, 2025, or covering the period July 1, 8 2025 to June 30, 2026 determined in accordance with paragraph (a) of 9 this subdivision fails, refuses or neglects to make payment to the 10 provider of excess insurance coverage or equivalent excess coverage in 11 such time and manner as determined by the superintendent of financial 12 services pursuant to paragraph (b) of this subdivision, excess insurance 13 coverage or equivalent excess coverage purchased for such physician or 14 dentist in accordance with this section for such coverage period shall 15 be cancelled and shall be null and void as of the first day on or after 16 the commencement of a policy period where the liability for payment 17 pursuant to this subdivision has not been met. 18 (d) Each provider of excess insurance coverage or equivalent excess 19 coverage shall notify the superintendent of financial services and the 20 commissioner of health or their designee of each physician and dentist 21 eligible for purchase of a policy for excess insurance coverage or 22 equivalent excess coverage covering the period July 1, 1992 to June 30, 23 1993, or covering the period July 1, 1993 to June 30, 1994, or covering 24 the period July 1, 1994 to June 30, 1995, or covering the period July 1, 25 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30, 26 1997, or covering the period July 1, 1997 to June 30, 1998, or covering 27 the period July 1, 1998 to June 30, 1999, or covering the period July 1, 28 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 29 2001, or covering the period July 1, 2001 to October 29, 2001, or cover- 30 ing the period April 1, 2002 to June 30, 2002, or covering the period 31 July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to 32 June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or 33 covering the period July 1, 2005 to June 30, 2006, or covering the peri- 34 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to 35 June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or 36 covering the period July 1, 2009 to June 30, 2010, or covering the peri- 37 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to 38 June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or 39 covering the period July 1, 2013 to June 30, 2014, or covering the peri- 40 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to 41 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or 42 covering the period July 1, 2017 to June 30, 2018, or covering the peri- 43 od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to 44 June 30, 2020, or covering the period July 1, 2020 to June 30, 2021, or 45 covering the period July 1, 2021 to June 30, 2022, or covering the peri- 46 od July 1, 2022 to June 30, 2023, or covering the period July 1, 2023 to 47 June 30, 2024, or covering the period July 1, 2024 to June 30, 2025, or 48 covering the period July 1, 2025 to June 30, 2026 that has made payment 49 to such provider of excess insurance coverage or equivalent excess 50 coverage in accordance with paragraph (b) of this subdivision and of 51 each physician and dentist who has failed, refused or neglected to make 52 such payment. 53 (e) A provider of excess insurance coverage or equivalent excess 54 coverage shall refund to the hospital excess liability pool any amount 55 allocable to the period July 1, 1992 to June 30, 1993, and to the period 56 July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to JuneS. 3007 30 A. 3007 1 30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the 2 period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to 3 June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to 4 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000 5 to June 30, 2001, and to the period July 1, 2001 to October 29, 2001, 6 and to the period April 1, 2002 to June 30, 2002, and to the period July 7 1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30, 8 2004, and to the period July 1, 2004 to June 30, 2005, and to the period 9 July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June 10 30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the 11 period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to 12 June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to 13 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012 14 to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, and 15 to the period July 1, 2014 to June 30, 2015, and to the period July 1, 16 2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and 17 to the period July 1, 2017 to June 30, 2018, and to the period July 1, 18 2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020, 19 and to the period July 1, 2020 to June 30, 2021, and to the period July 20 1, 2021 to June 30, 2022, and to the period July 1, 2022 to June 30, 21 2023, and to the period July 1, 2023 to June 30, 2024, and to the period 22 July 1, 2024 to June 30, 2025, and to the period July 1, 2025 to June 23 30, 2026 received from the hospital excess liability pool for purchase 24 of excess insurance coverage or equivalent excess coverage covering the 25 period July 1, 1992 to June 30, 1993, and covering the period July 1, 26 1993 to June 30, 1994, and covering the period July 1, 1994 to June 30, 27 1995, and covering the period July 1, 1995 to June 30, 1996, and cover- 28 ing the period July 1, 1996 to June 30, 1997, and covering the period 29 July 1, 1997 to June 30, 1998, and covering the period July 1, 1998 to 30 June 30, 1999, and covering the period July 1, 1999 to June 30, 2000, 31 and covering the period July 1, 2000 to June 30, 2001, and covering the 32 period July 1, 2001 to October 29, 2001, and covering the period April 33 1, 2002 to June 30, 2002, and covering the period July 1, 2002 to June 34 30, 2003, and covering the period July 1, 2003 to June 30, 2004, and 35 covering the period July 1, 2004 to June 30, 2005, and covering the 36 period July 1, 2005 to June 30, 2006, and covering the period July 1, 37 2006 to June 30, 2007, and covering the period July 1, 2007 to June 30, 38 2008, and covering the period July 1, 2008 to June 30, 2009, and cover- 39 ing the period July 1, 2009 to June 30, 2010, and covering the period 40 July 1, 2010 to June 30, 2011, and covering the period July 1, 2011 to 41 June 30, 2012, and covering the period July 1, 2012 to June 30, 2013, 42 and covering the period July 1, 2013 to June 30, 2014, and covering the 43 period July 1, 2014 to June 30, 2015, and covering the period July 1, 44 2015 to June 30, 2016, and covering the period July 1, 2016 to June 30, 45 2017, and covering the period July 1, 2017 to June 30, 2018, and cover- 46 ing the period July 1, 2018 to June 30, 2019, and covering the period 47 July 1, 2019 to June 30, 2020, and covering the period July 1, 2020 to 48 June 30, 2021, and covering the period July 1, 2021 to June 30, 2022, 49 and covering the period July 1, 2022 to June 30, 2023 for, and covering 50 the period July 1, 2023 to June 30, 2024, and covering the period July 51 1, 2024 to June 30, 2025, and covering the period July 1, 2025 to June 52 30, 2026 a physician or dentist where such excess insurance coverage or 53 equivalent excess coverage is cancelled in accordance with paragraph (c) 54 of this subdivision. 55 § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil 56 practice law and rules and other laws relating to malpractice andS. 3007 31 A. 3007 1 professional medical conduct, as amended by section 4 of part K of chap- 2 ter 57 of the laws of 2024, is amended to read as follows: 3 § 40. The superintendent of financial services shall establish rates 4 for policies providing coverage for physicians and surgeons medical 5 malpractice for the periods commencing July 1, 1985 and ending June 30, 6 [2025] 2026; provided, however, that notwithstanding any other provision 7 of law, the superintendent shall not establish or approve any increase 8 in rates for the period commencing July 1, 2009 and ending June 30, 9 2010. The superintendent shall direct insurers to establish segregated 10 accounts for premiums, payments, reserves and investment income attrib- 11 utable to such premium periods and shall require periodic reports by the 12 insurers regarding claims and expenses attributable to such periods to 13 monitor whether such accounts will be sufficient to meet incurred claims 14 and expenses. On or after July 1, 1989, the superintendent shall impose 15 a surcharge on premiums to satisfy a projected deficiency that is 16 attributable to the premium levels established pursuant to this section 17 for such periods; provided, however, that such annual surcharge shall 18 not exceed eight percent of the established rate until July 1, [2025] 19 2026, at which time and thereafter such surcharge shall not exceed twen- 20 ty-five percent of the approved adequate rate, and that such annual 21 surcharges shall continue for such period of time as shall be sufficient 22 to satisfy such deficiency. The superintendent shall not impose such 23 surcharge during the period commencing July 1, 2009 and ending June 30, 24 2010. On and after July 1, 1989, the surcharge prescribed by this 25 section shall be retained by insurers to the extent that they insured 26 physicians and surgeons during the July 1, 1985 through June 30, [2025] 27 2026 policy periods; in the event and to the extent physicians and 28 surgeons were insured by another insurer during such periods, all or a 29 pro rata share of the surcharge, as the case may be, shall be remitted 30 to such other insurer in accordance with rules and regulations to be 31 promulgated by the superintendent. Surcharges collected from physicians 32 and surgeons who were not insured during such policy periods shall be 33 apportioned among all insurers in proportion to the premium written by 34 each insurer during such policy periods; if a physician or surgeon was 35 insured by an insurer subject to rates established by the superintendent 36 during such policy periods, and at any time thereafter a hospital, 37 health maintenance organization, employer or institution is responsible 38 for responding in damages for liability arising out of such physician's 39 or surgeon's practice of medicine, such responsible entity shall also 40 remit to such prior insurer the equivalent amount that would then be 41 collected as a surcharge if the physician or surgeon had continued to 42 remain insured by such prior insurer. In the event any insurer that 43 provided coverage during such policy periods is in liquidation, the 44 property/casualty insurance security fund shall receive the portion of 45 surcharges to which the insurer in liquidation would have been entitled. 46 The surcharges authorized herein shall be deemed to be income earned for 47 the purposes of section 2303 of the insurance law. The superintendent, 48 in establishing adequate rates and in determining any projected defi- 49 ciency pursuant to the requirements of this section and the insurance 50 law, shall give substantial weight, determined in his discretion and 51 judgment, to the prospective anticipated effect of any regulations 52 promulgated and laws enacted and the public benefit of stabilizing 53 malpractice rates and minimizing rate level fluctuation during the peri- 54 od of time necessary for the development of more reliable statistical 55 experience as to the efficacy of such laws and regulations affecting 56 medical, dental or podiatric malpractice enacted or promulgated in 1985,S. 3007 32 A. 3007 1 1986, by this act and at any other time. Notwithstanding any provision 2 of the insurance law, rates already established and to be established by 3 the superintendent pursuant to this section are deemed adequate if such 4 rates would be adequate when taken together with the maximum authorized 5 annual surcharges to be imposed for a reasonable period of time whether 6 or not any such annual surcharge has been actually imposed as of the 7 establishment of such rates. 8 § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J of 9 chapter 63 of the laws of 2001, amending chapter 266 of the laws of 10 1986, amending the civil practice law and rules and other laws relating 11 to malpractice and professional medical conduct, as amended by section 5 12 of part K of chapter 57 of the laws of 2024, are amended to read as 13 follows: 14 § 5. The superintendent of financial services and the commissioner of 15 health shall determine, no later than June 15, 2002, June 15, 2003, June 16 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008, 17 June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15, 18 2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June 19 15, 2018, June 15, 2019, June 15, 2020, June 15, 2021, June 15, 2022, 20 June 15, 2023, June 15, 2024, [and] June 15, 2025, and June 15, 2026 the 21 amount of funds available in the hospital excess liability pool, created 22 pursuant to section 18 of chapter 266 of the laws of 1986, and whether 23 such funds are sufficient for purposes of purchasing excess insurance 24 coverage for eligible participating physicians and dentists during the 25 period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, 26 or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or 27 July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 28 1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 29 2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 30 to June 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to 31 June 30, 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 32 30, 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30, 33 2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30, 34 2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30, 35 2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30, 36 2024, or July 1, 2024 to June 30, 2025, or July 1, 2025 to June 30, 2026 37 as applicable. 38 (a) This section shall be effective only upon a determination, pursu- 39 ant to section five of this act, by the superintendent of financial 40 services and the commissioner of health, and a certification of such 41 determination to the state director of the budget, the chair of the 42 senate committee on finance and the chair of the assembly committee on 43 ways and means, that the amount of funds in the hospital excess liabil- 44 ity pool, created pursuant to section 18 of chapter 266 of the laws of 45 1986, is insufficient for purposes of purchasing excess insurance cover- 46 age for eligible participating physicians and dentists during the period 47 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 48 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 49 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 50 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to 51 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 52 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30, 53 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30, 54 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30, 55 2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30, 56 2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,S. 3007 33 A. 3007 1 2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30, 2 2024, or July 1, 2024 to June 30, 2025, or July 1, 2025 to June 30, 2026 3 as applicable. 4 (e) The commissioner of health shall transfer for deposit to the 5 hospital excess liability pool created pursuant to section 18 of chapter 6 266 of the laws of 1986 such amounts as directed by the superintendent 7 of financial services for the purchase of excess liability insurance 8 coverage for eligible participating physicians and dentists for the 9 policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 10 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 11 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 12 2007, as applicable, and the cost of administering the hospital excess 13 liability pool for such applicable policy year, pursuant to the program 14 established in chapter 266 of the laws of 1986, as amended, no later 15 than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June 16 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010, 17 June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15, 18 2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June 19 15, 2020, June 15, 2021, June 15, 2022, June 15, 2023, June 15, 2024, 20 [and] June 15, 2025, and June 15, 2026 as applicable. 21 § 6. Section 20 of part H of chapter 57 of the laws of 2017, amending 22 the New York Health Care Reform Act of 1996 and other laws relating to 23 extending certain provisions thereto, as amended by section 6 of part K 24 of chapter 57 of the laws of 2024, is amended to read as follows: 25 § 20. Notwithstanding any law, rule or regulation to the contrary, 26 only physicians or dentists who were eligible, and for whom the super- 27 intendent of financial services and the commissioner of health, or their 28 designee, purchased, with funds available in the hospital excess liabil- 29 ity pool, a full or partial policy for excess coverage or equivalent 30 excess coverage for the coverage period ending the thirtieth of June, 31 two thousand [twenty-four] twenty-five, shall be eligible to apply for 32 such coverage for the coverage period beginning the first of July, two 33 thousand [twenty-four] twenty-five; provided, however, if the total 34 number of physicians or dentists for whom such excess coverage or equiv- 35 alent excess coverage was purchased for the policy year ending the thir- 36 tieth of June, two thousand [twenty-four] twenty-five exceeds the total 37 number of physicians or dentists certified as eligible for the coverage 38 period beginning the first of July, two thousand [twenty-four] twenty- 39 five, then the general hospitals may certify additional eligible physi- 40 cians or dentists in a number equal to such general hospital's propor- 41 tional share of the total number of physicians or dentists for whom 42 excess coverage or equivalent excess coverage was purchased with funds 43 available in the hospital excess liability pool as of the thirtieth of 44 June, two thousand [twenty-four] twenty-five, as applied to the differ- 45 ence between the number of eligible physicians or dentists for whom a 46 policy for excess coverage or equivalent excess coverage was purchased 47 for the coverage period ending the thirtieth of June, two thousand 48 [twenty-four] twenty-five and the number of such eligible physicians or 49 dentists who have applied for excess coverage or equivalent excess 50 coverage for the coverage period beginning the first of July, two thou- 51 sand [twenty-four] twenty-five. 52 § 7. This act shall take effect immediately and shall be deemed to 53 have been in full force and effect on and after April 1, 2025. 54 PART HS. 3007 34 A. 3007 1 Section 1. Section 461-s of the social services law is REPEALED. 2 § 2. Paragraph (c) of subdivision 1 of section 461-b of the social 3 services law is REPEALED. 4 § 3. Subdivision 1, paragraph (f) of subdivision 3, paragraphs (a) and 5 (d) of subdivision 5 and subdivisions 5-a and 12 of section 2807-m of 6 the public health law, subdivision 1, paragraph (f) of subdivision 3, 7 paragraph (a) of subdivision 5 and subdivision 12 as amended and para- 8 graph (d) of subdivision 5 as added by section 6 of part Y of chapter 56 9 of the laws of 2020 and subdivision 5-a as amended by section 6 of part 10 C of chapter 57 of the laws of 2023, are amended to read as follows: 11 1. Definitions. For purposes of this section, the following defi- 12 nitions shall apply, unless the context clearly requires otherwise: 13 (a) ["Clinical research" means patient-oriented research, epidemiolog-14ic and behavioral studies, or outcomes research and health services15research that is approved by an institutional review board by the time16the clinical research position is filled.17(b) "Clinical research plan" means a plan submitted by a consortium or18teaching general hospital for a clinical research position which demon-19strates, in a form to be provided by the commissioner, the following:20(i) financial support for overhead, supervision, equipment and other21resources equal to the amount of funding provided pursuant to subpara-22graph (i) of paragraph (b) of subdivision five-a of this section by the23teaching general hospital or consortium for the clinical research posi-24tion;25(ii) experience the sponsor-mentor and teaching general hospital has26in clinical research and the medical field of the study;27(iii) methods, data collection and anticipated measurable outcomes of28the clinical research to be performed;29(iv) training goals, objectives and experience the researcher will be30provided to assess a future career in clinical research;31(v) scientific relevance, merit and health implications of the32research to be performed;33(vi) information on potential scientific meetings and peer review34journals where research results can be disseminated;35(vii) clear and comprehensive details on the clinical research posi-36tion;37(viii) qualifications necessary for the clinical research position and38strategy for recruitment;39(ix) non-duplication with other clinical research positions from the40same teaching general hospital or consortium;41(x) methods to track the career of the clinical researcher once the42term of the position is complete; and43(xi) any other information required by the commissioner to implement44subparagraph (i) of paragraph (b) of subdivision five-a of this section.45(xii) The clinical review plan submitted in accordance with this para-46graph may be reviewed by the commissioner in consultation with experts47outside the department of health.48(c) "Clinical research position" means a post-graduate residency posi-49tion which:50(i) shall not be required in order for the researcher to complete a51graduate medical education program;52(ii) may be reimbursed by other sources but only for costs in excess53of the funding distributed in accordance with subparagraph (i) of para-54graph (b) of subdivision five-a of this section;S. 3007 35 A. 3007 1(iii) shall exceed the minimum standards that are required by the2residency review committee in the specialty the researcher has trained3or is currently training;4(iv) shall not be previously funded by the teaching general hospital5or supported by another funding source at the teaching general hospital6in the past three years from the date the clinical research plan is7submitted to the commissioner;8(v) may supplement an existing research project;9(vi) shall be equivalent to a full-time position comprising of no less10than thirty-five hours per week for one or two years;11(vii) shall provide, or be filled by a researcher who has formalized12instruction in clinical research, including biostatistics, clinical13trial design, grant writing and research ethics;14(viii) shall be supervised by a sponsor-mentor who shall either (A) be15employed, contracted for employment or paid through an affiliated facul-16ty practice plan by a teaching general hospital which has received at17least one research grant from the National Institutes of Health in the18past five years from the date the clinical research plan is submitted to19the commissioner; (B) maintain a faculty appointment at a medical,20dental or podiatric school located in New York state that has received21at least one research grant from the National Institutes of Health in22the past five years from the date the clinical research plan is submit-23ted to the commissioner; or (C) be collaborating in the clinical24research plan with a researcher from another institution that has25received at least one research grant from the National Institutes of26Health in the past five years from the date the clinical research plan27is submitted to the commissioner; and28(ix) shall be filled by a researcher who is (A) enrolled or has29completed a graduate medical education program, as defined in paragraph30(i) of this subdivision; (B) a United States citizen, national, or31permanent resident of the United States; and (C) a graduate of a32medical, dental or podiatric school located in New York state, a gradu-33ate or resident in a graduate medical education program, as defined in34paragraph (i) of this subdivision, where the sponsoring institution, as35defined in paragraph (q) of this subdivision, is located in New York36state, or resides in New York state at the time the clinical research37plan is submitted to the commissioner.38(d)] "Consortium" means an organization or association, approved by 39 the commissioner in consultation with the council, of general hospitals 40 which provide graduate medical education, together with any affiliated 41 site; provided that such organization or association may also include 42 other providers of health care services, medical schools, payors or 43 consumers, and which meet other criteria pursuant to subdivision six of 44 this section. 45 [(e)] (b) "Council" means the New York state council on graduate 46 medical education. 47 [(f)] (c) "Direct medical education" means the direct costs of resi- 48 dents, interns and supervising physicians. 49 [(g)] (d) "Distribution period" means each calendar year set forth in 50 subdivision two of this section. 51 [(h)] (e) "Faculty" means persons who are employed by or under 52 contract for employment with a teaching general hospital or are paid 53 through a teaching general hospital's affiliated faculty practice plan 54 and maintain a faculty appointment at a medical school. Such persons 55 shall not be limited to persons with a degree in medicine.S. 3007 36 A. 3007 1 [(i)] (f) "Graduate medical education program" means a post-graduate 2 medical education residency in the United States which has received 3 accreditation from a nationally recognized accreditation body or has 4 been approved by a nationally recognized organization for medical, 5 osteopathic, podiatric or dental residency programs including, but not 6 limited to, specialty boards. 7 [(j)] (g) "Indirect medical education" means the estimate of costs, 8 other than direct costs, of educational activities in teaching hospitals 9 as determined in accordance with the methodology applicable for purposes 10 of determining an estimate of indirect medical education costs for 11 reimbursement for inpatient hospital service pursuant to title XVIII of 12 the federal social security act (medicare). 13 [(k)] (h) "Medicare" means the methodology used for purposes of reim- 14 bursing inpatient hospital services provided to beneficiaries of title 15 XVIII of the federal social security act. 16 [(l)] (i) "Primary care" residents specialties shall include family 17 medicine, general pediatrics, primary care internal medicine, and prima- 18 ry care obstetrics and gynecology. In determining whether a residency is 19 in primary care, the commissioner shall consult with the council. 20 [(m)] (j) "Regions", for purposes of this section, shall mean the 21 regions as defined in paragraph (b) of subdivision sixteen of section 22 twenty-eight hundred seven-c of this article as in effect on June thir- 23 tieth, nineteen hundred ninety-six. For purposes of distributions pursu- 24 ant to subdivision five-a of this section, except distributions made in 25 accordance with paragraph (a) of subdivision five-a of this section, 26 "regions" shall be defined as New York city and the rest of the state. 27 [(n)] (k) "Regional pool" means a professional education pool estab- 28 lished on a regional basis by the commissioner from funds available 29 pursuant to sections twenty-eight hundred seven-s and twenty-eight 30 hundred seven-t of this article. 31 [(o)] (l) "Resident" means a person in a graduate medical education 32 program which has received accreditation from a nationally recognized 33 accreditation body or in a program approved by any other nationally 34 recognized organization for medical, osteopathic or dental residency 35 programs including, but not limited to, specialty boards. 36 [(p) "Shortage specialty" means a specialty determined by the commis-37sioner, in consultation with the council, to be in short supply in the38state of New York.39(q)] (m) "Sponsoring institution" means the entity that has the over- 40 all responsibility for a program of graduate medical education. Such 41 institutions shall include teaching general hospitals, medical schools, 42 consortia and diagnostic and treatment centers. 43 [(r)] (n) "Weighted resident count" means a teaching general hospi- 44 tal's total number of residents as of July first, nineteen hundred nine- 45 ty-five, including residents in affiliated non-hospital ambulatory 46 settings, reported to the commissioner. Such resident counts shall 47 reflect the weights established in accordance with rules and regulations 48 adopted by the state hospital review and planning council and approved 49 by the commissioner for purposes of implementing subdivision twenty-five 50 of section twenty-eight hundred seven-c of this article and in effect on 51 July first, nineteen hundred ninety-five. Such weights shall not be 52 applied to specialty hospitals, specified by the commissioner, whose 53 primary care mission is to engage in research, training and clinical 54 care in specialty eye and ear, special surgery, orthopedic, joint 55 disease, cancer, chronic care or rehabilitative services.S. 3007 37 A. 3007 1 [(s)] (o) "Adjustment amount" means an amount determined for each 2 teaching hospital for periods prior to January first, two thousand nine 3 by: 4 (i) determining the difference between (A) a calculation of what each 5 teaching general hospital would have been paid if payments made pursuant 6 to paragraph (a-3) of subdivision one of section twenty-eight hundred 7 seven-c of this article between January first, nineteen hundred ninety- 8 six and December thirty-first, two thousand three were based solely on 9 the case mix of persons eligible for medical assistance under the 10 medical assistance program pursuant to title eleven of article five of 11 the social services law who are enrolled in health maintenance organiza- 12 tions and persons paid for under the family health plus program enrolled 13 in approved organizations pursuant to title eleven-D of article five of 14 the social services law during those years, and (B) the actual payments 15 to each such hospital pursuant to paragraph (a-3) of subdivision one of 16 section twenty-eight hundred seven-c of this article between January 17 first, nineteen hundred ninety-six and December thirty-first, two thou- 18 sand three. 19 (ii) reducing proportionally each of the amounts determined in subpar- 20 agraph (i) of this paragraph so that the sum of all such amounts totals 21 no more than one hundred million dollars; 22 (iii) further reducing each of the amounts determined in subparagraph 23 (ii) of this paragraph by the amount received by each hospital as a 24 distribution from funds designated in paragraph (a) of subdivision five 25 of this section attributable to the period January first, two thousand 26 three through December thirty-first, two thousand three, except that if 27 such amount was provided to a consortium then the amount of the 28 reduction for each hospital in the consortium shall be determined by 29 applying the proportion of each hospital's amount determined under 30 subparagraph (i) of this paragraph to the total of such amounts of all 31 hospitals in such consortium to the consortium award; 32 (iv) further reducing each of the amounts determined in subparagraph 33 (iii) of this paragraph by the amounts specified in paragraph [(t)] (p) 34 of this subdivision; and 35 (v) dividing each of the amounts determined in subparagraph (iii) of 36 this paragraph by seven. 37 [(t)] (p) "Extra reduction amount" shall mean an amount determined for 38 a teaching hospital for which an adjustment amount is calculated pursu- 39 ant to paragraph [(s)] (o) of this subdivision that is the hospital's 40 proportionate share of the sum of the amounts specified in paragraph 41 [(u)] (q) of this subdivision determined based upon a comparison of the 42 hospital's remaining liability calculated pursuant to paragraph [(s)] 43 (o) of this subdivision to the sum of all such hospital's remaining 44 liabilities. 45 [(u)] (q) "Allotment amount" shall mean an amount determined for 46 teaching hospitals as follows: 47 (i) for a hospital for which an adjustment amount pursuant to para- 48 graph [(s)] (o) of this subdivision does not apply, the amount received 49 by the hospital pursuant to paragraph (a) of subdivision five of this 50 section attributable to the period January first, two thousand three 51 through December thirty-first, two thousand three, or 52 (ii) for a hospital for which an adjustment amount pursuant to para- 53 graph [(s)] (o) of this subdivision applies and which received a 54 distribution pursuant to paragraph (a) of subdivision five of this 55 section attributable to the period January first, two thousand three 56 through December thirty-first, two thousand three that is greater thanS. 3007 38 A. 3007 1 the hospital's adjustment amount, the difference between the distrib- 2 ution amount and the adjustment amount. 3 (f) Effective January first, two thousand five through December thir- 4 ty-first, two thousand eight, each teaching general hospital shall 5 receive a distribution from the applicable regional pool based on its 6 distribution amount determined under paragraphs (c), (d) and (e) of this 7 subdivision and reduced by its adjustment amount calculated pursuant to 8 paragraph [(s)] (o) of subdivision one of this section and, for distrib- 9 utions for the period January first, two thousand five through December 10 thirty-first, two thousand five, further reduced by its extra reduction 11 amount calculated pursuant to paragraph [(t)] (p) of subdivision one of 12 this section. 13 (a) Up to thirty-one million dollars annually for the periods January 14 first, two thousand through December thirty-first, two thousand three, 15 and up to twenty-five million dollars plus the sum of the amounts speci- 16 fied in paragraph [(n)] (k) of subdivision one of this section for the 17 period January first, two thousand five through December thirty-first, 18 two thousand five, and up to thirty-one million dollars annually for the 19 period January first, two thousand six through December thirty-first, 20 two thousand seven, shall be set aside and reserved by the commissioner 21 from the regional pools established pursuant to subdivision two of this 22 section for supplemental distributions in each such region to be made by 23 the commissioner to consortia and teaching general hospitals in accord- 24 ance with a distribution methodology developed in consultation with the 25 council and specified in rules and regulations adopted by the commis- 26 sioner. 27 (d) Notwithstanding any other provision of law or regulation, for the 28 period January first, two thousand five through December thirty-first, 29 two thousand five, the commissioner shall distribute as supplemental 30 payments the allotment specified in paragraph [(n)] (k) of subdivision 31 one of this section. 32 5-a. Graduate medical education innovations pool. (a) Supplemental 33 distributions. (i) Thirty-one million dollars for the period January 34 first, two thousand eight through December thirty-first, two thousand 35 eight, shall be set aside and reserved by the commissioner from the 36 regional pools established pursuant to subdivision two of this section 37 and shall be available for distributions pursuant to subdivision five of 38 this section and in accordance with section 86-1.89 of title 10 of the 39 codes, rules and regulations of the state of New York as in effect on 40 January first, two thousand eight[; provided, however, for purposes of41funding the empire clinical research investigation program (ECRIP) in42accordance with paragraph eight of subdivision (e) and paragraph two of43subdivision (f) of section 86-1.89 of title 10 of the codes, rules and44regulations of the state of New York, distributions shall be made using45two regions defined as New York city and the rest of the state and the46dollar amount set forth in subparagraph (i) of paragraph two of subdivi-47sion (f) of section 86-1.89 of title 10 of the codes, rules and regu-48lations of the state of New York shall be increased from sixty thousand49dollars to seventy-five thousand dollars]. 50 (ii) For periods on and after January first, two thousand nine, 51 supplemental distributions pursuant to subdivision five of this section 52 and in accordance with section 86-1.89 of title 10 of the codes, rules 53 and regulations of the state of New York shall no longer be made and the 54 provisions of section 86-1.89 of title 10 of the codes, rules and regu- 55 lations of the state of New York shall be null and void.S. 3007 39 A. 3007 1 (b) [Empire clinical research investigator program (ECRIP). Nine2million one hundred twenty thousand dollars annually for the period3January first, two thousand nine through December thirty-first, two4thousand ten, and two million two hundred eighty thousand dollars for5the period January first, two thousand eleven, through March thirty-6first, two thousand eleven, nine million one hundred twenty thousand7dollars each state fiscal year for the period April first, two thousand8eleven through March thirty-first, two thousand fourteen, up to eight9million six hundred twelve thousand dollars each state fiscal year for10the period April first, two thousand fourteen through March thirty-11first, two thousand seventeen, up to eight million six hundred twelve12thousand dollars each state fiscal year for the period April first, two13thousand seventeen through March thirty-first, two thousand twenty, up14to eight million six hundred twelve thousand dollars each state fiscal15year for the period April first, two thousand twenty through March thir-16ty-first, two thousand twenty-three, and up to eight million six hundred17twelve thousand dollars each state fiscal year for the period April18first, two thousand twenty-three through March thirty-first, two thou-19sand twenty-six, shall be set aside and reserved by the commissioner20from the regional pools established pursuant to subdivision two of this21section to be allocated regionally with two-thirds of the available22funding going to New York city and one-third of the available funding23going to the rest of the state and shall be available for distribution24as follows:25Distributions shall first be made to consortia and teaching general26hospitals for the empire clinical research investigator program (ECRIP)27to help secure federal funding for biomedical research, train clinical28researchers, recruit national leaders as faculty to act as mentors, and29train residents and fellows in biomedical research skills based on30hospital-specific data submitted to the commissioner by consortia and31teaching general hospitals in accordance with clause (G) of this subpar-32agraph. Such distributions shall be made in accordance with the follow-33ing methodology:34(A) The greatest number of clinical research positions for which a35consortium or teaching general hospital may be funded pursuant to this36subparagraph shall be one percent of the total number of residents37training at the consortium or teaching general hospital on July first,38two thousand eight for the period January first, two thousand nine39through December thirty-first, two thousand nine rounded up to the near-40est one position.41(B) Distributions made to a consortium or teaching general hospital42shall equal the product of the total number of clinical research posi-43tions submitted by a consortium or teaching general hospital and44accepted by the commissioner as meeting the criteria set forth in para-45graph (b) of subdivision one of this section, subject to the reduction46calculation set forth in clause (C) of this subparagraph, times one47hundred ten thousand dollars.48(C) If the dollar amount for the total number of clinical research49positions in the region calculated pursuant to clause (B) of this50subparagraph exceeds the total amount appropriated for purposes of this51paragraph, including clinical research positions that continue from and52were funded in prior distribution periods, the commissioner shall elimi-53nate one-half of the clinical research positions submitted by each54consortium or teaching general hospital rounded down to the nearest one55position. Such reduction shall be repeated until the dollar amount for56the total number of clinical research positions in the region does notS. 3007 40 A. 3007 1exceed the total amount appropriated for purposes of this paragraph. If2the repeated reduction of the total number of clinical research posi-3tions in the region by one-half does not render a total funding amount4that is equal to or less than the total amount reserved for that region5within the appropriation, the funding for each clinical research posi-6tion in that region shall be reduced proportionally in one thousand7dollar increments until the total dollar amount for the total number of8clinical research positions in that region does not exceed the total9amount reserved for that region within the appropriation. Any reduction10in funding will be effective for the duration of the award. No clinical11research positions that continue from and were funded in prior distrib-12ution periods shall be eliminated or reduced by such methodology.13(D) Each consortium or teaching general hospital shall receive its14annual distribution amount in accordance with the following:15(I) Each consortium or teaching general hospital with a one-year ECRIP16award shall receive its annual distribution amount in full upon17completion of the requirements set forth in items (I) and (II) of clause18(G) of this subparagraph. The requirements set forth in items (IV) and19(V) of clause (G) of this subparagraph must be completed by the consor-20tium or teaching general hospital in order for the consortium or teach-21ing general hospital to be eligible to apply for ECRIP funding in any22subsequent funding cycle.23(II) Each consortium or teaching general hospital with a two-year24ECRIP award shall receive its first annual distribution amount in full25upon completion of the requirements set forth in items (I) and (II) of26clause (G) of this subparagraph. Each consortium or teaching general27hospital will receive its second annual distribution amount in full upon28completion of the requirements set forth in item (III) of clause (G) of29this subparagraph. The requirements set forth in items (IV) and (V) of30clause (G) of this subparagraph must be completed by the consortium or31teaching general hospital in order for the consortium or teaching gener-32al hospital to be eligible to apply for ECRIP funding in any subsequent33funding cycle.34(E) Each consortium or teaching general hospital receiving distrib-35utions pursuant to this subparagraph shall reserve seventy-five thousand36dollars to primarily fund salary and fringe benefits of the clinical37research position with the remainder going to fund the development of38faculty who are involved in biomedical research, training and clinical39care.40(F) Undistributed or returned funds available to fund clinical41research positions pursuant to this paragraph for a distribution period42shall be available to fund clinical research positions in a subsequent43distribution period.44(G) In order to be eligible for distributions pursuant to this subpar-45agraph, each consortium and teaching general hospital shall provide to46the commissioner by July first of each distribution period, the follow-47ing data and information on a hospital-specific basis. Such data and48information shall be certified as to accuracy and completeness by the49chief executive officer, chief financial officer or chair of the consor-50tium governing body of each consortium or teaching general hospital and51shall be maintained by each consortium and teaching general hospital for52five years from the date of submission:53(I) For each clinical research position, information on the type,54scope, training objectives, institutional support, clinical research55experience of the sponsor-mentor, plans for submitting research outcomes56to peer reviewed journals and at scientific meetings, including a meet-S. 3007 41 A. 3007 1ing sponsored by the department, the name of a principal contact person2responsible for tracking the career development of researchers placed in3clinical research positions, as defined in paragraph (c) of subdivision4one of this section, and who is authorized to certify to the commission-5er that all the requirements of the clinical research training objec-6tives set forth in this subparagraph shall be met. Such certification7shall be provided by July first of each distribution period;8(II) For each clinical research position, information on the name,9citizenship status, medical education and training, and medical license10number of the researcher, if applicable, shall be provided by December11thirty-first of the calendar year following the distribution period;12(III) Information on the status of the clinical research plan, accom-13plishments, changes in research activities, progress, and performance of14the researcher shall be provided upon completion of one-half of the15award term;16(IV) A final report detailing training experiences, accomplishments,17activities and performance of the clinical researcher, and data, meth-18ods, results and analyses of the clinical research plan shall be19provided three months after the clinical research position ends; and20(V) Tracking information concerning past researchers, including but21not limited to (A) background information, (B) employment history, (C)22research status, (D) current research activities, (E) publications and23presentations, (F) research support, and (G) any other information24necessary to track the researcher; and25(VI) Any other data or information required by the commissioner to26implement this subparagraph.27(H) Notwithstanding any inconsistent provision of this subdivision,28for periods on and after April first, two thousand thirteen, ECRIP grant29awards shall be made in accordance with rules and regulations promulgat-30ed by the commissioner. Such regulations shall, at a minimum:31(1) provide that ECRIP grant awards shall be made with the objective32of securing federal funding for biomedical research, training clinical33researchers, recruiting national leaders as faculty to act as mentors,34and training residents and fellows in biomedical research skills;35(2) provide that ECRIP grant applicants may include interdisciplinary36research teams comprised of teaching general hospitals acting in collab-37oration with entities including but not limited to medical centers,38hospitals, universities and local health departments;39(3) provide that applications for ECRIP grant awards shall be based on40such information requested by the commissioner, which shall include but41not be limited to hospital-specific data;42(4) establish the qualifications for investigators and other staff43required for grant projects eligible for ECRIP grant awards; and44(5) establish a methodology for the distribution of funds under ECRIP45grant awards.46(c)] Physician loan repayment program. One million nine hundred sixty 47 thousand dollars for the period January first, two thousand eight 48 through December thirty-first, two thousand eight, one million nine 49 hundred sixty thousand dollars for the period January first, two thou- 50 sand nine through December thirty-first, two thousand nine, one million 51 nine hundred sixty thousand dollars for the period January first, two 52 thousand ten through December thirty-first, two thousand ten, four 53 hundred ninety thousand dollars for the period January first, two thou- 54 sand eleven through March thirty-first, two thousand eleven, one million 55 seven hundred thousand dollars each state fiscal year for the period 56 April first, two thousand eleven through March thirty-first, two thou-S. 3007 42 A. 3007 1 sand fourteen, up to one million seven hundred five thousand dollars 2 each state fiscal year for the period April first, two thousand fourteen 3 through March thirty-first, two thousand seventeen, up to one million 4 seven hundred five thousand dollars each state fiscal year for the peri- 5 od April first, two thousand seventeen through March thirty-first, two 6 thousand twenty, up to one million seven hundred five thousand dollars 7 each state fiscal year for the period April first, two thousand twenty 8 through March thirty-first, two thousand twenty-three, and up to one 9 million seven hundred five thousand dollars each state fiscal year for 10 the period April first, two thousand twenty-three through March thirty- 11 first, two thousand twenty-six, shall be set aside and reserved by the 12 commissioner from the regional pools established pursuant to subdivision 13 two of this section and shall be available for purposes of physician 14 loan repayment in accordance with subdivision ten of this section. 15 Notwithstanding any contrary provision of this section, sections one 16 hundred twelve and one hundred sixty-three of the state finance law, or 17 any other contrary provision of law, such funding shall be allocated 18 regionally with one-third of available funds going to New York city and 19 two-thirds of available funds going to the rest of the state and shall 20 be distributed in a manner to be determined by the commissioner without 21 a competitive bid or request for proposal process as follows: 22 (i) Funding shall first be awarded to repay loans of up to twenty-five 23 physicians who train in primary care or specialty tracks in teaching 24 general hospitals, and who enter and remain in primary care or specialty 25 practices in underserved communities, as determined by the commissioner. 26 (ii) After distributions in accordance with subparagraph (i) of this 27 paragraph, all remaining funds shall be awarded to repay loans of physi- 28 cians who enter and remain in primary care or specialty practices in 29 underserved communities, as determined by the commissioner, including 30 but not limited to physicians working in general hospitals, or other 31 health care facilities. 32 (iii) In no case shall less than fifty percent of the funds available 33 pursuant to this paragraph be distributed in accordance with subpara- 34 graphs (i) and (ii) of this paragraph to physicians identified by gener- 35 al hospitals. 36 (iv) In addition to the funds allocated under this paragraph, for the 37 period April first, two thousand fifteen through March thirty-first, two 38 thousand sixteen, two million dollars shall be available for the 39 purposes described in subdivision ten of this section; 40 (v) In addition to the funds allocated under this paragraph, for the 41 period April first, two thousand sixteen through March thirty-first, two 42 thousand seventeen, two million dollars shall be available for the 43 purposes described in subdivision ten of this section; 44 (vi) Notwithstanding any provision of law to the contrary, and subject 45 to the extension of the Health Care Reform Act of 1996, sufficient funds 46 shall be available for the purposes described in subdivision ten of this 47 section in amounts necessary to fund the remaining year commitments for 48 awards made pursuant to subparagraphs (iv) and (v) of this paragraph. 49 [(d)] (c) Physician practice support. Four million nine hundred thou- 50 sand dollars for the period January first, two thousand eight through 51 December thirty-first, two thousand eight, four million nine hundred 52 thousand dollars annually for the period January first, two thousand 53 nine through December thirty-first, two thousand ten, one million two 54 hundred twenty-five thousand dollars for the period January first, two 55 thousand eleven through March thirty-first, two thousand eleven, four 56 million three hundred thousand dollars each state fiscal year for theS. 3007 43 A. 3007 1 period April first, two thousand eleven through March thirty-first, two 2 thousand fourteen, up to four million three hundred sixty thousand 3 dollars each state fiscal year for the period April first, two thousand 4 fourteen through March thirty-first, two thousand seventeen, up to four 5 million three hundred sixty thousand dollars for each state fiscal year 6 for the period April first, two thousand seventeen through March thir- 7 ty-first, two thousand twenty, up to four million three hundred sixty 8 thousand dollars for each fiscal year for the period April first, two 9 thousand twenty through March thirty-first, two thousand twenty-three, 10 and up to four million three hundred sixty thousand dollars for each 11 fiscal year for the period April first, two thousand twenty-three 12 through March thirty-first, two thousand twenty-six, shall be set aside 13 and reserved by the commissioner from the regional pools established 14 pursuant to subdivision two of this section and shall be available for 15 purposes of physician practice support. Notwithstanding any contrary 16 provision of this section, sections one hundred twelve and one hundred 17 sixty-three of the state finance law, or any other contrary provision of 18 law, such funding shall be allocated regionally with one-third of avail- 19 able funds going to New York city and two-thirds of available funds 20 going to the rest of the state and shall be distributed in a manner to 21 be determined by the commissioner without a competitive bid or request 22 for proposal process as follows: 23 (i) Preference in funding shall first be accorded to teaching general 24 hospitals for up to twenty-five awards, to support costs incurred by 25 physicians trained in primary or specialty tracks who thereafter estab- 26 lish or join practices in underserved communities, as determined by the 27 commissioner. 28 (ii) After distributions in accordance with subparagraph (i) of this 29 paragraph, all remaining funds shall be awarded to physicians to support 30 the cost of establishing or joining practices in underserved communi- 31 ties, as determined by the commissioner, and to hospitals and other 32 health care providers to recruit new physicians to provide services in 33 underserved communities, as determined by the commissioner. 34 (iii) In no case shall less than fifty percent of the funds available 35 pursuant to this paragraph be distributed to general hospitals in 36 accordance with subparagraphs (i) and (ii) of this paragraph. 37 [(e)] (d) Work group. For funding available pursuant to paragraphs (b) 38 and (c)[, (d) and (e)] of this subdivision: 39 (i) The department shall appoint a work group from recommendations 40 made by associations representing physicians, general hospitals and 41 other health care facilities to develop a streamlined application proc- 42 ess by June first, two thousand twelve. 43 (ii) Subject to available funding, applications shall be accepted on a 44 continuous basis. The department shall provide technical assistance to 45 applicants to facilitate their completion of applications. An applicant 46 shall be notified in writing by the department within ten days of 47 receipt of an application as to whether the application is complete and 48 if the application is incomplete, what information is outstanding. The 49 department shall act on an application within thirty days of receipt of 50 a complete application. 51 [(f)] (e) Study on physician workforce. Five hundred ninety thousand 52 dollars annually for the period January first, two thousand eight 53 through December thirty-first, two thousand ten, one hundred forty-eight 54 thousand dollars for the period January first, two thousand eleven 55 through March thirty-first, two thousand eleven, five hundred sixteen 56 thousand dollars each state fiscal year for the period April first, twoS. 3007 44 A. 3007 1 thousand eleven through March thirty-first, two thousand fourteen, up to 2 four hundred eighty-seven thousand dollars each state fiscal year for 3 the period April first, two thousand fourteen through March thirty- 4 first, two thousand seventeen, up to four hundred eighty-seven thousand 5 dollars for each state fiscal year for the period April first, two thou- 6 sand seventeen through March thirty-first, two thousand twenty, up to 7 four hundred eighty-seven thousand dollars each state fiscal year for 8 the period April first, two thousand twenty through March thirty-first, 9 two thousand twenty-three, and up to four hundred eighty-seven thousand 10 dollars each state fiscal year for the period April first, two thousand 11 twenty-three through March thirty-first, two thousand twenty-six, shall 12 be set aside and reserved by the commissioner from the regional pools 13 established pursuant to subdivision two of this section and shall be 14 available to fund a study of physician workforce needs and solutions 15 including, but not limited to, an analysis of residency programs and 16 projected physician workforce and community needs. The commissioner 17 shall enter into agreements with one or more organizations to conduct 18 such study based on a request for proposal process. 19 [(g)] (f) Diversity in medicine/post-baccalaureate program. Notwith- 20 standing any inconsistent provision of section one hundred twelve or one 21 hundred sixty-three of the state finance law or any other law, one 22 million nine hundred sixty thousand dollars annually for the period 23 January first, two thousand eight through December thirty-first, two 24 thousand ten, four hundred ninety thousand dollars for the period Janu- 25 ary first, two thousand eleven through March thirty-first, two thousand 26 eleven, one million seven hundred thousand dollars each state fiscal 27 year for the period April first, two thousand eleven through March thir- 28 ty-first, two thousand fourteen, up to one million six hundred five 29 thousand dollars each state fiscal year for the period April first, two 30 thousand fourteen through March thirty-first, two thousand seventeen, up 31 to one million six hundred five thousand dollars each state fiscal year 32 for the period April first, two thousand seventeen through March thir- 33 ty-first, two thousand twenty, up to one million six hundred five thou- 34 sand dollars each state fiscal year for the period April first, two 35 thousand twenty through March thirty-first, two thousand twenty-three, 36 and up to one million six hundred five thousand dollars each state 37 fiscal year for the period April first, two thousand twenty-three 38 through March thirty-first, two thousand twenty-six, shall be set aside 39 and reserved by the commissioner from the regional pools established 40 pursuant to subdivision two of this section and shall be available for 41 distributions to the Associated Medical Schools of New York to fund its 42 diversity program including existing and new post-baccalaureate programs 43 for minority and economically disadvantaged students and encourage 44 participation from all medical schools in New York. The associated 45 medical schools of New York shall report to the commissioner on an annu- 46 al basis regarding the use of funds for such purpose in such form and 47 manner as specified by the commissioner. 48 [(h)] (g) In the event there are undistributed funds within amounts 49 made available for distributions pursuant to this subdivision, such 50 funds may be reallocated and distributed in current or subsequent 51 distribution periods in a manner determined by the commissioner for any 52 purpose set forth in this subdivision. 53 12. Notwithstanding any provision of law to the contrary, applications 54 submitted on or after April first, two thousand sixteen, for the physi- 55 cian loan repayment program pursuant to paragraph [(c)] (b) of subdivi- 56 sion five-a of this section and subdivision ten of this section or theS. 3007 45 A. 3007 1 physician practice support program pursuant to paragraph [(d)] (c) of 2 subdivision five-a of this section, shall be subject to the following 3 changes: 4 (a) Awards shall be made from the total funding available for new 5 awards under the physician loan repayment program and the physician 6 practice support program, with neither program limited to a specific 7 funding amount within such total funding available; 8 (b) An applicant may apply for an award for either physician loan 9 repayment or physician practice support, but not both; 10 (c) An applicant shall agree to practice for three years in an under- 11 served area and each award shall provide up to forty thousand dollars 12 for each of the three years; and 13 (d) To the extent practicable, awards shall be timed to be of use for 14 job offers made to applicants. 15 § 4. Subparagraph (xvi) of paragraph (a) of subdivision 7 of section 16 2807-s of the public health law, as amended by section 8 of part Y of 17 chapter 56 of the laws of 2020, is amended to read as follows: 18 (xvi) provided further, however, for periods prior to July first, two 19 thousand nine, amounts set forth in this paragraph shall be reduced by 20 an amount equal to the actual distribution reductions for all facilities 21 pursuant to paragraph [(s)] (o) of subdivision one of section twenty- 22 eight hundred seven-m of this article. 23 § 5. Subdivision (c) of section 92-dd of the state finance law, as 24 amended by section 9 of part Y of chapter 56 of the laws of 2020, is 25 amended to read as follows: 26 (c) The pool administrator shall, from appropriated funds transferred 27 to the pool administrator from the comptroller, continue to make 28 payments as required pursuant to sections twenty-eight hundred seven-k, 29 twenty-eight hundred seven-m (not including payments made pursuant to 30 subdivision five-b and paragraphs (b), (c)[, (d),, (f)] and [(g)] (f) of 31 subdivision five-a of section twenty-eight hundred seven-m), and twen- 32 ty-eight hundred seven-w of the public health law, paragraph (e) of 33 subdivision twenty-five of section twenty-eight hundred seven-c of the 34 public health law, paragraphs (b) and (c) of subdivision thirty of 35 section twenty-eight hundred seven-c of the public health law, paragraph 36 (b) of subdivision eighteen of section twenty-eight hundred eight of the 37 public health law, subdivision seven of section twenty-five hundred-d of 38 the public health law and section eighty-eight of chapter one of the 39 laws of nineteen hundred ninety-nine. 40 § 6. Article 27-H of the public health law, as added by chapter 550 of 41 the laws of 1998, is REPEALED. 42 § 7. This act shall take effect immediately and shall be deemed to 43 have been in full force and effect on and after April 1, 2025. 44 PART I 45 Section 1. Subdivision 1 of section 4148 of the public health law, as 46 added by chapter 352 of the laws of 2013, is amended to read as follows: 47 1. The department is hereby authorized and directed to design, imple- 48 ment and maintain an electronic death registration system for collect- 49 ing, storing, recording, transmitting, amending, correcting and authen- 50 ticating information, as necessary and appropriate to complete a death 51 registration, and to generate such documents as determined by the 52 department in relation to a death occurring in this state. As part of 53 the design and implementation of the system established by this section, 54 the department shall consult with all persons authorized to use suchS. 3007 46 A. 3007 1 system to the extent practicable and feasible. [The payment referenced2in subdivision five of this section shall be collected for each burial3or removal permit issued on or after the effective date of this section4from the licensed funeral director or undertaker to whom such permit is5issued, in the manner specified by the department and shall be used6solely for the purpose set forth in subdivision five of this section.] 7 Except as specifically provided in this section, the existing general 8 duties of, and remuneration received by, local registrars in accepting 9 and filing certificates of death and issuing burial and removal permits 10 pursuant to any statute or regulation shall be maintained, and not 11 altered or abridged in any way by this section. 12 § 2. Subdivision 5 of section 4148 of the public health law is 13 REPEALED. 14 § 3. This act shall take effect immediately and shall be deemed to 15 have been in full force and effect on and after April 1, 2025. 16 PART J 17 Section 1. The opening paragraph of subdivision 3 of section 2825-g of 18 the public health law, as added by section 1 of part K of chapter 57 of 19 the laws of 2022, is amended to read as follows: 20 Notwithstanding subdivision two of this section or any inconsistent 21 provision of law to the contrary, and upon approval of the director of 22 the budget, the commissioner may, subject to the availability of lawful 23 appropriation, award up to four hundred fifty million dollars of the 24 funds made available pursuant to this section for unfunded project 25 applications submitted in response to the request for application number 26 18406 issued by the department on September thirtieth, two thousand 27 twenty-one pursuant to section twenty-eight hundred twenty-five-f of 28 this article. Authorized amounts to be awarded pursuant to applications 29 submitted in response to the request for application number 18406 shall 30 be awarded no later than [December thirty-first, two thousand twenty-31two] February twenty-eighth, two thousand twenty-three. Provided, howev- 32 er, that a minimum of: 33 § 2. This act shall take effect immediately and shall be deemed to 34 have been in full force and effect on and after April 1, 2025. 35 PART K 36 Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 2806-a of the 37 public health law, as added by section 50 of part E of chapter 56 of the 38 laws of 2013, paragraph (g) of subdivision 1 as added by section 7, 39 paragraph (a) of subdivision 2 as amended by section 8, and subparagraph 40 (iii) of paragraph (c) of subdivision 5 as amended by section 9 of part 41 K of chapter 57 of the laws of 2015, are amended to read as follows: 42 1. For the purposes of this section: 43 (a) "adult care facility" shall mean an adult home or enriched housing 44 program licensed pursuant to article seven of the social services law or 45 an assisted living residence licensed pursuant to article forty-six-B of 46 this chapter; 47 (b) "established operator" shall mean the operator of [an adult care48facility, a general hospital or a diagnostic and treatment center that49has been established and issued an operating certificate as such pursu-50ant to this article] a facility, including corporations established 51 pursuant to article ten-C of the public authorities law;S. 3007 47 A. 3007 1 (c) "facility" shall mean (i) a general hospital or a diagnostic and 2 treatment center that has been issued an operating certificate as such 3 pursuant to this article; or (ii) an adult care facility; 4 (d) "temporary operator" shall mean any person or entity that: 5 (i) agrees to operate a facility on a temporary basis in the best 6 interests of its residents or patients and the community served by the 7 facility; and 8 (ii) has demonstrated that [he or she has] they have the character, 9 competence and financial ability to operate the facility in compliance 10 with applicable standards; 11 (e) "serious financial instability" shall include but not be limited 12 to defaulting or violating key covenants of loans, or missed mortgage 13 payments, or general untimely payment of obligations, including but not 14 limited to employee benefit fund, payroll or payroll tax, and insurance 15 premium obligations, or failure to maintain required debt service cover- 16 age ratios or, as applicable, factors that have triggered a written 17 event of default notice to the department by the dormitory authority of 18 the state of New York; and 19 (f) "extraordinary financial assistance" shall mean state funds 20 provided to a facility upon such facility's request for the purpose of 21 assisting the facility to address serious financial instability. Such 22 funds may be derived from existing programs within the department, 23 special appropriations, or other funds. 24 (g) "improper delegation of management authority by the governing 25 authority or operator" of a general hospital shall include, but not be 26 limited to, the delegation to an entity that has not been established as 27 an operator of the general hospital of (i) authority to hire or fire the 28 administrator or other key management employees; (ii) maintenance and 29 control of the books and records; (iii) authority over the disposition 30 of assets and the incurring of liabilities on behalf of the facility; 31 and (iv) the adoption and enforcement of policies regarding the opera- 32 tion of the facility. The criteria set forth in this paragraph shall not 33 be the sole determining factors, but indicators to be considered with 34 such other factors that may be pertinent in particular instances. 35 Professional expertise shall be exercised in the utilization of the 36 criteria. All of the listed indicia need not be present in a given 37 instance for there to be an improper delegation of authority. 38 2. (a) In the event that: (i) a facility seeks extraordinary financial 39 assistance [and] or the commissioner finds that the facility is experi- 40 encing serious financial instability that is jeopardizing existing or 41 continued access to essential services within the community[,]; or (ii) 42 the commissioner finds that there are conditions within the facility 43 that seriously endanger the life, health or safety of residents or 44 patients[, the commissioner may appoint a temporary operator to assume45sole control and sole responsibility for the operations of that facili-46ty,]; or (iii) the commissioner finds that there has been an improper 47 delegation of management authority by the governing authority or opera- 48 tor of a general hospital[,]; the commissioner [shall] may appoint a 49 temporary operator to assume sole control and sole responsibility for 50 the operations of that facility. The appointment of the temporary opera- 51 tor shall be effectuated pursuant to this section and shall be in addi- 52 tion to any other remedies provided by law. 53 (b) The established operator of a facility may at any time request the 54 commissioner to appoint a temporary operator. Upon receiving such a 55 request, the commissioner may, if [he or she determines] they determine 56 that such an action is necessary to restore or maintain the provision ofS. 3007 48 A. 3007 1 quality care to the residents or patients, or alleviate the facility's 2 financial instability, enter into an agreement with the established 3 operator for the appointment of a temporary operator to assume sole 4 control and sole responsibility for the operations of that facility. 5 3. (a) A temporary operator appointed pursuant to this section shall, 6 [prior to his or her] within thirty days of their appointment as tempo- 7 rary operator, provide the commissioner with a work plan satisfactory to 8 the commissioner to address the facility's deficiencies and serious 9 financial instability and a schedule for implementation of such plan. [A10work plan shall not be required prior to the appointment of the tempo-11rary operator pursuant to clause (ii) of paragraph (a) of subdivision12two of this section if the commissioner has determined that the immedi-13ate appointment of a temporary operator is necessary because public14health or safety is in imminent danger or there exists any condition or15practice or a continuing pattern of conditions or practices which poses16imminent danger to the health or safety of any patient or resident of17the facility. Where such immediate appointment has been found to be18necessary, the temporary operator shall provide the commissioner with a19work plan satisfactory to the commissioner as soon as practicable.] 20 (b) The temporary operator shall use [his or her] their best efforts 21 to implement the work plan provided to the commissioner, if applicable, 22 and to correct or eliminate any deficiencies or financial instability in 23 the facility and to promote the quality and accessibility of health care 24 services in the community served by the facility. The temporary opera- 25 tor's authority shall include, but not be limited to, hiring or firing 26 of the facility administrator and other key management employees; main- 27 tenance and control of the books and records; authority over the dispo- 28 sition of assets and the incurring of liabilities on behalf of the 29 facility; and the adoption and enforcement of policies regarding the 30 operation of the facility. Such correction or elimination of deficien- 31 cies or serious financial instability shall not include major alter- 32 ations of the physical structure of the facility. During the term of 33 [his or her] their appointment, the temporary operator shall have the 34 sole authority to direct the management of the facility in all aspects 35 of operation and shall be afforded full access to the accounts and 36 records of the facility. The temporary operator shall, during this peri- 37 od, operate the facility in such a manner as to promote safety and the 38 quality and accessibility of health care services or residential care in 39 the community served by the facility. The temporary operator shall have 40 the power to let contracts therefor or incur expenses on behalf of the 41 facility, provided that where individual items of repairs, improvements 42 or supplies exceed ten thousand dollars, the temporary operator shall 43 obtain price quotations from at least three reputable sources. The 44 temporary operator shall not be required to file any bond. No security 45 interest in any real or personal property comprising the facility or 46 contained within the facility, or in any fixture of the facility, shall 47 be impaired or diminished in priority by the temporary operator. Neither 48 the temporary operator nor the department shall engage in any activity 49 that constitutes a confiscation of property without the payment of fair 50 compensation. 51 4. The temporary operator shall be entitled to a reasonable fee, as 52 determined by the commissioner, and necessary expenses incurred during 53 [his or her] their performance as temporary operator, to be paid from 54 the revenue of the facility. The temporary operator shall collect incom- 55 ing payments from all sources and apply them to the reasonable fee and 56 to costs incurred in the performance of [his or her] their functions asS. 3007 49 A. 3007 1 temporary operator in correcting deficiencies and causes of serious 2 financial instability. The temporary operator shall be liable only in 3 [his or her] their capacity as temporary operator for injury to person 4 and property by reason of conditions of the facility in a case where an 5 established operator would have been liable; [he or she] they shall not 6 have any liability in [his or her] their personal capacity, except for 7 gross negligence and intentional acts. 8 5. (a) The initial term of the appointment of the temporary operator 9 shall not exceed one hundred eighty days. After one hundred eighty days, 10 if the commissioner determines that termination of the temporary opera- 11 tor would cause significant deterioration of the quality of, or access 12 to, health care or residential care in the community or that reappoint- 13 ment is necessary to correct the conditions within the facility that 14 seriously endanger the life, health or safety of residents or patients, 15 or the financial instability that required the appointment of the tempo- 16 rary operator, the commissioner may authorize up to two additional 17 [ninety-day] one hundred eighty-day terms. 18 (b) Upon the completion of the [two ninety-day] up to three one 19 hundred eighty-day terms referenced in paragraph (a) of this subdivi- 20 sion, 21 (i) if the established operator is the debtor in a bankruptcy proceed- 22 ing, and the commissioner determines that the temporary operator 23 requires additional terms to operate the facility during the pendency of 24 the bankruptcy proceeding and to carry out any plan resulting from the 25 proceeding, the commissioner may reappoint the temporary operator for 26 additional ninety-day terms until the termination of the bankruptcy 27 proceeding, provided that the commissioner shall provide for notice and 28 a hearing as set forth in subdivision six of this section; or 29 (ii) if the established operator requests the reappointment of the 30 temporary operator, the commissioner may reappoint the temporary opera- 31 tor for one additional ninety-day term, pursuant to an agreement between 32 the established operator, the temporary operator and the department. 33 (c) [Within fourteen] No sooner than sixty days and no later than 34 thirty days prior to the termination of each term of the appointment of 35 the temporary operator, the temporary operator shall submit to the 36 commissioner and to the established operator a report describing: 37 (i) the actions taken during the appointment to address [such] the 38 deficiencies and financial instability that led to appointment of the 39 temporary operator, 40 (ii) objectives for the continuation of the temporary operatorship if 41 necessary and a schedule for satisfaction of such objectives, 42 (iii) recommended actions for the ongoing operation of the facility 43 subsequent to the term of the temporary operator including recommenda- 44 tions regarding the proper management of the facility and ongoing agree- 45 ments with individuals or entities with proper delegation of management 46 authority; and 47 (iv) [with respect to the first ninety-day term referenced in para-48graph (a) of this subdivision,] a plan and timeline for sustainable 49 operation to avoid closure, or for the transformation of the facility 50 which may include any option permissible under this chapter or the 51 social services law and implementing regulations thereof; and, where 52 applicable, a recommendation with rationale for an additional temporary 53 operator term. The report shall reflect best efforts to produce a full 54 and complete accounting. 55 Each report pursuant to this paragraph shall be reviewed by the commis- 56 sioner, who may consult with the temporary operator and the establishedS. 3007 50 A. 3007 1 operator and make modifications if necessary. Prior to expiration of the 2 temporary operator's final term, a final report shall be submitted by 3 the temporary operator and approved by the commissioner. The estab- 4 lished operator shall implement the recommended actions according to the 5 final report. If the established operator at any time demonstrates 6 unwillingness to make or implement changes identified in the final 7 report, the commissioner may extend the term of, or reinstate, the 8 temporary operator, and/or the commissioner may move to amend or revoke 9 the established operator's operating certificate. 10 (d) The term of the initial appointment and of any subsequent reap- 11 pointment may be terminated prior to the expiration of the designated 12 term, if the established operator and the commissioner agree on a plan 13 of correction and the implementation of such plan. 14 6. (a) The commissioner, upon making a determination to appoint a 15 temporary operator pursuant to paragraph (a) of subdivision two of this 16 section shall, prior to the commencement of the appointment, cause the 17 established operator of the facility to be notified of the determination 18 by registered or certified mail addressed to the principal office of the 19 established operator. Such notification shall include a detailed 20 description of the findings underlying the determination to appoint a 21 temporary operator, and the date and time of a required meeting with the 22 commissioner and/or [his or her] their designee within ten business days 23 of the date of such notice. At such meeting, the established operator 24 shall have the opportunity to review and discuss all relevant findings. 25 At such meeting [or within ten additional business days,] the commis- 26 sioner and the established operator shall attempt to develop a mutually 27 satisfactory plan of correction and schedule for implementation. In the 28 event such plan of correction is agreed upon, the commissioner shall 29 notify the established operator that the commissioner no longer intends 30 to appoint a temporary operator. A meeting shall not be required prior 31 to the appointment of the temporary operator pursuant to clause (ii) of 32 paragraph (a) of subdivision two of this section if the commissioner has 33 determined that the immediate appointment of a temporary operator is 34 necessary because public health or safety is in imminent danger or there 35 exists any condition or practice or a continuing pattern of conditions 36 or practices which poses imminent danger to the health or safety of any 37 patient or resident of the facility. Where such immediate appointment 38 has been found to be necessary, the commissioner shall provide the 39 established operator with a notice as required under this paragraph on 40 the date of the appointment of the temporary operator. 41 (b) Should the commissioner and the established operator be unable to 42 establish a plan of correction pursuant to paragraph (a) of this subdi- 43 vision, or should the established operator fail to respond to the 44 commissioner's initial notification, a temporary operator shall be 45 appointed as soon as is practicable and shall operate pursuant to the 46 provisions of this section. 47 (c) The established operator shall be afforded an opportunity for an 48 administrative hearing on the commissioner's determination to appoint a 49 temporary operator. [Such administrative hearing shall occur prior to50such appointment, except that the hearing shall not be required prior to51the appointment of the temporary operator pursuant to clause (ii) of52paragraph (a) of subdivision two of this section if the commissioner has53determined that the immediate appointment of a temporary operator is54necessary because public health or safety is in imminent danger or there55exists any condition or practice or a continuing pattern of conditions56or practices which poses imminent danger to the health or safety of anyS. 3007 51 A. 3007 1patient or resident of the facility.] An administrative hearing as 2 provided for under this paragraph shall begin no later than [sixty] 3 thirty days from the date [of the notice to the established operator] 4 the temporary operator is appointed and shall not be extended without 5 the consent of both parties. Any such hearing shall be strictly limited 6 to the issue of whether the determination of the commissioner to appoint 7 a temporary operator is supported by substantial evidence. A [copy of8the] decision shall be made and sent to the [established operator] 9 parties no later than ten business days after completion of the hearing. 10 (d) The commissioner shall, upon making a determination to reappoint a 11 temporary operator for the first of an additional [ninety-day] one 12 hundred eighty-day term pursuant to paragraph (a) of subdivision five of 13 this section, cause the established operator of the facility to be noti- 14 fied of the determination by registered or certified mail addressed to 15 the principal office of the established operator. If the commissioner 16 determines that additional reappointments pursuant to subparagraph (i) 17 of paragraph (b) of subdivision five of this section are required, the 18 commissioner shall again cause the established operator of the facility 19 to be notified of such determination by registered or certified mail 20 addressed to the principal office of the established operator at the 21 commencement of the first of every two additional terms. Upon receipt of 22 such notification at the principal office of the established operator 23 and before the expiration of ten days thereafter, the established opera- 24 tor may request an administrative hearing on the determination, to begin 25 no later than [sixty] thirty days from the date of the reappointment of 26 the temporary operator. Any such hearing shall be strictly limited to 27 the issue of whether the determination of the commissioner to reappoint 28 the temporary operator is supported by substantial evidence. 29 § 2. This act shall take effect immediately; provided, however, that 30 the amendments to section 2806-a of the public health law made by 31 section one of this act shall not affect the repeal of such section and 32 shall be deemed repealed therewith. 33 PART L 34 Section 1. Section 18-c of the public health law, as added by section 35 4 of part O of chapter 57 of the laws of 2024, is amended to read as 36 follows: 37 § 18-c. Separate patient consent for treatment and payment for health 38 care services. Informed consent from a patient to provide any treatment, 39 procedure, examination or other direct health care services shall be 40 obtained separately from such patient's consent to pay for the services. 41 Consent to pay for any non-emergency health care services by a patient 42 shall not be given prior to [the patient receiving such services and] 43 discussing treatment costs. For purposes of this section, "consent" 44 means an action which: (a) clearly and conspicuously communicates the 45 individual's authorization of an act or practice; (b) is made in the 46 absence of any mechanism in the user interface that has the purpose or 47 substantial effect of obscuring, subverting, or impairing decision-mak- 48 ing or choice to obtain consent; and (c) cannot be inferred from 49 inaction. 50 § 2. This act shall take effect immediately and shall be deemed to 51 have been in full force and effect on and after April 1, 2025. 52 PART MS. 3007 52 A. 3007 1 Section 1. Subdivision 4 of section 2805-a of the public health law, 2 as renumbered by chapter 2 of the laws of 1988, is renumbered subdivi- 3 sion 5 and a new subdivision 4 is added to read as follows: 4 4. Every general hospital operating under the provisions of this arti- 5 cle shall file with the commissioner, in a format prescribed by the 6 department, within one hundred eighty days after the end of its fiscal 7 year, a certified report, to be conspicuously posted on the department's 8 website, showing how the hospital spent community benefit expenses, 9 including but not limited to: 10 (a) Financial assistance at cost, which shall include any free or 11 discounted services for those who cannot afford to pay and meet the 12 hospital's financial assistance criteria; 13 (b) Unreimbursed costs from Medicaid; 14 (c) Unreimbursed costs from the children's health insurance program or 15 other means-tested government programs; 16 (d) Community health improvement services and community benefit oper- 17 ations, which shall include costs associated with planning or operating 18 community benefit programs, but shall not include activities or programs 19 if they are provided primarily for marketing purposes or if they are 20 more beneficial to the hospital than to the community; 21 (e) Health professions education programs that result in a degree or 22 certificate or training necessary for residents or interns to be certi- 23 fied; 24 (f) Subsidized health services, which shall include services with a 25 negative margin, services that meet an identifiable community need and 26 services that if no longer offered would be unavailable or fall to the 27 responsibility of another nonprofit or government agency; 28 (g) Research that produces generalizable knowledge and is funded by 29 tax-exempt sources; 30 (h) Cash and in-kind contributions for community benefit, for which 31 in-kind donations may include the indirect cost of space donated to 32 community groups and the direct cost of donated food or supplies; and 33 (i) How such community benefit expenses support the priorities of New 34 York state, as outlined in guidance, including but not limited to the 35 New York state prevention agenda as developed by the department. 36 § 2. This act shall take effect October 1, 2025. Effective immediate- 37 ly, the addition, amendment and/or repeal of any rule or regulation 38 necessary for the implementation of this act on its effective date are 39 authorized to be made and completed on or before such effective date. 40 PART N 41 Section 1. Subdivision 1 of section 250 of the public health law, as 42 added by chapter 338 of the laws of 1998, is amended to read as follows: 43 1. A spinal cord injury research board is hereby created within the 44 department for the purpose of administering spinal cord injury research 45 projects and administering the spinal cord injury research trust fund 46 created pursuant to section ninety-nine-f of the state finance law. The 47 purpose of research projects administered by the board shall be [neuro-48logical] research towards treatment and a cure for such injuries and 49 their effects including, but not limited to, health-related quality of 50 life improvements. The members of the spinal cord injury research board 51 shall include but not be limited to representatives of the following 52 fields: neuroscience, neurology, neuro-surgery, neuro-pharmacology, and 53 spinal cord rehabilitative medicine. The board shall be composed of 54 thirteen members, seven of whom shall be appointed by the governor, twoS. 3007 53 A. 3007 1 of whom shall be appointed by the temporary president of the senate, two 2 of whom shall be appointed by the speaker of the assembly, one of whom 3 shall be appointed by the minority leader of the senate, and one of whom 4 shall be appointed by the minority leader of the assembly. 5 § 2. Subdivision 2 of section 251 of the public health law, as added 6 by chapter 338 of the laws of 1998, is amended to read as follows: 7 2. Solicit, receive, and review applications from public and private 8 agencies and organizations and qualified research institutions for 9 grants from the spinal cord injury research trust fund, created pursuant 10 to section ninety-nine-f of the state finance law, to conduct research 11 programs which focus on the treatment and cure of spinal cord [injury] 12 injuries and their effects. The board shall make recommendations to the 13 commissioner, and the commissioner shall, in [his or her] their 14 discretion, grant approval of applications for grants from those appli- 15 cations recommended by the board. 16 § 3. This act shall take effect immediately. 17 PART O 18 Section 1. Subdivision (b) of schedule I of section 3306 of the public 19 health law is amended by adding eighteen new paragraphs 93, 94, 95, 96, 20 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110 to 21 read as follows: 22 (93) 1-methoxy-3-{4-(2-methoxy-2-phenylethyl)piperazin-1-yl}-1-phenylp 23 ropan-2-ol. Other name: Zipeprol. 24 (94) N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)e 25 than-1-amine. Other name: Metonitazene. 26 (95) N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide. 27 Other name: meta-Fluorofentanyl. 28 (96) N-(3-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide. 29 Other name: meta-Fluoroisobutyryl fentanyl. 30 (97) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxa 31 mide. Other name: para-Methoxyfuranylfentanyl. 32 (98) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3-carboxamide. Other 33 name: 3-Furanyl fentanyl. 34 (99) N-(1-(2,5-dimethoxyphenethyl)piperidin-4-yl)-N-phenylpropiona 35 mide. Other name: 2',5'-Dimethoxyfentanyl. 36 (100) 3-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide. Other 37 name: Isovaleryl fentanyl. 38 (101) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxa 39 mide. Other name: ortho-Fluorofuranylfentanyl. 40 (102) 2-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide. Other 41 name: alpha'-Methyl butyryl fentanyl. 42 (103) N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)cyclopropanecar 43 boxamide. Other name: para-Methylcyclopropyl fentanyl. 44 (104) 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1- 45 amine. Other names: Etodesnitazene; Etazene. 46 (105) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzi 47 midazole. Other names: N-pyrrolidinoetonitazene; Etonitazepyne. 48 (106) N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl) 49 ethan-1-amine. Other name: Protonitazene. 50 (107) 1-(2-Methyl-4-(3-phenylprop-2-en-1-yl)piperazin-1-yl)butan-1- 51 one. Other name: 2-Methyl AP-237. 52 (108) 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethyl 53 ethan-1-amine. Other name: Butonitazene.S. 3007 54 A. 3007 1 (109) N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl) 2 ethan-1-amine. Other name: Flunitazene. 3 (110) N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1- 4 amine). Other name: Metodesnitazene. 5 § 2. Paragraphs 11 and 36 of subdivision (d) of schedule I of section 6 3306 of the public health law, paragraph 11 as added by chapter 664 of 7 the laws of 1985 and paragraph 36 as added by section 5 of part BB of 8 chapter 57 of the laws of 2018, are amended to read as follows: 9 (11) [Ibogane] Ibogaine. Some trade and other names: [7-ethyl-6, 6&,107, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido11{1',2':1,2} azepino {5,4-b} indole: tabernanthe iboga.] 12 7-Ethyl-6,6&,7,8,9,10,12,13-octahydro-2-methoxy-6, 9-methano-5H-pyrido{1' 13 ,2':1,2} azepino {5,4-b} indole; Tabernanthe iboga. 14 (36) 5-methoxy-N,N-dimethyltryptamine. Some trade or other names: 15 5-methoxy-3-{2-(dimethylamino)ethyl}indole; 5-MeO-DMT. 16 § 3. Subdivision (d) of schedule I of section 3306 of the public 17 health law is amended by adding nineteen new paragraphs 32, 39, 40, 41, 18 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 and 56 to read as 19 follows: 20 (32) 4-methyl-N-ethylcathinone. Some trade or other names: 4-MEC. 21 (39) 4-methyl-alpha-pyrrolidinopropiophenone. Some trade or other 22 names: 4-MePPP. 23 (40) Alpha-pyrrolidinopentiophenone. Some trade or other names: @-PVP. 24 (41) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one. Some trade 25 or other names: Butylone; bk-MBDB. 26 (42) 2-(methylamino)-1-phenylpentan-1-one. Some trade or other names: 27 Pentedrone. 28 (43) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one. Some trade 29 or other names: Pentylone; bk-MBDP. 30 (44) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one. Some trade 31 or other names: Naphyrone. 32 (45) Alpha-pyrrolidinobutiophenone. Some trade or other names: @-PBP. 33 (46) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)propan-1-one. Some trade 34 or other names: Ethylone. 35 (47) N-ethylpentylone. Some trade or other names: Ephylone; 36 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)pentan-1-one). 37 (48) 1-(4-methoxyphenyl)-N-methylpropan-2-amine. Some trade or other 38 names: Para-methoxymethamphetamine; PMMA. 39 (49) N-Ethylhexedrone. Some trade or other names: @-ethylaminohexano 40 phenone; 2-(ethylamino)-1-phenylhexan-1-one. 41 (50) alpha-Pyrrolidinohexanophenone. Some trade or other names: @-PHP; 42 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one. 43 (51) 4-Methyl-alpha-ethylaminopentiophenone. Some trade or other 44 names: 4-MEAP; 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one. 45 (52) 4'-Methyl-alpha-pyrrolidinohexiophenone. Some trade or other 46 names: MPHP; 4'-methyl-alpha-pyrrolidinohexanophenone; 1-(4-methylphe 47 nyl)-2-(pyrrolidin-1-yl)hexan-1-one. 48 (53) alpha-Pyrrolidinoheptaphenone. Some trade or other names: PV8; 49 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one. 50 (54) 4'-Chloro-alpha-pyrrolidinovalerophenone. Some trade or other 51 names: 4-chloro-@-PVP; 4'-Chloro-alpha-pyrrolidinopentiophenone; 1-(4- 52 chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one. 53 (55) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one. Some trade or 54 other names: Methoxetamine; MXE. 55 (56) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)butan-1-one. Some trade or 56 other names: Eutylone; bk-EBDB.S. 3007 55 A. 3007 1 § 4. Subdivision (e) of schedule I of section 3306 of the public 2 health law is amended by adding five new paragraphs 7, 8, 9, 10 and 11 3 to read as follows: 4 (7) 4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno{3,2-f}{1,2,4}triazol 5 o{4,3-a}{1,4}diazepine. Some trade or other names: Etizolam. 6 (8) 8-chloro-6-(2-fluorophenyl)-1-methyl-4H-benzo{f}{1,2,4}triazolo{4, 7 3-a}{1,4}diazepine. Some trade or other names: Flualprazolam. 8 (9) 6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo{f}{1,2,4}triazolo{4,3 9 -a}{1,4}diazepine. Some trade or other names: Clonazolam. 10 (10) 8-bromo-6-(2-fluorophenyl)-1-methyl-4H-benzo{f}{1,2,4}triazolo{4, 11 3-a}{1,4}diazepine. Some trade or other names: Flubromazolam. 12 (11) 7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-benzo{e}{1,4} 13 diazepin-2-one. Some trade or other names: Diclazepam. 14 § 5. Paragraphs 13 and 14 of subdivision (f) of schedule I of section 15 3306 of the public health law, as added by chapter 341 of the laws of 16 2013, are amended and five new paragraphs 25, 26, 27, 28, and 29 are 17 added to read as follows: 18 (13) 3-Fluoromethcathinone. Some trade or other names: 3-fluoro-N 19 -methylcathinone; 3-FMC. 20 (14) 4-Fluoromethcathinone. Some trade or other names: 4-fluoro-N- 21 methylcathinone; 4-FMC; Flephedrone. 22 (25) 7-{(10,11-dihydro-5H-dibenzo{a,d}cyclohepten-5-yl)amino}heptanoic 23 acid. Other name: Amineptine. 24 (26) N-phenyl-N'-(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl) 25 carbamimidate. Other name: Mesocarb. 26 (27) N-methyl-1-(thiophen-2-yl)propan-2-amine. Other name: Methiopro- 27 pamine. 28 (28) 4,4'-Dimethylaminorex. Some trade or other names: 4,4'-DMAR; 4,5- 29 dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 4-methyl-5-(4-methyl 30 phenyl)-4,5-dihydro-1,3-oxazol-2-amine. 31 (29) Ethyl 2-phenyl-2-(piperidin-2-yl)acetate. Other name: Ethylpheni- 32 date. 33 § 6. Paragraphs 2, 6 and 10 of subdivision (g) of schedule I of 34 section 3306 of the public health law, as added by section 7 of part BB 35 of chapter 57 of the laws of 2018, are amended to read as follows: 36 (2) [{1-(5-fluro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethylcyclopro37pyl) methanone.] {1-(5-fluoro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethyl 38 cyclopropyl)methanone. Some trade names or other names: 5-fluoro-UR- 39 144[,]; XLR11. 40 (6) [N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazo41[-]le-3-carboxamide.] N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorob 42 enzyl)-1H-indazole-3-carboxamide. Some trade or other names: AB- FUBINA- 43 CA. 44 (10) [{1-(5-fluoropentyl)-1H-indazol-3-yl}(naphthalen-1-y1)methanone.] 45 {1-(5-fluoropentyl)-1H-indazol-3-yl}(naphthalen-1-yl)methanone. Some 46 trade or other names: THJ-2201. 47 § 7. Subdivision (g) of schedule I of section 3306 of the public 48 health law is amended by adding nineteen new paragraphs 11, 12, 13, 14, 49 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 to read as 50 follows: 51 (11) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H- 52 indazole-3-carboxamide. Some trade or other names: MAB-CHMINACA; ADB- 53 CHMINACA. 54 (12) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methyl 55 butanoate. Some trade or other names: FUB-AMB; MMB-FUBINACA; AMB- 56 FUBINACA.S. 3007 56 A. 3007 1 (13) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3- 2 dimethylbutanoate. Some trade or other names: MDMB-CHMICA; MMB-CHMINACA. 3 (14) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3- 4 dimethylbutanoate. Some trade or other names: MDMB-FUBINACA. 5 (15) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-in 6 dazole-3-carboxamide. Some trade or other names: ADB-FUBINACA. 7 (16) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide. 8 Some trade or other names: 5F-APINACA; 5F-AKB48. 9 (17) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-meth 10 ylbutanoate. Some trade or other names: 5F-AMB. 11 (18) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3- 12 dimethylbutanoate. Some trade or other names: 5F-ADB; 5F-MDMB-PINACA. 13 (19) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Some 14 trade or other names: NM2201; CBL2201. 15 (20) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-inda 16 zole-3-carboxamide. Some trade or other names: 5F-AB-PINACA. 17 (21) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxa 18 mide. Some trade or other names: 4-CN-CUMYL-BUTINACA; 4-cyano-CUMYL- 19 BUTINACA; 4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78. 20 (22) methyl2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methyl 21 butanoate. Some trade or other names: MMB-CHMICA; AMB-CHMICA. 22 (23) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo{2,3-b}pyrid 23 ine-3-carboxamide. Some trade or other names: 5F-CUMYL-P7AICA. 24 (24) methyl 2-(1-(4-fluorobutyl)-1H-indazole-3-carboxamido)-3,3-dimeth 25 ylbutanoate. Some trade or other names: 4F-MDMB-BINACA; 4F-MDMB- 26 BUTINACA. 27 (25) ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimeth 28 ylbutanoate. Some trade or other names: 5F-EDMB-PINACA. 29 (26) methyl2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimeth 30 ylbutanoate. Some trade or other names: 5F-MDMB-PICA; 5F-MDMB-2201. 31 (27) N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide. 32 Some trade or other names: FUB-AKB48; FUB-APINACA; AKB48 33 N-(4-FLUOROBENZYL). 34 (28) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carbox 35 amide. Some trade or other names: 5F-CUMYL-PINACA; SGT-25. 36 (29) (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopro 37 pyl)methanone. Some trade or other names: FUB-144. 38 § 8. Paragraph 1 of subdivision (b) of schedule II of section 3306 of 39 the public health law, as amended by section 1 of part C of chapter 447 40 of the laws of 2012, is amended to read as follows: 41 (1) Opium and opiate, and any salt, compound, derivative, or prepara- 42 tion of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, 43 naldemedine, nalmefene, naloxegol, naloxone, [and] 6&-naltrexol, 44 naltrexone, and samidorphan, and their respective salts, but including 45 the following: 46 1. Raw opium. 47 2. Opium extracts. 48 3. Opium fluid. 49 4. Powdered opium. 50 5. Granulated opium. 51 6. Tincture of opium. 52 7. Codeine. 53 8. Ethylmorphine. 54 9. Etorphine hydrochloride. 55 10. Hydrocodone (also known as dihydrocodeinone). 56 11. Hydromorphone.S. 3007 57 A. 3007 1 12. Metopon. 2 13. Morphine. 3 14. Oxycodone. 4 15. Oxymorphone. 5 16. Thebaine. 6 17. Dihydroetorphine. 7 18. Oripavine. 8 19. Noroxymorphone. 9 § 9. Paragraph 4 of subdivision (b) of schedule II of section 3306 of 10 the public health law, as amended by chapter 244 of the laws of 2016, is 11 amended to read as follows: 12 (4) Coca leaves and any salt, compound, derivative, or preparation of 13 coca leaves, and any salt, compound, derivative, or preparation thereof 14 which is chemically equivalent or identical with any of these substances 15 including cocaine and ecgonine, their salts, isomers, and salts of isom- 16 ers, except that the substances shall not include: (A) decocainized coca 17 leaves or extraction of coca leaves, which extractions do not contain 18 cocaine or ecgonine; [or] (B) {123I} ioflupane; or (C) {18F}FP-CIT. 19 § 10. Subdivision (c) of schedule II of section 3306 of the public 20 health law is amended by adding a new paragraph 30 to read as follows: 21 (30) Oliceridine. (N-{(3-methoxythiophen-2-yl)methyl}({2-{(9R)-9- 22 (pyridin-2-yl)-6-oxaspiro{4.5}decan-9-yl}ethyl})amine). 23 § 11. Subdivision (f) of schedule II of section 3306 of the public 24 health law, as amended by chapter 589 of the laws of 1996, the undesig- 25 nated paragraph as amended by chapter 575 of the laws of 2001, is 26 amended to read as follows: 27 (f) Hallucinogenic substances. 28 [Nabilone: Another name for nabilone: (+,-)-trans29-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6,306-dimethyl-9H-dibenzo{b,d}pyran-9-one.] (1) Nabilone. Another name for 31 nabilone:(+,-)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- 32 hydroxy-6,6-dimethyl-9H-dibenzo{b,d}pyran-9-one. 33 (2) Dronabinol {(-)-delta-9-transtetrahydrocannabinol} in an oral 34 solution in a drug product approved for marketing by the United States 35 Food and Drug Administration. 36 § 12. Subparagraph (i) of paragraph 3 of subdivision (g) of schedule 37 II of section 3306 of the public health law, as amended by section 2 of 38 part BB of chapter 57 of the laws of 2023, is amended to read as 39 follows: 40 (i) [4-anilino-N-phenenethylpiperidine] 4-anilino-N-phenethylpiperi 41 dine (ANPP)[.]; 42 § 13. Subdivision (h) of schedule II of section 3306 of the public 43 health law, as amended by section 8 of part C of chapter 447 of the laws 44 of 2012, is amended to read as follows: 45 (h) (1) Anabolic steroids. Unless specifically excepted or unless 46 listed in another schedule, "anabolic steroid" shall mean any drug or 47 hormonal substance, chemically and pharmacologically related to testos- 48 terone (other than estrogens, progestins, corticosteroids and dehydroe- 49 piandrosterone) and includes: 50 [(1) 3{beta}, 17-dihydroxy-5a-androstane] (i) 3{beta},17{beta}- 51 dihydroxy-5{alpha}-androstane. 52 [(2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane] (ii) 3{alpha},17 53 {beta}-dihydroxy-5{alpha}-androstane. 54 [(3)] (iii) 5{alpha}-androstan-3,17-dione. 55 [(4)] (iv) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}- 56 androst-1-ene).S. 3007 58 A. 3007 1 [(5)] (v) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}- 2 androst-1-ene). 3 [(6)] (vi) 4-androstenediol [(3{beta}, 17{beta}-dihydroxy-androst4-4-ene)] (3{beta},17{beta}-dihydroxy-androst-4-ene). 5 [(7)] (vii) 5-androstenediol [(3{beta},17{beta}-dihydroxy-androst-5-6ene)] (3{beta},17{beta}-dihydroxy-androst-5-ene). 7 [(8)] (viii) 1-androstenedione [({5{alpha}}-androst-1-en-3,17-dione)] 8 (5{alpha}-androst-1-en-3,17-dione). 9 [(9)] (ix) 4-androstenedione (androst-4-en-3,17-dione). 10 [(10)] (x) 5-androstenedione (androst-5-en-3,17-dione). 11 [(11)] (xi) Bolasterone [(7{alpha},17{alpha}-dimethyl-17{beta}-12hydroxyandrost-4-en-3-one)] (7{alpha},17{alpha}-dimethyl-17{beta}-hydro 13 xyandrost-4-en-3-one). 14 [(12)] (xii) Boldenone [(17{beta}-hydroxyandrost-1, 4,-diene-3-one)] 15 (17{beta}-hydroxyandrost-1,4-diene-3-one). 16 [(13)] (xiii) Boldione (androsta-1,4-diene-3,17-dione). 17 [(14)] (xiv) Calusterone [(7{beta},17{alpha}-dimethyl-17{beta}-18hydroxyandrost-4-en-3-one)] (7{beta},17{alpha}-dimethyl-17{beta}-hydroxy 19 androst-4-en-3-one). 20 [(15)] (xv) Clostebol [(4-chloro-17{beta}-hydroxyandrost-4-en-3-one)] 21 (4-chloro-17{beta}-hydroxyandrost-4-en-3-one). 22 [(16)] (xvi) Dehydrochloromethyltestosterone (4-chloro-17{beta}- 23 hydroxy-17{alpha}-methyl-androst-1, 4-dien-3-one). 24 [(17) {Delta} 1-dihydrotestosterone] (xvii) {Delta}1-dihydrotestos 25 terone (a.k.a. '1-testosterone') (17{beta}-hydroxy-5{alpha}-androst-1- 26 en-3-one). 27 [(18)] (xviii) 4-dihydrotestosterone (17{beta}-hydroxy-androstan- 28 3-one). 29 [(19)] (xix) Drostanolone (17{beta}-hydroxy-2{alpha}-methyl 30 -5{alpha}-androstan-3-one). 31 [(20)] (xx) Ethylestrenol (17{alpha}-ethyl-17{beta}-hydroxyestr- 32 4-ene). 33 [(21)] (xxi) Fluoxymesterone [(9-fluoro-17{alpha}-methyl-11{beta}, 1734{beta}-dihydroxyandrost-4-en-3-one)] (9-fluoro-17{alpha}-methyl- 35 11{beta},17{beta}-dihydroxyandrost-4-en-3-one). 36 [(22)] (xxii) Formebolone [(2-formyl-17{alpha}-methyl-11{alpha},3717{beta}-dihydroxyandrost-1, 4-dien-3-one)] (2-formyl-17{alpha}-methyl 38 -11{alpha},17{beta}-dihydroxyandrost-1,4-dien-3-one). 39 [(23)] (xxiii) Furazabol [(17{alpha}-methyl-17{beta}-hydroxyandrostano40{2, 3-c}-furazan)] (17{alpha}-methyl-17{beta}-hydroxyandrostano{2,3-c}- 41 furazan). 42 [(24) 13{beta}-ethyl-17{beta}-hyroxygon-4-en-3-one] (xxiv) 13{beta}- 43 ethyl-17{beta}-hydroxygon-4-en-3-one. 44 [(25)] (xxv) 4-hydroxytestosterone [(4, 17{beta}-dihydroxy-androst-4-45en-3-one)] (4,17{beta}-dihydroxy-androst-4-en-3-one). 46 [(26)] (xxvi) 4-hydroxy-19-nortestosterone [(4,17{beta}-dihydroxy47-estr-4-en-3-one)] (4,17{beta}-dihydroxyestr-4-en-3-one). 48 [(27) desoxymethyltestosterone] (xxvii) Desoxymethyltestosterone 49 (17{alpha}-methyl-5 {alpha}-androst-2-en-17{beta}-ol) (a.k.a., [madol)] 50 'madol'). 51 [(28)] (xxviii) Mestanolone [(17{alpha}-methyl-17{beta}-hydroxy-5-52androstan-3-one)] 53 (17{alpha}-methyl-17{beta}-hydroxy-5-{alpha}-androstan- 3-one). 54 [(29)] (xxix) Mesterolone [(1{alpha}methyl-17{beta}-hydroxy-55{5{alpha}}-androstan-3-one)] (1{alpha}-methyl-17{beta}-hydroxy-5{alpha} 56 -androstan-3-one).S. 3007 59 A. 3007 1 [(30)] (xxx) Methandienone [(17{alpha}-methyl-17{beta}-hydroxyandrost-21, 4-dien-3-one)] (17{alpha}-methyl-17{beta}-hydroxyandrost-1, 4-dien-3- 3 one). 4 [(31)] (xxxi) Methandriol [(17{alpha}-methyl-3{beta}, 17{beta}-dihydro5xyandrost-5-ene)] (17{alpha}-methyl-3{beta},17{beta}-dihydroxyandrost- 6 5-ene). 7 [(32)] (xxxii) Methenolone [(1-methyl-17{beta}-hydroxy-5{alpha}8-androst-1-en-3-one)] (1-methyl-17{beta}-hydroxy-5{alpha}-androst-1- 9 en-3-one). 10 [(33) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxy-5-androstane] 11 (xxxiii) 12 17{alpha}-methyl-3{beta},17{beta}-dihydroxy-5{alpha}-androstane. 13 [(34) 17{alpha}-methyl-3{alpha}, 17{beta}-dihydroxy-5a-androstane] 14 (xxxiv) 17{alpha}-methyl-3{alpha},17{beta}-dihydroxy5{alpha}-androstane. 15 [(35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.] 16 (xxxv) 17{alpha}-methyl-3{beta},17{beta}-dihydroxyandrost-4-ene. 17 [(36) 17{alpha}-methyl-4-hydroxynandrolone (17{alpha}-methyl-4-hydroxy18-17{beta}-hydroxyestr-4-en-3-one).] (xxxvi) 17{alpha}-methyl-4-hydroxy 19 nandrolone(17{alpha}-methyl-4-hydroxy-17{beta}-hydroxyestr-4-en-3-one). 20 [(37)] (xxxvii) Methyldienolone [(17{alpha}-methyl-17{beta}-hydroxy21estra-4,9(10)-dien-3-one).] (17{alpha}-methyl-17{beta}-hydroxyestra-4,9 22 (10)-dien-3-one). 23 [(38)] (xxxviii) Methyltrienolone [(17{alpha}-methyl-17{beta}-hydroxy24estra-4, 9-11-trien-3-one).] (17{alpha}-methyl-17{beta}-hydroxyestra-4, 25 9,11-trien-3-one). 26 [(39)] (xxxix) Methyltestosterone (17{alpha}-methyl-17{beta}-hydroxy 27 androst-4-en-3-one). 28 [(40)] (xl) Mibolerone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxy 29 estr-4-en-3-one). 30 [(41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone(17b{beta}-hydroxy31-17{alpha}-methyl-5{alpha}-androst-1-en-3-one)] (xli) 17{alpha}-methyl- 32 {Delta}1-dihydrotestosterone(17{beta}-hydroxy-17{alpha}-methyl-5{alpha}- 33 androst-1-en-3-one) (a.k.a. '17-{alpha}-methyl-1-testosterone'). 34 [(42) Nandrolone(17{beta}-hydroxyestr-4-en-3-one).] (xlii) Nandrolone 35 (17{beta}-hydroxyestr-4-en-3-one). 36 [(43)] (xliii) 19-nor-4-androstenediol [(3{beta},17{beta}-dihydroxy37estr -4-ene).] (3{beta},17{beta}-dihydroxyestr-4-ene). 38 [(44)] (xliv) 19-nor-4-androstenediol [(3{alpha},17{beta}-dihydroxy39estr-4-ene).] (3{alpha},17{beta}-dihydroxyestr-4-ene). 40 [(45)] (xlv) 19-nor-5-androstenediol [(3{beta},17{beta}-dihydroxyestr41-5-ene).] (3{beta},17{beta}-dihydroxyestr-5-ene). 42 [(46)] (xlvi) 19-nor-5-androstenediol [(3{alpha},17{beta}-dihydrox-43yestr-5-ene).] (3{alpha},17{beta}-dihydroxyestr-5-ene). 44 [(47) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-45dione).] (xlvii) 19-nor-4,9 (10)-androstadienedione (estra-4,9(10)- 46 diene-3,17-dione). 47 [(48)] (xlviii) 19-nor-4-androstenedione (estr-4-en-3,17-dione). 48 [(49)] (xlix) 19-nor-5-androstenedione (estr-5-en-3,17-dione). 49 [(50)] (l) Norbolethone [(13{beta}, 17{alpha}-diethyl-17{beta}-50hydroxygon-4-en-3-one).] (13{beta},17{alpha}-diethyl-17{beta}-hydroxygon 51 -4-en-3-one). 52 [(51)] (li) Norclostebol [(4-chloro-17{beta}-hydroxyestr-4-en-3-53one).] (4-chloro-17{beta}-hydroxyestr-4-en-3-one). 54 [(52)] (lii) Norethandrolone (17{alpha}-ethyl-17{beta}-hydroxyestr- 55 4-en-3-one).S. 3007 60 A. 3007 1 [(53)] (liii) Normethandrolone [(17{alpha}-methyl-17{beta}-hydroxestr-24-en-3-one).] (17{alpha}-methyl-17{beta}-hydroxyestr-4-en-3-one). 3 [(54)] (liv) Oxandrolone [(17{alpha}-methyl-17{beta}-hydroxy-2-oxa-4{5{alpha}}-androstan-3-one).] (17{alpha}-methyl-17{beta}-hydroxy-2-oxa- 5 5{alpha}-androstan-3-one). 6 [(55)] (lv) Oxymesterone [(17{alpha}-methyl-4, 17{beta}-dihydroxy7androst-4-en-3-one).] (17{alpha}-methyl-4,17{beta}-dihydroxyandrost-4- 8 en-3-one). 9 [(56)] (lvi) Oxymetholone [(17 {alpha}-methyl-2-hydroxymethylene-1710{beta}-hydroxy-{5{alpha}}- androstan-3-one).] (17{alpha}-methyl-2-hydro 11 xymethylene-17{beta}-hydroxy-5{alpha}-androstan-3-one). 12 [(57)] (lvii) Stanozolol [(17{alpha}-methyl-17{beta}-hydroxy-13{5{alpha}}-androst-2-eno{3,2-c}-pyrazole).] (17{alpha}-methyl-17{beta}- 14 hydroxy-5{alpha}-androst-2-eno{3,2-c}-pyrazole). 15 [(58)] (lviii) Stenbolone [(17{beta}-hydroxy-2-methyl-{5{alpha}}-16androst-1-en-3-one).] (17{beta}-hydroxy-2-methyl-5{alpha}-androst-1-en- 17 3-one). 18 [(59)] (lix) Testolactone [(13-hydroxy-3-oxo-13, 17-secoandrosta-1,194-dien-17-oic acid lactone).] (13-hydroxy-3-oxo-13,17-secoandrosta1,4- 20 dien-17-oic acid lactone). 21 [(60)] (lx) Testosterone (17{beta}-hydroxyandrost-4-en-3-one). 22 [(61)] (lxi) Tetrahydrogestrinone [(13{beta}, 17{alpha}-diethyl-2317{beta}-hydroxygon-4, 9, 11-trien-3-one).] (13{beta},17{alpha}-diethyl- 24 17{beta}-hydroxygon-4,9,11-trien-3-one). 25 [(62)] (lxii) Trenbolone [(17{beta}-hydroxyestr-4, 9, 11-trien-263-one).] (17{beta}-hydroxyestr-4,9,11-trien-3-one). 27 [(63)] (lxiii) 5{alpha}-androstan-3,6,17-trione. 28 (lxiv) 6-bromo-androsta-1,4-diene-3,17-dione. 29 (lxv) 6-bromo-androstan-3,17-dione. 30 (lxvi) 4-chloro-17{alpha}-methyl-androsta-1,4-diene-3,17{beta}-diol. 31 (lxvii) 4-chloro-17{alpha}-methyl-androst-4-ene-3{beta},17{beta}-diol. 32 (lxviii) 4-chloro-17{alpha}-methyl-17{beta}hydroxy-androst-4-en-3-one. 33 (lxix) 4-chloro-17{alpha}-methyl-17{beta}hydroxy-androst-4-ene-3,11- 34 dione. 35 (lxx) 2{alpha},17{alpha}-dimethyl-17{beta}-hydroxy-5{beta}-androstan- 36 3-one. 37 (lxxi) 2{alpha},3{alpha}-epithio-17{alpha}-methyl-5{alpha}androstan-17 38 {beta}-ol. 39 (lxxii) estra-4,9,11-triene-3,17-dione. 40 (lxxiii) {3,2-c}furazan-5{alpha}-androstan-17{beta}-ol. 41 (lxxiv) 18a-homo-3-hydroxy-estra-2,5(10)-dien-17-one. 42 (lxxv) 4-hydroxy-androst-4-ene-3,17-dione. 43 (lxxvi) 17{beta}-hydroxy-androstano{2,3-d}isoxazole. 44 (lxxvii) 17{beta}-hydroxy-androstano{3,2-c}isoxazole. 45 (lxxviii) 3{beta}-hydroxy-estra-4,9,11-trien-17-one. 46 (lxxix) Methasterone (2{alpha},17{alpha}-dimethyl-5{alpha}-androstan- 47 17{beta}-ol-3-one or 2{alpha},17{alpha}-dimethyl-17{beta}-hydroxy- 48 5{alpha}-androstan-3-one). 49 (lxxx) 17{alpha}-methyl-androsta-1,4-diene-3,17{beta}-diol. 50 (lxxxi) 17{alpha}-methyl-5{alpha}-androstan-17{beta}-ol. 51 (lxxxii) 17{alpha}-methyl-androstan-3-hydroxyimine-17{beta}-ol. 52 (lxxxiii) 6{alpha}-methyl-androst-4-ene-3,17-dione. 53 (lxxxiv) 17{alpha}-methyl-androst-2-ene-3,17{beta}diol. 54 (lxxxv) Prostanozol (17{beta}-hydroxy-5{alpha}-androstano{3,2-c} 55 pyrazole) or {3,2-c}pyrazole-5{alpha}-androstan-17{beta}-ol. 56 (lxxxvi) {3,2-c}pyrazole-androst-4-en-17{beta}-ol.S. 3007 61 A. 3007 1 (lxxxvii) Any salt, ester or ether of a drug or substance described or 2 listed in this subdivision. 3 (2) (i) Subject to subparagraph (ii) of this paragraph, a drug or 4 hormonal substance, other than estrogens, progestins, corticosteroids, 5 and dehydroepiandrosterone, that is not listed in paragraph one of this 6 subdivision and is derived from, or has a chemical structure substan- 7 tially similar to, one or more anabolic steroids listed in paragraph one 8 of this subdivision shall be considered to be an anabolic steroid for 9 purposes of this schedule if: 10 (A) the drug or substance has been created or manufactured with the 11 intent of producing a drug or other substance that either: 12 1. promotes muscle growth; or 13 2. otherwise causes a pharmacological effect similar to that of 14 testosterone; or 15 (B) the drug or substance has been, or is intended to be, marketed or 16 otherwise promoted in any manner suggesting that consuming it will 17 promote muscle growth or any other pharmacological effect similar to 18 that of testosterone. 19 (ii) A substance shall not be considered to be a drug or hormonal 20 substance for purposes of this subdivision if: 21 (A) it is: 22 1. an herb or other botanical; 23 2. a concentrate, metabolite, or extract of, or a constituent isolated 24 directly from, an herb or other botanical; or 25 3. a combination of two or more substances described in clause one or 26 two of this item; 27 (B) it is a dietary ingredient for purposes of the Federal Food, Drug, 28 and Cosmetic Act (21 U.S.C. 301 et seq.); and 29 (C) it is not anabolic or androgenic. 30 (iii) In accordance with subdivision one of section thirty-three 31 hundred ninety-six of this article, any person claiming the benefit of 32 an exemption or exception under subparagraph (ii) of this paragraph 33 shall bear the burden of going forward with the evidence with respect to 34 such exemption or exception. 35 § 14. Subdivision (c) of schedule III of section 3306 of the public 36 health law is amended by adding a new paragraph 15 to read as follows: 37 (15) Perampanel, its salts, isomers and salts of isomers. 38 § 15. Subdivision (c) of schedule IV of section 3306 of the public 39 health law is amended by adding seven new paragraphs 54, 55, 56, 57, 58, 40 59 and 60 to read as follows: 41 (54) Alfaxalone. 42 (55) Brexanolone. 43 (56) Daridorexant. 44 (57) Lemborexant. 45 (58) Remimazolam. 46 (59) Suvorexant. 47 (60) Zuranolone. 48 § 16. Paragraph 10 of subdivision (e) of schedule IV of section 3306 49 of the public health law, as amended by chapter 589 of the laws of 1996, 50 is amended and two new paragraphs 13 and 14 are added to read as 51 follows: 52 (10) SPA((-)[)]-1-dimethylamino-1, 2-diphenylethane). 53 (13) Serdexmethylphenidate. 54 (14) Solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol, 55 beta-amino-, carbamate(ester)).S. 3007 62 A. 3007 1 § 17. Subdivision (f) of schedule IV of section 3306 of the public 2 health law, as added by chapter 664 of the laws of 1985, paragraph 2 as 3 added by chapter 457 of the laws of 2006 and paragraph 3 as added by 4 section 14 of part C of chapter 447 of the laws of 2012, is amended to 5 read as follows: 6 (f) Other substances. Unless specifically excepted or unless listed in 7 another schedule, any material, compound, mixture or preparation which 8 contains any quantity of the following substances, including its salts, 9 isomers, and salts of such isomers, whenever the existence of such 10 salts, isomers, and salts of isomers is possible: 11 (1) Pentazocine. 12 (2) Butorphanol (including its optical isomers). 13 (3) Tramadol in any quantities. 14 (4) Eluxadoline (5-{{{(2S))-2-amino-3-{4-(aminocarbonyl)-2,6-dimethyl 15 phenyl}-1-oxopropyl}{(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl}amino}meth 16 yl}-2-methoxybenzoic acid) (including its optical isomers) and its 17 salts, isomers, and salts of isomers. 18 (5) Lorcaserin. 19 § 18. Subdivision (d) of schedule V of section 3306 of the public 20 health law, as amended by section 16 of part C of chapter 447 of the 21 laws of 2012, is amended to read as follows: 22 (d) Depressants. Unless specifically exempted or excluded or unless 23 listed in another schedule, any material, compound, mixture, or prepara- 24 tion which contains any quantity of the following substances having a 25 depressant effect on the central nervous system, including its salts, 26 isomers, and salts of isomers: 27 (1) Ezogabine [{N-{2-amino-4-(4-fluorobenzylamino)-phenyl}-carbamic28acid ethyl ester}] (N-{2-amino-4-(4-fluorobenzylamino)-phenyl}-carbamic 29 acid ethyl ester). 30 (2) Lacosamide [{(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide}] 31 ((R)-2-acetoamido-N-benzyl-3-methoxy-propionamide). 32 (3) Pregabalin [{(S)-3-(aminomethyl)-5-methylhexanoic acid}] 33 ((S)-3-(aminomethyl)-5-methylhexonoic acid). 34 (4) Brivaracetam ((2S)-2-{(4R)-2-oxo-4-propylpyrrolidin-1-yl}butana 35 mide). Some trade or other names: BRV; UCB-34714; Briviact. 36 (5) Cenobamate ({(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl} 37 carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate 38 (ester), (alphaR)-; carbamic acid(R)-(+)-1-(2-chlorophenyl)-2-(2H-tetra 39 zol-2-yl)ethyl ester). 40 (6) Ganaxolone (3{alpha}-hydroxy-3{beta}-methyl-5{alpha}-pregnan-20- 41 one). 42 (7) Lasmiditan (2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl) 43 pyridine-2-yl-benzamide). 44 § 19. Subdivision 2 of section 3342 of the public health law, as 45 amended by chapter 466 of the laws of 2024, is amended to read as 46 follows: 47 2. An institutional dispenser may dispense controlled substances for 48 use off its premises only pursuant to a prescription, prepared and filed 49 in conformity with this title, provided, however, that, in an emergency 50 situation as defined by rule or regulation of the department, a practi- 51 tioner in a hospital without a full-time pharmacy may dispense 52 controlled substances to a patient in a hospital emergency room for use 53 off the premises of the institutional dispenser for a period not to 54 exceed twenty-four hours, [unless the federal drug enforcement adminis-55tration has authorized a longer time period for the purpose of initiat-56ing maintenance treatment, detoxification treatment, or both] andS. 3007 63 A. 3007 1 provided further that a practitioner in any institutional dispenser may 2 dispense controlled substances as emergency treatment to a patient for 3 use off the premises of the institutional dispenser as authorized by the 4 federal drug enforcement administration for the purpose of initiating 5 maintenance treatment, detoxification treatment, or both. 6 § 20. Subdivision 1 of section 3302 of the public health law, as 7 amended by chapter 92 of the laws of 2021, is amended to read as 8 follows: 9 1. ["Addict"] "Person with a substance use disorder" means a person 10 who habitually uses a controlled substance for a non-legitimate or 11 unlawful use, and who by reason of such use is dependent thereon. 12 § 21. Subdivision 1 of section 3331 of the public health law, as added 13 by chapter 878 of the laws of 1972, is amended to read as follows: 14 1. Except as provided in titles III or V of this article, no substance 15 in schedules II, III, IV, or V may be prescribed for or dispensed or 16 administered to [an addict] a person with a substance use disorder or 17 habitual user. 18 § 22. The title heading of title 5 of article 33 of the public health 19 law, as added by chapter 878 of the laws of 1972, is amended to read as 20 follows: 21 DISPENSING TO [ADDICTS] 22 PERSONS WITH A SUBSTANCE USE DISORDER 23 AND HABITUAL USERS 24 § 23. Section 3350 of the public health law, as added by chapter 878 25 of the laws of 1972, is amended to read as follows: 26 § 3350. Dispensing prohibition. Controlled substances may not be 27 prescribed for, or administered or dispensed to [addicts] persons with a 28 substance use disorder or habitual users of controlled substances, 29 except as provided by this title or title III of this article. 30 § 24. Section 3351 of the public health law, as added by chapter 878 31 of the laws of 1972 and subdivision 5 as amended by chapter 558 of the 32 laws of 1999, is amended to read as follows: 33 § 3351. Dispensing for medical use. 1. Controlled substances may be 34 prescribed for, or administered or dispensed to [an addict] a person 35 with a substance use disorder or habitual user: 36 (a) during emergency medical treatment unrelated to [abuse] such 37 substance use disorder or habitual use of controlled substances; 38 (b) who is a bona fide patient suffering from an incurable and fatal 39 disease such as cancer or advanced tuberculosis; 40 (c) who is aged, infirm, or suffering from serious injury or illness 41 and the withdrawal from controlled substances would endanger the life or 42 impede or inhibit the recovery of such person. 43 1-a. A practitioner may prescribe, administer and dispense any sched- 44 ule III, IV, or V narcotic drug approved by the federal food and drug 45 administration specifically for use in maintenance or detoxification 46 treatment to a person with a substance use disorder or habitual user. 47 2. Controlled substances may be ordered for use by [an addict] a 48 person with a substance use disorder or habitual user by a practitioner 49 and administered by a practitioner [or], registered nurse, emergency 50 medical technician-paramedic, acting within their scope of practice, to 51 relieve acute withdrawal symptoms. 52 3. Methadone, or such other controlled substance designated by the 53 commissioner as appropriate for such use, may be ordered for use [of an54addict] by a person with a substance use disorder by a practitioner and 55 dispensed or administered by a practitioner or [his] their designatedS. 3007 64 A. 3007 1 agent as interim treatment for [an addict on a waiting list for admis-2sion to an authorized maintenance program] a person with a substance use 3 disorder while arrangements are being made for referral to treatment for 4 such substance use disorder. 5 4. Methadone, or such other controlled substance designated by the 6 commissioner as appropriate for such use, may be administered to [an7addict] a person with a substance use disorder by a practitioner or by 8 [his] their designated agent acting under the direction and supervision 9 of a practitioner, as part of a [regime] regimen designed and intended 10 as maintenance or detoxification treatment or to withdraw a patient from 11 addiction to controlled substances. 12 5. [Methadone] Notwithstanding any other law and consistent with 13 federal requirements, methadone, or such other controlled substance 14 designated by the commissioner as appropriate for such use, may be 15 administered or dispensed directly to [an addict] a person with a 16 substance use disorder by a practitioner or by [his] their designated 17 agent acting under the direction and supervision of a practitioner, as 18 part of a substance [abuse or chemical dependence] use disorder program 19 approved pursuant to article [twenty-three or] thirty-two of the mental 20 hygiene law. 21 § 25. Section 3372 of the public health law, as amended by chapter 195 22 of the laws of 1973, is amended to read as follows: 23 § 3372. Practitioner patient reporting. It shall be the duty of every 24 attending practitioner and every consulting practitioner to report 25 promptly to the commissioner, or [his] the commissioner's duly desig- 26 nated agent, the name and, if possible, the address of, and such other 27 data as may be required by the commissioner with respect to, any person 28 under treatment if [he] the commissioner finds that such person is [an29addict or a habitual user of any narcotic drug] a person with a 30 substance use disorder. Such report shall be kept confidential and may 31 be utilized only for statistical, epidemiological or research purposes, 32 except that those reports which originate in the course of a criminal 33 proceeding other than under section 81.25 of the mental hygiene law 34 shall be subject only to the confidentiality requirements of section 35 thirty-three hundred seventy-one of this article. 36 § 26. This act shall take effect immediately; provided, however, that 37 the amendments to subdivision 2 of section 3342 of the public health law 38 made by section nineteen of this act, shall take effect on the same date 39 and in the same manner as chapter 466 of the laws of 2024, takes effect. 40 PART P 41 Section 1. Section 2805-b of the public health law is amended by 42 adding a new subdivision 6 to read as follows: 43 6. When emergency services are provided as an organized service of a 44 general hospital licensed pursuant to this article, the hospital must 45 terminate the pregnancy of any individual presenting for care at the 46 hospital if the individual has an emergency medical condition, and 47 termination of the pregnancy is needed to stabilize that individual, 48 unless the individual (or the individual's legally authorized represen- 49 tative, when the legally authorized representative is authorized to act 50 on behalf of the individual) does not consent to the treatment. If such 51 consent is not provided, a general hospital meets the requirements of 52 this subdivision with respect to an individual if the hospital offers 53 the individual the treatment. Hospitals that have limited capability for 54 receiving and treating high risk maternity patients in need of special-S. 3007 65 A. 3007 1 ized emergency care shall develop and implement standard descriptions of 2 such patients and have triage, treatment, and transfer protocols. Such 3 protocols shall provide that patients shall be transferred to another 4 hospital only when: 5 (a) the patient's condition is stable or being managed; 6 (b) the attending practitioner has authorized the transfer; and 7 (c) the receiving hospital is informed, can provide the necessary 8 resources to care for the patient, and has accepted the patient. 9 § 2. Section 2599-bb of the public health law is amended by adding a 10 new subdivision 1-a to read as follows: 11 1-a. At a health care prescriber's request, the prescription label for 12 abortion medications, including, but not limited to, mifepristone and 13 misoprostol shall include the prescribing health care facility name or 14 address instead of the name of the practitioner. The prescriber shall 15 inform the patient whether the prescriber has requested to include the 16 health care facility name or address on the prescription label. 17 § 3. Subdivision 1 of section 6810 of the education law, as amended by 18 section 2 of part V of chapter 57 of the laws of 2012, is amended and a 19 new subdivision 10-b is added to read as follows: 20 1. No drug for which a prescription is required by the provisions of 21 the Federal Food, Drug and Cosmetic Act or by the commissioner of health 22 shall be distributed or dispensed to any person except upon a 23 prescription written by a person legally authorized to issue such 24 prescription. Such drug shall be compounded or dispensed by a licensed 25 pharmacist, and no such drug shall be dispensed without affixing to the 26 immediate container in which the drug is sold or dispensed a label bear- 27 ing the name and address of the owner of the establishment in which it 28 was dispensed, the date compounded, the number of the prescription under 29 which it is recorded in the pharmacist's prescription files, the name of 30 the prescriber, or the name or address of the prescribing health care 31 facility pursuant to section twenty-five hundred ninety-nine-bb of the 32 public health law, the name and address of the patient, and the 33 directions for the use of the drug by the patient as given upon the 34 prescription. All labels shall conform to such rules and regulations as 35 promulgated by the commissioner pursuant to section sixty-eight hundred 36 twenty-nine of this article. The prescribing and dispensing of a drug 37 which is a controlled substance shall be subject to additional require- 38 ments provided in article thirty-three of the public health law. The 39 words "drug" and "prescription required drug" within the meaning of this 40 article shall not be construed to include soft or hard contact lenses, 41 eyeglasses, or any other device for the aid or correction of vision. 42 Nothing in this subdivision shall prevent a pharmacy from furnishing a 43 drug to another pharmacy which does not have such drug in stock for the 44 purpose of filling a prescription. 45 10-b. At the request of a practitioner pursuant to section twenty-five 46 hundred ninety-nine-bb of the public health law, a pharmacy that 47 receives an electronic prescription shall list the prescribing health 48 care facility name or address on the prescription label instead of the 49 name of the practitioner. 50 § 4. This act shall take effect immediately and shall be deemed to 51 have been in full force and effect on and after April 1, 2025. 52 PART Q 53 Section 1. Subdivision 2 of section 365-a of the social services law 54 is amended by adding a new paragraph (nn) to read as follows:S. 3007 66 A. 3007 1 (nn) (i) Medical assistance shall include the coverage of the follow- 2 ing services for individuals with iatrogenic infertility directly or 3 indirectly caused by medical treatment, which is an impairment of 4 fertility resulting from surgery, radiation, chemotherapy, sickle cell 5 treatment, or other medical treatment affecting reproductive organs or 6 processes: 7 (1) standard fertility preservation services to prevent or treat 8 infertility, which shall include medically necessary collection, freez- 9 ing, preservation and storage of oocytes or sperm, and such other stand- 10 ard services that are not experimental or investigational; together with 11 prescription drugs, which shall be limited to federal food and drug 12 administration approved medications and subject to medical assistance 13 program coverage requirements. In vitro fertilization (IVF) shall not be 14 covered as a fertility preservation service; and 15 (2) coverage of the costs of storage of oocytes or sperm shall be 16 subject to continued medical assistance program eligibility of the indi- 17 vidual with iatrogenic infertility, and shall terminate upon any discon- 18 tinuance of medical assistance eligibility. 19 (ii) In the event that federal financial participation for such 20 fertility preservation services is not available, medical assistance 21 shall not include coverage of these services. 22 § 2. Section 4 of part K of chapter 82 of the laws of 2002 amending 23 the insurance law and the public health law relating to coverage for the 24 diagnosis and treatment of infertility, is REPEALED. 25 § 3. The public health law is amended by adding a new section 26 2599-bb-2 to read as follows: 27 § 2599-bb-2. Improved access to infertility health care services grant 28 program. 1. The commissioner, subject to the availability of funds 29 pursuant to section twenty-eight hundred seven-v of this chapter, shall 30 establish a program to provide grants to health care providers for the 31 purpose of improving access to and expanding health care services 32 related to the range of care for infertility. Such program shall fund 33 uncompensated health care services related to the range of care for 34 infertility, to ensure the affordability of and access to care for indi- 35 viduals who lack the ability to pay for care, lack insurance coverage, 36 are underinsured, or whose insurance is deemed unusable by the rendering 37 provider. Notwithstanding sections one hundred twelve and one hundred 38 sixty-three of the state finance law, grants provided pursuant to such 39 program may be made without competitive bid or request for proposal. 40 2. Services, treatments, and procedures paid for pursuant to the grant 41 program shall be made available only in accordance with standards, 42 protocols, and other parameters established by the commissioner, which 43 shall incorporate but not be limited to the American Society for Repro- 44 ductive Medicine (ASRM) and the American College of Obstetricians and 45 Gynecologists (ACOG) standards for the appropriateness of individuals, 46 providers, treatments, and procedures. 47 3. At least one such provider shall be located in the city of New York 48 and one such provider shall be located in an upstate region. Any organ- 49 ization or provider receiving funds from the program shall take all 50 necessary steps to ensure the confidentiality of the individuals receiv- 51 ing services, treatments or procedures paid for pursuant to the grant 52 program pursuant to state and federal laws. 53 § 4. This act shall take effect immediately and shall be deemed to 54 have been in full force and effect on and after April 1, 2025; provided, 55 however, that section one of this act shall take effect October 1, 2025. 56 Effective immediately, the addition, amendment and/or repeal of any ruleS. 3007 67 A. 3007 1 or regulation necessary for the implementation of this act on its effec- 2 tive date are authorized to be made and completed on or before such 3 date. 4 PART R 5 Section 1. Section 3001 of the public health law is amended by adding 6 three new subdivisions 22, 23 and 24 to read as follows: 7 22. "Emergency medical services agencies" shall mean organized enti- 8 ties certified or licensed by the department to provide emergency 9 medical service, including ambulance services, advanced life support 10 first response services, and other integrated first response services 11 responsible for providing emergency medical services. 12 23. "Communities" shall include counties, cities, towns, villages, and 13 special districts within New York state. 14 24. "Scoring matrix" shall refer to the emergency medical community 15 assessment program framework of criteria and weightings established by 16 the department for evaluating emergency medical services systems and 17 agencies. 18 § 2. Section 3008 of the public health law is amended by adding a new 19 subdivision 4-a to read as follows: 20 4-a. In determining public need for additional emergency medical 21 services, the regional emergency medical services councils shall consid- 22 er factors related to access, community need, consistency with state 23 emergency medical system plans, and the feasibility and impact of the 24 proposed service, including any innovations or improvements in service 25 delivery, and other factors as determined by the commissioner. 26 § 3. The public health law is amended by adding a new section 3019 to 27 read as follows: 28 § 3019. Emergency medical community assessment program. 1. The emer- 29 gency medical community assessment program is hereby established to 30 evaluate and enhance the emergency medical services throughout the 31 state. The program shall assess the capabilities and performance of 32 emergency medical services agencies and the service they provide to the 33 communities they serve, assigning scores to identify strengths, defi- 34 ciencies, and areas for improvement. 35 2. The department, in consultation with the state council and other 36 stakeholders, shall establish the criteria and scoring matrix to evalu- 37 ate emergency medical services systems. Criteria shall include, but not 38 be limited to, system organization, access to care, response effective- 39 ness, operational efficiency, and quality improvement. The scoring 40 matrix shall ensure objective evaluations and consistency statewide, 41 with assessments informing resource allocation and system improvements. 42 Assessment results shall be publicly accessible and integrated into 43 county emergency medical services plans to identify gaps, prioritize 44 resources, and enhance system readiness and sustainability. 45 3. The department shall prepare and publish, in a manner determined by 46 the department, a comprehensive statewide report of the emergency 47 medical community assessment program results at least every five years, 48 or at such intervals as deemed necessary by the commissioner. 49 4. All jurisdictions and emergency medical services agencies, except 50 cities with populations of one million or more, shall participate in the 51 program and provide timely and accurate information. 52 5. The commissioner is authorized to allocate funding to assist coun- 53 ties and agencies in implementing the program, conducting assessments, 54 addressing deficiencies, and improving system performance and shallS. 3007 68 A. 3007 1 prioritize areas with significant resource gaps and align with program 2 objectives. 3 § 4. The public health law is amended by adding a new section 3019-a 4 to read as follows: 5 § 3019-a. Statewide comprehensive emergency medical system plan. 1. 6 The state emergency medical services council, in collaboration and with 7 final approval of the department, shall develop and maintain a statewide 8 comprehensive emergency medical system plan that shall provide for a 9 coordinated emergency medical system within the state, which shall 10 include but not be limited to: 11 (a) establishing a comprehensive statewide emergency medical system, 12 consisting of facilities, transportation, workforce, communications, and 13 other components to improve the delivery, access and utilization of 14 emergency medical services and thereby decrease morbidity, hospitaliza- 15 tion, disability, and mortality; 16 (b) improving the accessibility of high-quality emergency medical 17 services; 18 (c) coordinating professional medical organizations, hospitals, and 19 other public and private agencies in developing alternative delivery 20 models for persons who are presently using emergency departments for 21 routine, nonurgent and primary medical care to be served appropriately 22 and economically; provided, however, that the provisions of this subdi- 23 vision shall not be mandated for cities with a population of one million 24 or more; and 25 (d) developing, conducting, promoting, and encouraging programs of 26 initial and advanced education and training designed to enhance and 27 recognize the knowledge and skills of emergency medical services practi- 28 tioners throughout the state with emphasis on regions underserved by or 29 with limited access to emergency medical services. 30 2. The statewide comprehensive emergency medical system plan shall be 31 reviewed, updated if necessary, and published every five years on the 32 department's website, or at such earlier times as may be necessary to 33 improve the effectiveness and efficiency of the state's emergency 34 medical services system. 35 3. Each county shall develop and maintain a comprehensive county emer- 36 gency medical system plan, in a manner and format established by the 37 department, that shall provide for a coordinated emergency medical 38 system within the county to provide essential emergency medical services 39 for all residents within the county. The county office of emergency 40 medical services shall be responsible for the development, implementa- 41 tion, and maintenance of the comprehensive county emergency medical 42 system plan. 43 (a) County plans shall require review and approval by the department. 44 The state emergency medical services council and the regional emergency 45 medical services council may review county plans and provide recommenda- 46 tions to the department prior to final approval. 47 (b) Any permanent modifications to the approved county emergency 48 medical system plan, including the dissolution of an ambulance service 49 district or other significant modification of emergency medical services 50 agency coverage, including but not limited to an agency choosing to stop 51 servicing an area that is not otherwise served by an agency, shall 52 require review and approval by the department prior to implementation. 53 Such modifications shall be submitted in writing to the department no 54 less than one hundred eighty days before the proposed effective date of 55 the county plans.S. 3007 69 A. 3007 1 (c) The county plan shall designate a primary responding emergency 2 medical services agency or agencies responsible for responding to 3 requests for emergency medical services within each part of the county. 4 No emergency medical services agency designated in the county plan, may 5 refuse to respond to a request for service within their primary response 6 area or as listed in the plan unless they can prove, to the satisfaction 7 of the department, that they are unable to respond because of capacity 8 limitations. 9 (d) The county plan shall incorporate all ambulance services that hold 10 a valid ambulance service certificate and have any designated geographic 11 area within the county listed as primary territory on the operating 12 certificate issued by the department. 13 (e) No county shall remove or reassign an area served by an existing 14 emergency medical services agency where such emergency medical services 15 agency is compliant with all statutory and regulatory requirements, and 16 has agreed to participate in the provision of the approved county plan. 17 (f) The county plan shall incorporate findings from the emergency 18 medical community assessment program, as described in section three 19 thousand nineteen of this article, to identify opportunities for 20 improvement, prioritize resource allocation, and determine additional 21 needs for emergency medical services within the county. 22 (g) The county plan shall include any findings which demonstrate a 23 public need for additional emergency medical services based on the 24 considerations outlined in section three thousand eight of this article. 25 Such findings shall be submitted to the regional emergency medical 26 services council and the state emergency medical services council to 27 provide recommendations and inform decisions related to regional deter- 28 minations of public need. 29 § 5. The opening paragraph of subdivision 1 of section 122-b of the 30 general municipal law, as amended by chapter 471 of the laws of 2011, is 31 amended and a new paragraph (g) is added to read as follows: 32 [Any] General ambulance services are an essential service and a matter 33 of state concern. Every county, city, town [or] and village, acting 34 individually or jointly or in conjunction with a special district, [may35provide] shall ensure that an emergency medical service, a general ambu- 36 lance service or a combination of such services are provided for the 37 purpose of providing prehospital emergency medical treatment or trans- 38 porting sick or injured persons found within the boundaries of the muni- 39 cipality or the municipalities acting jointly to a hospital, clinic, 40 sanatorium or other place for treatment of such illness or injury, [and41for] provided, however, the provisions of this subdivision shall not 42 apply to a city with a population of one million or more. For purposes 43 of this section, "special district" shall have the same meaning as 44 "improvement districts" as defined in article twelve-a of the town law. 45 In furtherance of that purpose, a county, city, town or village may: 46 (g) Establish a special district for the financing and operation of 47 general ambulance services, including support for agencies currently 48 providing emergency medical services, as set forth by this section, 49 whereby any county, city, town or village, acting individually, or 50 jointly with any other county, city, town and/or village, through its 51 governing body or bodies, following applicable procedures as are 52 required for the establishment of fire districts in article eleven of 53 the town law or following applicable procedures as are required for the 54 establishment of joint fire districts in article eleven-A of the town 55 law, with such special district being authorized by this section to be 56 established in all or any part of any such participating county or coun-S. 3007 70 A. 3007 1 ties, town or towns, city or cities and/or village or villages; provided 2 that the term "town board", "town", or "commissioner", insofar as either 3 is used in article eleven or article eleven-A of the town law, shall 4 mean the legislative body of a village, city having a population less 5 than one million, and county outside of any such city, as applicable for 6 such village, city, and county to establish or extend a special district 7 or special improvement district as authorized under this section. 8 Notwithstanding any provision of this article, rule or regulation to the 9 contrary, any special district created under this section shall not 10 overlap with a pre-existing city, town or village ambulance district 11 unless such existing district is merged into the newly created district. 12 No city, town or village shall eliminate or dissolve a pre-existing 13 ambulance district without express approval and consent by the county to 14 assume responsibility for the emergency medical services previously 15 provided by such district. Such express county approval and consent 16 shall be adopted by resolution of the county legislative body, and the 17 resolution shall be filed with the Department of State. When a special 18 district is established pursuant to this article, the cities, towns, or 19 villages contained within the county shall not reduce current ambulance 20 funding without such changes being incorporated into the comprehensive 21 county emergency medical system plan. 22 § 6. Section 3000 of the public health law, as amended by chapter 804 23 of the laws of 1992, is amended to read as follows: 24 § 3000. Declaration of policy and statement of purpose. The furnishing 25 of medical assistance in an emergency is a matter of vital state concern 26 affecting the public health, safety and welfare. Emergency medical 27 services and ambulance services are essential services and shall be 28 available to every person in the state in a reliable manner. Prehospital 29 emergency medical care, other emergency medical services, the provision 30 of prompt and effective communication among ambulances and hospitals and 31 safe and effective care and transportation of the sick and injured are 32 essential public health services and shall be available to every person 33 in the state in a reliable manner. 34 It is the purpose of this article to promote the public health, safety 35 and welfare by providing for certification of all advanced life support 36 first response services and ambulance services; the creation of regional 37 emergency medical services councils; and a New York state emergency 38 medical services council to develop minimum training standards for 39 certified first responders, emergency medical technicians and advanced 40 emergency medical technicians and minimum equipment and communication 41 standards for advanced life support first response services and ambu- 42 lance services. 43 § 7. Subdivision 1 of section 3001 of public health law, as amended by 44 chapter 804 of the laws of 1992, is amended to read as follows: 45 1. "Emergency medical service" means [initial emergency medical46assistance including, but not limited to, the treatment of trauma,47burns, respiratory, circulatory and obstetrical emergencies.] a coordi- 48 nated system of medical response, including assessment, treatment, 49 transportation, emergency medical dispatch, medical direction, and emer- 50 gency medical services education that provides essential emergency and 51 non-emergency care and transportation for the ill and injured, while 52 supporting public health, emergency preparedness, and risk mitigation 53 through an organized and planned response system. 54 § 8. The public health law is amended by adding a new section 3003-c 55 to read as follows:S. 3007 71 A. 3007 1 § 3003-c. Emergency medical services demonstration programs. 1. The 2 purpose of this section is to promote innovation in emergency medical 3 services by enabling agencies and practitioners to develop and test 4 novel delivery models and care strategies that address the diverse needs 5 of their communities. This includes improving patient outcomes, system 6 efficiency, and cost-effectiveness, particularly in rural and under- 7 served regions. Demonstration programs may enhance the operational goals 8 of state and county emergency medical services plans and serve as models 9 for broader adoption statewide. 10 2. The commissioner is authorized to: 11 (a) approve emergency medical services demonstration programs that 12 align with the objectives of this section, ensuring that they address 13 regional needs and promote system-level improvements; 14 (b) provide financial support for these programs, subject to the 15 availability of appropriated funds; and 16 (c) grant narrowly tailored waivers for specific provisions of this 17 article, article thirty-A of this chapter, or applicable regulations, as 18 necessary to implement approved demonstration programs. Waivers shall 19 prioritize patient safety and the integrity of care delivery. 20 3. Emergency medical services demonstration programs shall be submit- 21 ted to the department for review and approval prior to implementation. 22 Proposals must include a detailed plan outlining program objectives, 23 operational details, anticipated outcomes, and mechanisms to ensure 24 patient safety and compliance with applicable laws and regulations. 25 Approved demonstration programs shall undergo periodic evaluation, 26 assessing metrics such as patient outcomes, system performance, and 27 cost-effectiveness, to ensure alignment with program goals and inform 28 potential statewide adoption. 29 4. Demonstration programs approved under this section shall not 30 include, overlap, or replicate services included in the community-based 31 paramedicine demonstration program as defined under section three thou- 32 sand eighteen of this article. 33 § 9. Section 3020 of the public health law is amended by adding a new 34 subdivision 3 to read as follows: 35 3. The department, in consultation with the state council, shall 36 establish standards for the licensure of emergency medical services 37 practitioners by the commissioner. Such standards shall align with 38 existing requirements for certification and shall not impose additional 39 burdens or requirements beyond those necessary to ensure competence and 40 public safety. The term "licensed" shall replace "certified" to reflect 41 the professional status of emergency medical services practitioners, 42 including but not limited to emergency medical technicians and advanced 43 emergency medical technicians. 44 § 10. This act shall take effect six months after it shall have become 45 a law. 46 PART S 47 Section 1. Section 4552 of the public health law, as added by section 48 1 of part M of chapter 57 of the laws of 2023, is amended to read as 49 follows: 50 § 4552. Notice of material transactions; requirements. 1. A health 51 care entity shall submit to the department written notice, with support- 52 ing documentation as described below and further defined in regulation 53 developed by the department, which the department shall be in receipt of 54 at least [thirty] sixty days before the closing date of the transaction,S. 3007 72 A. 3007 1 in the form and manner prescribed by the department. Immediately upon 2 the submission to the department, the department shall submit electronic 3 copies of such notice with supporting documentation to the antitrust, 4 health care and charities bureaus of the office of the New York attorney 5 general. Such written notice shall include, but not be limited to: 6 (a) The names of the parties to the material transaction and their 7 current addresses; 8 (b) Copies of any definitive agreements governing the terms of the 9 material transaction, including pre- and post-closing conditions; 10 (c) Identification of all locations where health care services are 11 currently provided by each party and the revenue generated in the state 12 from such locations; 13 (d) Any plans to reduce or eliminate services and/or participation in 14 specific plan networks; 15 (e) The closing date of the proposed material transaction; 16 (f) A brief description of the nature and purpose of the proposed 17 material transaction including: 18 (i) the anticipated impact of the material transaction on cost, quali- 19 ty, access, health equity, and competition in the impacted markets, 20 which may be supported by data and a formal market impact analysis; and 21 (ii) any commitments by the health care entity to address anticipated 22 impacts[.]; 23 (g) A statement as to whether any party to the transaction, or a 24 controlling person or parent company of such party, owns any other 25 health care entity which, in the past three years has closed operations, 26 is in the process of closing operations, or has experienced a substan- 27 tial reduction in services provided. The parties shall specifically 28 identify the health care entity or entities subject to such closure or 29 substantial service reduction and detail the circumstances of such; and 30 (h) A statement as to whether a sale-leaseback agreement or mortgage 31 or lease payments or other payments associated with real estate are a 32 component of the proposed transaction and if so, the parties shall 33 provide the proposed sale-leaseback agreement or mortgage, lease, or 34 real estate documents with the notice. 35 2. [(a) Except as provided in paragraph (b) of this subdivision,36supporting documentation as described in subdivision one of this section37shall not be subject to disclosure under article six of the public offi-38cers law.39(b)] During such [thirty-day] sixty-day period prior to the closing 40 date, the department shall post on its website: 41 [(i)] (a) a summary of the proposed transaction; 42 [(ii)] (b) an explanation of the groups or individuals likely to be 43 impacted by the transaction; 44 [(iii)] (c) information about services currently provided by the 45 health care entity, commitments by the health care entity to continue 46 such services and any services that will be reduced or eliminated; and 47 [(iv)] (d) details about how to submit comments, in a format that is 48 easy to find and easy to read. 49 3. (a) A health care entity that is a party to a material transaction 50 shall notify the department upon closing of the transaction in the form 51 and manner prescribed by the department. 52 (b) Annually, for a five-year period following closing of the trans- 53 action and on the date of such anniversary, parties to a material trans- 54 action shall notify the department, in the form and manner prescribed by 55 the department, of factors and metrics to assess the impacts of the 56 transaction on cost, quality, access, health equity, and competition.S. 3007 73 A. 3007 1 The department may require that any party to a transaction, including 2 any parents or subsidiaries thereof, submit additional documents and 3 information in connection with the annual report required under this 4 paragraph, to the extent such additional information is necessary to 5 assess the impacts of the transaction on cost, quality, access, health 6 equity, and competition or to verify or clarify information submitted in 7 support or as part of the annual report required under this paragraph. 8 Parties shall submit such information within twenty-one days of request. 9 4. (a) The department shall conduct a preliminary review of all 10 proposed transactions. Review of a material transaction notice may also, 11 at the discretion of the department, consist of a full cost and market 12 impact review. The department shall notify the parties if and when it 13 determines that a full cost and market impact review is required and, if 14 so, the date that the preliminary review is completed. 15 (b) In the event the department determines that a full cost and market 16 impact review is required, the department shall have discretion to 17 require parties to delay the proposed transaction closing until such 18 cost and market impact review is completed, but in no event shall the 19 closing be delayed more than one hundred eighty days from the date the 20 department completes its preliminary review of the proposed transaction. 21 (c) The department may assess on parties to a material transaction all 22 actual, reasonable, and direct costs incurred in reviewing and evaluat- 23 ing the notice. Any such fees shall be payable to the department within 24 fourteen days of notice of such assessment. 25 5. (a) The department may require that any party to a transaction, 26 including any parents or subsidiaries thereof, submit additional docu- 27 ments and information in connection with a material transaction notice 28 or a full cost and market impact review required under this section, to 29 the extent such additional information is necessary to conduct a prelim- 30 inary review of the transaction; to assess the impacts of the trans- 31 action on cost, quality, access, health equity, and competition; or to 32 verify or clarify information submitted pursuant to subdivision one of 33 this section. Parties shall submit such information within twenty-one 34 days of request. 35 (b) The department shall keep confidential all nonpublic information 36 and documents obtained under this subdivision and shall not disclose the 37 information or documents to any person without the consent of the 38 parties to the proposed transaction, except as set forth in paragraph 39 (c) of this subdivision. 40 (c) Any data reported to the department pursuant to subdivision three 41 of this section, any information obtained pursuant to paragraph (a) of 42 this subdivision, and any cost and market impact review findings made 43 pursuant to subdivision four of this section may be used as evidence in 44 investigations, reviews, or other actions by the department or the 45 office of the attorney general, including but not limited to use by the 46 department in assessing certificate of need applications submitted by 47 the same healthcare entities involved in the reported material trans- 48 action or unrelated parties which are located in the same market area 49 identified in the cost and market impact review. 50 6. Except as provided in subdivision two of this section, documenta- 51 tion, data, and information submitted to the department as described in 52 subdivisions one, three, and five of this section shall not be subject 53 to disclosure under article six of the public officers law. 54 7. The commissioner shall promulgate regulations to effectuate this 55 section.S. 3007 74 A. 3007 1 8. Failure to [notify the department of a material transaction under] 2 comply with any requirement of this section shall be subject to civil 3 penalties under section twelve of this chapter. Each day in which the 4 violation continues shall constitute a separate violation. 5 § 2. This act shall take effect one year after it shall have become a 6 law. Effective immediately, the addition, amendment and/or repeal of any 7 rule or regulation necessary for the implementation of this act on its 8 effective date are authorized to be made and completed on or before such 9 effective date. 10 PART T 11 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 12 section 2805-i of the public health law are relettered paragraphs (d), 13 (e), (f) and (g) and three new paragraphs (a), (b) and (c) are added to 14 read as follows: 15 (a) Maintaining the following full-time, part-time, contracted, or 16 on-call staff: 17 (1) One or more hospital sexual violence response coordinators who are 18 designated to ensure that the hospital's sexual violence response is 19 integrated within the hospital's clinical oversight and quality improve- 20 ment structure and to ensure chain of custody is maintained; 21 (2) Sexual assault forensic examiners sufficient to meet hospital 22 needs. Such individuals shall: 23 (i) be a registered professional nurse, certified nurse practitioner, 24 licensed physician assistant or licensed physician acting within their 25 lawful scope of practice and specially trained in forensic examination 26 of sexual offense victims and the preservation of forensic evidence in 27 such cases and certified as qualified to provide such services, pursuant 28 to regulations promulgated by the commissioner; and 29 (ii) have successfully completed a didactic and clinical training 30 course and post course preceptorship as appropriate to scope of practice 31 that aligns with guidance released by the commissioner. 32 (b) Ensuring that such sexual assault forensic examiners are on-call 33 and available on a twenty-four hour a day basis every day of the year; 34 (c) Ensuring that such sexual assault forensic examiners maintain 35 competency in providing sexual assault examinations; 36 § 2. Paragraph (a) of subdivision 13 of section 631 of the executive 37 law, as amended by section 3 of subpart S of part XX of chapter 55 of 38 the laws of 2020, is amended to read as follows: 39 (a) Notwithstanding any other provision of law, rule, or regulation to 40 the contrary, when any New York state accredited hospital, accredited 41 sexual assault examiner program, or licensed health care provider 42 furnishes services to any sexual assault survivor, including but not 43 limited to a health care forensic examination in accordance with the sex 44 offense evidence collection protocol and standards established by the 45 department of health, such hospital, sexual assault examiner program, or 46 licensed healthcare provider shall provide such services to the person 47 without charge and shall bill the office directly. The office, in 48 consultation with the department of health, shall define the specific 49 services to be covered by the sexual assault forensic exam reimbursement 50 fee, which must include at a minimum forensic examiner services, hospi- 51 tal or healthcare facility services related to the exam, and any neces- 52 sary related laboratory tests or pharmaceuticals; including but not 53 limited to HIV post-exposure prophylaxis provided by a hospital emergen- 54 cy room at the time of the forensic rape examination pursuant to para-S. 3007 75 A. 3007 1 graph [(c)] (f) of subdivision one of section twenty-eight hundred 2 five-i of the public health law. For a person eighteen years of age or 3 older, follow-up HIV post-exposure prophylaxis costs shall continue to 4 be reimbursed according to established office procedure. The office, in 5 consultation with the department of health, shall also generate the 6 necessary regulations and forms for the direct reimbursement procedure. 7 § 3. Paragraph (d) of subdivision 1 and paragraph (c) of subdivision 2 8 of section 2805-p of the public health law, as added by chapter 625 of 9 the laws of 2003, are amended to read as follows: 10 (d) "Rape survivor" or "survivor" shall mean any [female] person who 11 alleges or is alleged to have been raped and who presents as a patient. 12 (c) provide emergency contraception to such survivor, unless contrain- 13 dicated, upon [her] such survivor's request. No hospital may be required 14 to provide emergency contraception to a rape survivor who is pregnant. 15 § 4. This act shall take effect immediately and shall be deemed to 16 have been in full force and effect on and after April 1, 2025; provided, 17 however, that sections one and two of this act shall take effect October 18 1, 2025. 19 PART U 20 Section 1. Paragraph (g) of subdivision 2 of section 4100 of the 21 public health law is REPEALED. 22 § 2. Paragraphs (h) and (i) of subdivision 2 of section 4100 of the 23 public health law, paragraph (h) as added by chapter 545 of the laws of 24 1965 and paragraph (i) as added by chapter 690 of the laws of 1994, are 25 amended to read as follows: 26 [(h)] (g) prescribe and prepare the necessary methods and forms for 27 obtaining and preserving records and statistics of autopsies which are 28 conducted by a coroner or by a medical examiner, or by [his] their 29 order, within the state of New York, and shall require all those 30 performing such autopsies, for the purpose of determining the cause of 31 death or the means or manner of death, to enter upon such record the 32 pathological appearances and findings embodying such information as may 33 be prescribed, and to append thereto the diagnosis of the cause of death 34 and the means or manner of death[.]; and 35 [(i)] (h) upon notification by the division of criminal justice 36 services that a person who was born in the state is a missing child, 37 flag the certificate record of that person in such manner that whenever 38 a copy of the record is requested, [he or she] such person shall be 39 alerted to the fact that the record is that of a missing child. The 40 commissioner shall also notify the appropriate registrar to likewise 41 flag [his or her] their records. The commissioner or registrar shall 42 immediately report to the local law enforcement authority and the divi- 43 sion of criminal justice services any request concerning flagged birth 44 records or knowledge as to the whereabouts of any missing child. Upon 45 notification by the division of criminal justice services that the miss- 46 ing child has been recovered, the commissioner shall remove the flag 47 from the person's certificate record and shall notify any other previ- 48 ously notified registrar to remove the flag from [his or her] their 49 record. In the city of New York, the commissioner of the department of 50 health for the city of New York shall implement the requirements of this 51 paragraph. 52 § 3. Section 4104 of the public health law, as amended by chapter 491 53 of the laws of 2019, is amended to read as follows:S. 3007 76 A. 3007 1 § 4104. Vital statistics; application of article. The provisions of 2 this article except for the provisions contained in paragraph [(i)] (h) 3 of subdivision two and subdivision four of section four thousand one 4 hundred, section four thousand one hundred three, subdivision two of 5 section four thousand one hundred thirty-five, section four thousand one 6 hundred thirty-five-b, subdivision eight of section four thousand one 7 hundred seventy-four, paragraphs (b) and (e) of subdivision one, para- 8 graph (a) and (b) of subdivision three, and subdivisions five and eight 9 of section four thousand one hundred thirty-eight, subdivision eleven of 10 section four thousand one hundred thirty-eight-c, paragraph (b) of 11 subdivision three of section four thousand one hundred thirty-eight-d, 12 section four thousand one hundred thirty-eight-e and section four thou- 13 sand one hundred seventy-nine of this article, shall not apply to the 14 city of New York. 15 § 4. Subdivision (h) of section 4170 of the public health law, as 16 added by chapter 690 of the laws of 1994, is amended to read as follows: 17 (h) immediately notify the division of criminal justice services in 18 the event that a copy of a birth certificate or information concerning 19 the birth records of any person whose record is flagged pursuant to 20 paragraph [(i)] (h) of subdivision two of section four thousand one 21 hundred of this article is requested. In the event that a copy of the 22 birth certificate of a person whose record is so flagged is requested in 23 person, the registrar's personnel accepting the request shall immediate- 24 ly notify [his or her] their supervisor who shall notify the local law 25 enforcement agency and department in accordance with regulations promul- 26 gated by the department. The person making the request shall complete a 27 form as prescribed by the commissioner, which shall include the name, 28 address, telephone numbers and social security numbers of the person 29 making the request. A motor vehicle operator's license, or if such 30 license is not available, such other identification as the commissioner 31 determines to be satisfactory, shall be presented, photocopied and 32 returned to [him or her] them. When a copy of the birth certificate of a 33 person whose record has been flagged is requested in writing, the 34 registrar shall notify the local law enforcement agency and the depart- 35 ment in accordance with regulations promulgated by the department. 36 § 5. Subdivisions 2, 3, 8, and 9 of section 4174 of the public health 37 law, subdivisions 2 and 3 as amended by section 2 and subdivision 9 as 38 added by section 3 of part W2 of chapter 62 of the laws of 2003 and 39 subdivision 8 as added by chapter 690 of the laws of 1994, are amended 40 to read as follows: 41 2. Each applicant for a certification of birth or death, certificate 42 of birth data or for a certified copy or certified transcript of a birth 43 or death certificate or certificate of birth data shall remit to the 44 commissioner with such application a fee of [thirty] forty-five dollars 45 in payment for the search of the files and records and the furnishing of 46 a certification, certified copy or certified transcript if such record 47 is found or for a certification that a search discloses no record of a 48 birth or of a death. 49 3. [For any] Regarding requests to search [of the files and] vital 50 records [conducted] for authorized genealogical or research purposes[,51the commissioner or any person authorized by him shall be entitled to,52and the applicant shall pay, a fee of twenty dollars for each hour or53fractional part of an hour of time of search, together with a fee of two54dollars for each uncertified copy or abstract of such record requested55by the applicant or for a certification that a search discloses no56record.]:S. 3007 77 A. 3007 1 (a) Notwithstanding any contrary provision of law, the commissioner 2 shall have the authority to determine the means and methods by which the 3 following genealogical records may be released to an applicant meeting 4 the qualifications to receive the relevant record type as described in 5 this article or article three of the domestic relations law: (1) a 6 record of birth which has been on file for at least one hundred twenty- 7 five years, when the person to whom the record relates is known to be 8 deceased, (2) a record of death which has been on file for at least 9 seventy-five years, or (3) a record of marriage or dissolution of 10 marriage which has been on file for at least one hundred years, when 11 both parties to the marriage are known to be deceased. No such record or 12 abstract of such record shall be subject to disclosure under article six 13 of the public officers law. 14 (b) The commissioner or any person authorized by them shall have the 15 authority to approve a request for records sought for research purposes. 16 In the event that such approval is granted, the commissioner or any 17 person authorized by them shall be entitled to, and the applicant shall 18 pay, a fee of fifty dollars for each hour or fractional part of each 19 hour of time devoted to search or retrieval of records, together with a 20 fee of forty-five dollars for each uncertified copy or abstract of an 21 individual record or for a certification that a search discloses no 22 record. 23 8. The commissioner, the commissioner of health of the city of New 24 York, or any person authorized by the commissioner having jurisdiction 25 shall immediately notify the division of criminal justice services in 26 the event that a copy of a birth certificate or information concerning 27 the birth records of any person whose record is flagged pursuant to 28 paragraph [(i)] (h) of subdivision two of section four thousand one 29 hundred of this article is requested. In the event that a copy of the 30 birth certificate of a person whose record is so flagged is requested in 31 person, the personnel accepting the request shall immediately notify 32 [his or her] their supervisor. The person making the request shall 33 complete a form as prescribed by the commissioner or, in the city of New 34 York, the commissioner of health of the city of New York, which shall 35 include the name, address and telephone numbers and social security 36 number of the person making the request. A motor vehicle operator's 37 license, or if such license is not available, such other identification 38 as the commissioner, or in the city of New York, the commissioner of the 39 New York city department of health, determines to be satisfactory, of 40 the person making the request shall be presented, shall be photocopied 41 and returned to [him or her] them. The person receiving the request 42 shall note the physical description of the person making the request and 43 [his or her] their supervisor shall immediately notify the local law 44 enforcement authority as to the request and the information obtained 45 pursuant to this [subsection] subdivision. When a copy of the birth 46 certificate of a person whose record has been flagged is requested in 47 writing, the law enforcement authority having jurisdiction shall be 48 notified as to the request and shall be provided with a copy of the 49 written request. The registrar shall retain the original written 50 response. 51 9. The commissioner may institute an additional fee of [fifteen] thir- 52 ty dollars for priority handling for each certification, certified copy 53 or certified transcript of certificates of birth, death, or dissolution 54 of marriage; or [fifteen] thirty dollars for priority handling for each 55 certification, certified copy or certified transcript of certificate of 56 marriage.S. 3007 78 A. 3007 1 § 6. This act shall take effect immediately and shall be deemed to be 2 in full force and effect on and after April 1, 2025. 3 PART V 4 Section 1. This part enacts into law major components of legislation 5 relating to the scope of practice of certified nurse aides, medical 6 assistants, pharmacists, and pharmacy technicians. Each component is 7 wholly contained within a Subpart identified as Subparts A through F. 8 The effective date for each particular provision contained within such 9 Subpart is set forth in the last section of such Subpart. Any provision 10 in any section contained within a Subpart, including the effective date 11 of the Subpart, which makes reference to a section "of this act", when 12 used in connection with that particular component, shall be deemed to 13 mean and refer to the corresponding section of the Subpart in which it 14 is found. Section three of this Part sets forth the general effective 15 date of this Part. 16 SUBPART A 17 Section 1. Section 6908 of the education law is amended by adding a 18 new subdivision 3 to read as follows: 19 3. This article shall not be construed as prohibiting medication 20 related tasks provided by a certified medication aide working in a resi- 21 dential health care facility, as defined in section twenty-eight hundred 22 one of the public health law, in accordance with regulations developed 23 by the commissioner of health, in consultation with the commissioner. 24 The commissioner of health, in consultation with the commissioner, shall 25 adopt regulations governing certified medication aides that, at a mini- 26 mum, shall: 27 a. specify the medication-related tasks that may be performed by 28 certified medication aides pursuant to this subdivision. Such tasks 29 shall include the administration of medications which are routine and 30 pre-filled or otherwise packaged in a manner that promotes relative ease 31 of administration, provided that administration of medications by 32 injection, sterile procedures, and central line maintenance shall be 33 prohibited. Provided, however, such prohibition shall not apply to 34 injections of insulin or other injections for diabetes care, to 35 injections of low molecular weight heparin, and to pre-filled auto-in- 36 jections of naloxone and epinephrine for emergency purposes, and 37 provided, further, that entities employing certified medication aides 38 pursuant to this subdivision shall establish a systematic approach to 39 address drug diversion; 40 b. provide that medication-related tasks performed by certified medi- 41 cation aides may be performed only under appropriate supervision as 42 determined by the commissioner of health; 43 c. establish a process by which a registered professional nurse may 44 assign medication-related tasks to a certified medication aide. Such 45 process shall include, but not be limited to: 46 (i) allowing assignment of medication-related tasks to a certified 47 medication aide only where such certified medication aide has demon- 48 strated to the satisfaction of the supervising registered professional 49 nurse competency in every medication-related task that such certified 50 medication aide is authorized to perform, a willingness to perform such 51 medication-related tasks, and the ability to effectively and efficientlyS. 3007 79 A. 3007 1 communicate with the individual receiving services and understand such 2 individual's needs; 3 (ii) authorizing the supervising registered professional nurse to 4 revoke any assigned medication-related task from a certified medication 5 aide for any reason; and 6 (iii) authorizing multiple registered professional nurses to jointly 7 agree to assign medication-related tasks to a certified medication aide, 8 provided further that only one registered professional nurse shall be 9 required to determine if the certified medication aide has demonstrated 10 competency in the medication-related task to be performed; 11 d. provide that medication-related tasks may be performed only in 12 accordance with and pursuant to an authorized health practitioner's 13 ordered care; 14 e. provide that only a certified nurse aide may perform medication-re- 15 lated tasks as a certified medication aide when such aide has: 16 (i) a valid New York state nurse aide certificate; 17 (ii) a high school diploma, or its equivalent; 18 (iii) evidence of being at least eighteen years old; 19 (iv) at least one year of experience providing nurse aide services in 20 a residential health care facility licensed pursuant to article twenty- 21 eight of the public health law or a similarly licensed facility in 22 another state or United States territory; 23 (v) the ability to read, write, and speak English and to perform basic 24 math skills; 25 (vi) completed the requisite training and demonstrated competencies of 26 a certified medication aide as determined by the commissioner of health 27 in consultation with the commissioner; 28 (vii) successfully completed competency examinations satisfactory to 29 the commissioner of health in consultation with the commissioner; and 30 (viii) meets other appropriate qualifications as determined by the 31 commissioner of health in consultation with the commissioner; 32 f. prohibit a certified medication aide from holding themselves out, 33 or accepting employment as, a person licensed to practice nursing under 34 the provisions of this article; 35 g. provide that a certified medication aide is not required nor 36 permitted to assess the medication or medical needs of an individual; 37 h. provide that a certified medication aide shall not be authorized to 38 perform any medication-related tasks or activities pursuant to this 39 subdivision that are outside the scope of practice of a licensed practi- 40 cal nurse or any medication-related tasks that have not been appropri- 41 ately assigned by the supervising registered professional nurse; 42 i. provide that a certified medication aide shall document all medica- 43 tion-related tasks provided to an individual, including medication 44 administration to each individual through the use of a medication admin- 45 istration record; and 46 j. provide that the supervising registered professional nurse shall 47 retain the discretion to decide whether to assign medication-related 48 tasks to certified medication aides under this program and shall not be 49 subject to coercion, retaliation, or the threat of retaliation. 50 § 2. Section 6909 of the education law is amended by adding a new 51 subdivision 12 to read as follows: 52 12. A registered professional nurse, while working for a residential 53 health care facility licensed pursuant to article twenty-eight of the 54 public health law, may, in accordance with this subdivision, assign 55 certified medication aides to perform medication-related tasks for indi- 56 viduals pursuant to the provisions of subdivision three of sectionS. 3007 80 A. 3007 1 sixty-nine hundred eight of this article and supervise certified medica- 2 tion aides who perform assigned medication-related tasks. 3 § 3. Paragraph (a) of subdivision 3 of section 2803-j of the public 4 health law, as added by chapter 717 of the laws of 1989, is amended to 5 read as follows: 6 (a) Identification of individuals who have successfully completed a 7 nurse aide training and competency evaluation program, [or] a nurse aide 8 competency evaluation program, or a medication aide program; 9 § 4. The commissioner of health shall, in consultation with the 10 commissioner of education, issue a report on the implementation of 11 certified medication aides in residential care facilities in the state 12 two years after the effective date of this act. Such report shall 13 include the number of certified medication aides authorized pursuant to 14 this act; the impact, if any, that the introduction of certified medica- 15 tion aides had on workforce availability in residential care facilities 16 and/or the retention of registered nurses and/or licensed practical 17 nurses working in residential care facilities; the number of complaints 18 pertaining to services provided by certified medication aides that were 19 reported to the department of health; and the number of certified medi- 20 cation aides who had their authorization limited or revoked. Such report 21 shall provide recommendations to the governor and the chairs of the 22 senate and assembly health and higher education committees regarding the 23 implementation of certified medication aides pursuant to this act, and 24 any recommendations related thereto. 25 § 5. This act shall take effect on the one hundred eightieth day after 26 it shall have become a law and shall expire ten years following such 27 effective date when upon such date the provisions of this act shall 28 expire and be deemed repealed. 29 SUBPART B 30 Section 1. Section 6526 of the education law is amended by adding a 31 new subdivision 9-a to read as follows: 32 9-a. A medical assistant when drawing and administering an immuniza- 33 tion in an outpatient office setting under the direct supervision of a 34 physician or a physician assistant. 35 § 2. The public health law is amended by adding a new section 2113 to 36 read as follows: 37 § 2113. Administration of immunizations; medical assistants. Notwith- 38 standing any other law, rule, or regulation to the contrary, physicians 39 and physician assistants are hereby authorized to delegate the task of 40 drawing up and administering immunizations to medical assistants in 41 outpatient office settings provided such immunizations are recommended 42 by the advisory committee for immunization practices (ACIP) of the 43 Centers for Disease Control and Prevention; and provided further that 44 medical assistants receive appropriate training and adequate supervision 45 determined pursuant to regulations by the commissioner in consultation 46 with the commissioner of education. 47 § 3. This act shall take effect on the one hundred eightieth day after 48 it shall have become a law. Effective immediately, the addition, amend- 49 ment and/or repeal of any rule or regulation necessary for the implemen- 50 tation of this act on its effective date are authorized to be made and 51 completed on or before such effective date. 52 SUBPART CS. 3007 81 A. 3007 1 Section 1. Paragraph (a) and (b) of subdivision 7 of section 6527 of 2 the education law, as amended by chapter 555 of the laws of 2021, are 3 amended to read as follows: 4 (a) administering immunizations to prevent influenza and COVID-19 to 5 patients two years of age or older; and (b) administering immunizations 6 to prevent pneumococcal, acute herpes zoster, hepatitis A, hepatitis B, 7 human papillomavirus, measles, mumps, rubella, varicella, [COVID-19,] 8 meningococcal, tetanus, diphtheria or pertussis disease and medications 9 required for emergency treatment of anaphylaxis to patients eighteen 10 years of age or older; and 11 § 2. Paragraph (b) of subdivision 4 of section 6801 of the education 12 law, as amended by section 1 of part DD of chapter 57 of the laws of 13 2018, is amended to read as follows: 14 (b) education materials on influenza and COVID-19 vaccinations for 15 children as determined by the commissioner and the commissioner of 16 health. 17 § 3. Subparagraph 2 of paragraph (a) of subdivision 22 of section 6802 18 of the education law, as amended by chapter 802 of the laws of 2022, is 19 amended to read as follows: 20 (2) the direct application of an immunizing agent to children between 21 the ages of two and eighteen years of age, whether by injection, inges- 22 tion, inhalation or any other means, pursuant to a patient specific 23 order or non-patient specific regimen prescribed or ordered by a physi- 24 cian or certified nurse practitioner, for immunization to prevent influ- 25 enza and COVID-19 and medications required for emergency treatment of 26 anaphylaxis resulting from such immunization. If the commissioner of 27 health determines that there is an outbreak of influenza or COVID-19, or 28 that there is the imminent threat of an outbreak of influenza or COVID- 29 19, then the commissioner of health may issue a non-patient specific 30 regimen applicable statewide. 31 § 4. Paragraphs (a) and (b) of subdivision 7 of section 6909 of the 32 education law, as amended by chapter 555 of the laws of 2021, are 33 amended to read as follows: 34 (a) administering immunizations to prevent influenza and COVID-19 to 35 patients two years of age or older; and (b) administering immunizations 36 to prevent pneumococcal, acute herpes zoster, hepatitis A, hepatitis B, 37 human papillomavirus, measles, mumps, rubella, varicella, [COVID-19,] 38 meningococcal, tetanus, diphtheria or pertussis disease and medications 39 required for emergency treatment of anaphylaxis to patients eighteen 40 years of age or older; and 41 § 5. Subdivision 1 of section 6841 of the education law, as added by 42 chapter 414 of the laws of 2019, is amended to read as follows: 43 1. (a) A registered pharmacy technician may, under the direct personal 44 supervision of a licensed pharmacist, assist such licensed pharmacist, 45 as directed, in compounding, preparing, labeling, or dispensing of drugs 46 used to fill valid prescriptions or medication orders or in compounding, 47 preparing, and labeling in anticipation of a valid prescription or medi- 48 cation order for a patient to be served by the facility, in accordance 49 with article one hundred thirty-seven of this title where such tasks 50 require no professional judgment. Such professional judgment shall only 51 be exercised by a licensed pharmacist. A registered pharmacy technician 52 may administer the same immunizations as licensed pharmacists are 53 authorized to administer under the direct supervision of a licensed 54 pharmacist consistent with the training and other requirements in arti- 55 cle one hundred thirty-seven of this title. A registered pharmacy tech- 56 nician may only practice in a facility licensed in accordance with arti-S. 3007 82 A. 3007 1 cle twenty-eight of the public health law, or a pharmacy owned and 2 operated by such a facility, under the direct personal supervision of a 3 licensed pharmacist employed in such a facility or pharmacy. Such facil- 4 ity shall be responsible for ensuring that the registered pharmacy tech- 5 nician has received appropriate training, in accordance with paragraph 6 (b) of this subdivision, to ensure competence before [he or she] such 7 registered pharmacy technician begins assisting a licensed pharmacist in 8 compounding, administering immunizations, preparing, labeling, or 9 dispensing of drugs, in accordance with this article and article one 10 hundred thirty-seven of this title. For the purposes of this article, 11 direct personal supervision means supervision of procedures based on 12 instructions given directly by a supervising licensed pharmacist who 13 remains in the immediate area where the procedures are being performed, 14 authorizes the procedures and evaluates the procedures performed by the 15 registered pharmacy technicians and a supervising licensed pharmacist 16 shall approve all work performed by the registered pharmacy technician 17 prior to the actual dispensing of any drug. 18 (b) No registered pharmacy technician shall administer immunizing 19 agents without receiving training satisfactory to the commissioner, in 20 consultation with the commissioner of health, as prescribed in regu- 21 lations of the commissioner, which shall include, but not be limited to: 22 techniques for screening individuals and obtaining informed consent; 23 techniques of administration; indications, precautions, and contraindi- 24 cations in the use of an agent or agents; recordkeeping of immunization 25 and information; and handling emergencies, including anaphylaxis and 26 needlestick injuries. The registered pharmacy technician and the facili- 27 ty shall maintain documentation that the registered pharmacy technician 28 has completed the required training, pursuant to regulations of the 29 commissioner. 30 § 6. This act shall take effect immediately and shall be deemed to 31 have been in full force and effect on and after April 1, 2025. 32 SUBPART D 33 Section 1. Section 6801 of the education law is amended by adding a 34 new subdivision 10 to read as follows: 35 10. A licensed pharmacist within their lawful scope of practice may 36 prescribe and order medications to treat nicotine dependence approved by 37 the federal food and drug administration for smoking cessation. 38 § 2. This act shall take effect nine months after it shall have become 39 a law. 40 SUBPART E 41 Section 1. Notwithstanding any other provision of law, rule, or regu- 42 lation to the contrary, the following articles of title 8 of the educa- 43 tion law governing the healthcare professions are hereby REPEALED and 44 all removed provisions, and all powers authorized pursuant to such 45 provisions, are hereby added to the public health law under the authori- 46 ty of the commissioner of health, pursuant to a plan to be proposed not 47 inconsistent with this section, which shall include the text of the new 48 laws to be adopted. 49 Article 131 MEDICINE 50 Article 131-A DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE TO 51 PHYSICIANS, PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS 52 Article 131-B PHYSICIAN ASSISTANTSS. 3007 83 A. 3007 1 Article 131-C SPECIALIST ASSISTANTS 2 § 2. Transfer of functions, powers, duties and obligations. Notwith- 3 standing any inconsistent provisions of law to the contrary, effective 4 January 1, 2026, all functions, powers, duties and obligations of the 5 education department concerning the professions of medicine, physicians, 6 physician assistants, and specialist assistants under title 8 of the 7 education law shall be transferred to the New York state department of 8 health. 9 § 3. Transfer of records. All books, papers and property of the state 10 education department with respect to the functions, powers and duties 11 transferred by sections one through nine of this act are to be delivered 12 to the appropriate offices within the department of health, at such 13 place and time, and in such manner as the department of health requires. 14 § 4. Continuity of authority. For the purpose of all functions, 15 powers, duties and obligations of the state education department trans- 16 ferred to and assumed by the department of health, the department of 17 health shall continue the operation of the provisions previously done by 18 the state education department, pursuant to sections one through ten of 19 this act. 20 § 5. Completion of unfinished business. Any business or other matter 21 undertaken or commenced by the state education department pertaining to 22 or connected with the functions, powers, duties and obligations hereby 23 transferred and assigned to the department of health and pending on the 24 effective date of January 1, 2026 shall be conducted and completed by 25 the department of health in the same manner and under the same terms and 26 conditions and with the same effect as if conducted and completed by the 27 state education department. 28 § 6. Continuation of rules and regulations. All rules, regulations, 29 acts, orders, determinations, and decisions of the state education 30 department in force at the time of such transfer and assumption, shall 31 continue in force and effect as rules, regulations, acts, orders, deter- 32 minations and decisions of the department of health until duly modified 33 or abrogated by the department of health. 34 § 7. Terms occurring in laws, contracts and other documents. When- 35 ever the state education department is referred to or designated in any 36 law, contract or document pertaining to the functions, powers, obli- 37 gations and duties hereby transferred and assigned, such reference or 38 designation shall be deemed to refer to department of health or the 39 commissioner thereof. 40 § 8. Existing rights and remedies preserved. No existing right or 41 remedy of any character shall be lost, impaired or affected by reason of 42 sections one through ten of this act. 43 § 9. Pending actions or proceedings. No action or proceeding pending 44 at the time when sections one through ten of this act shall take effect 45 relating to the functions, powers and duties of the state education 46 department transferred pursuant to sections one through eight of this 47 act, brought by or against the state education department or board of 48 regents shall be affected by any provision of this act, but the same may 49 be prosecuted or defended in the name of the commissioner of the depart- 50 ment of health. In all such actions and proceedings, the commissioner of 51 health, upon application to the court, shall be substituted as a party. 52 § 10. Transfer of appropriations heretofore made to the state educa- 53 tion department. Upon the transfer pursuant to sections one through nine 54 of this act of the functions and powers possessed by and of the obli- 55 gations and duties of the education department, all appropriations and 56 reappropriations which shall have been made available as of the date ofS. 3007 84 A. 3007 1 such transfer to the education department, or segregated pursuant to 2 law, to the extent of remaining unexpended or unencumbered balances 3 thereof, whether allocated or unallocated and whether obligated or unob- 4 ligated, shall be transferred to and made available for use and expendi- 5 ture by the department of health and shall be payable on vouchers certi- 6 fied or approved by the commissioner of taxation and finance, on audit 7 and warrant of the comptroller. Payments of liabilities for expenses of 8 personnel services, maintenance and operation which shall have been 9 incurred as of the date of such transfer by the education department, 10 and for liabilities incurred and to be incurred in completing its 11 affairs, shall also be made on vouchers certified or approved by the 12 commissioner of education on audit and warrant of the comptroller. 13 § 11. This act shall take effect January 1, 2026. 14 SUBPART F 15 Section 1. Section 6542 of the education law, as amended by chapter 16 520 of the laws of 2024, is amended to read as follows: 17 § 6542. Performance of medical services. 1. Notwithstanding any other 18 provision of law, a physician assistant may perform medical services, 19 but only when under the supervision of a physician and only when such 20 acts and duties as are assigned to such physician assistant are within 21 the scope of practice of such supervising physician unless otherwise 22 permitted by this section. 23 1-a. (a) A physician assistant may practice without the supervision of 24 a physician under the following circumstances: 25 (i) Where the physician assistant, licensed under section sixty-five 26 hundred forty-one of this article has practiced for more than eight 27 thousand hours within the same or a substantially similar specialty that 28 the physician assistant seeks to practice in without supervision; and 29 (A) is practicing in primary care. For purposes of this clause, "primary 30 care" shall mean non-surgical care in the fields of general pediatrics, 31 general adult medicine, general geriatric medicine, general internal 32 medicine, obstetrics and gynecology, family medicine, or such other 33 related areas as determined by the commissioner of health; or (B) is 34 employed by a health system or hospital established under article twen- 35 ty-eight of the public health law, and the health system or hospital 36 determines the physician assistant meets the qualifications of the 37 medical staff bylaws and the health system or hospital gives the physi- 38 cian assistant privileges; and 39 (ii) Where a physician assistant licensed under section sixty-five 40 hundred forty-one of this article has completed a program approved by 41 the department of health, in consultation with the department, when such 42 services are performed within the scope of such program. 43 (b) The department and the department of health are authorized to 44 promulgate and update regulations pursuant to this section. 45 (c) In the event that a physician assistant seeks to practice in a 46 substantially different specialty, the physician assistant shall 47 complete at least eight thousand hours of practice in such new specialty 48 before such physician assistant may practice without physician super- 49 vision pursuant to subdivision (a) of this section. 50 2. [Supervision] Where supervision is required by this section, it 51 shall be continuous but shall not be construed as necessarily requiring 52 the physical presence of the supervising physician at the time and place 53 where such services are performed.S. 3007 85 A. 3007 1 3. [No physician shall employ or supervise more than six physician2assistants in such physician's private practice at one time.34.] Nothing in this article shall prohibit a hospital from employing 4 physician assistants, provided that they [work under the supervision of5a physician designated by the hospital and not beyond the scope of prac-6tice of such physician. The numerical limitation of subdivision three of7this section shall not apply to services performed in a hospital.85. Notwithstanding any other provision of this article, nothing shall9prohibit a physician employed by or rendering services to the department10of corrections and community supervision under contract from supervising11no more than eight physician assistants in such physician's practice for12the department of corrections and community supervision at one time.136. Notwithstanding any other provision of law, a trainee in an14approved program may perform medical services when such services are15performed within the scope of such program] meet the qualifications of 16 the medical staff bylaws and are given privileges and otherwise meet the 17 requirements of this section. 18 [7.] 4. A physician assistant shall be authorized to prescribe, 19 dispense, order, administer, or procure items necessary to commence or 20 complete a course of therapy. 21 5. A physician assistant may prescribe and order a patient specific 22 order or non-patient specific regimen to a licensed pharmacist or regis- 23 tered professional nurse, pursuant to regulations promulgated by the 24 commissioner of health, and consistent with the public health law, for 25 administering immunizations. Nothing in this subdivision shall authorize 26 unlicensed persons to administer immunizations, vaccines or other drugs. 27 6. A physician assistant may prescribe and order a non-patient specif- 28 ic regimen to a registered professional nurse, pursuant to regulations 29 promulgated by the commissioner, and consistent with the public health 30 law, for: 31 (a) administering immunizations. 32 (b) the emergency treatment of anaphylaxis. 33 (c) administering purified protein derived (PPD) tests or other tests 34 to detect or screen for tuberculosis infections. 35 (d) administering tests to determine the presence of the human immuno- 36 deficiency virus. 37 (e) administering tests to determine the presence of the hepatitis C 38 virus. 39 (f) the urgent or emergency treatment of opioid related overdose or 40 suspected opioid related overdose. 41 (g) screening of persons at increased risk of syphilis, gonorrhea, and 42 chlamydia. 43 (h) administering electrocardiogram tests to detect signs and symptoms 44 of acute coronary syndrome. 45 (i) administering point-of-care blood glucose tests to evaluate acute 46 mental status changes in persons with suspected hypoglycemia. 47 (j) administering tests and intravenous lines to persons that meet 48 severe sepsis and septic shock criteria. 49 (k) administering tests to determine pregnancy. 50 (l) administering tests to determine the presence of COVID-19 or its 51 antibodies or influenza virus. 52 [8.] 7. Nothing in this article, or in article thirty-seven of the 53 public health law, shall be construed to authorize physician assistants 54 to perform those specific functions and duties specifically delegated by 55 law to those persons licensed as allied health professionals under the 56 public health law or this chapter.S. 3007 86 A. 3007 1 § 2. Subdivision 1 of section 3701 of the public health law, as 2 amended by chapter 48 of the laws of 2012, is amended to read as 3 follows: 4 1. to promulgate regulations defining and restricting the duties 5 [which may be assigned to] of physician assistants [by their supervising6physician, the degree of supervision required and the manner in which7such duties may be performed] consistent with section sixty-five hundred 8 forty-two of the education law; 9 § 3. Section 3702 of the public health law, as amended by section 48 10 of the laws of 2012, and subdivision 1 as amended by chapter 520 of the 11 laws of 2024, is amended to read as follows: 12 § 3702. Special provisions. 1. Inpatient medical orders. A licensed 13 physician assistant employed or extended privileges by a hospital may, 14 if permissible under the bylaws, rules and regulations of the hospital, 15 write medical orders, including those for controlled substances and 16 durable medical equipment, for inpatients [under the care of the physi-17cian responsible for the supervision of such physician assistant. Coun-18tersignature of such orders may be required if deemed necessary and19appropriate by the supervising physician or the hospital, but in no20event shall countersignature be required prior to execution]. 21 2. Withdrawing blood. A licensed physician assistant or certified 22 nurse practitioner acting within [his or her] such physician assistant's 23 or certified nurse practitioner's lawful scope of practice may supervise 24 and direct the withdrawal of blood for the purpose of determining the 25 alcoholic or drug content therein under subparagraph one of paragraph 26 (a) of subdivision four of section eleven hundred ninety-four of the 27 vehicle and traffic law, notwithstanding any provision to the contrary 28 in clause (ii) of such subparagraph. 29 3. Prescriptions for controlled substances. A licensed physician 30 assistant, in good faith and acting within [his or her] such physician 31 assistant's lawful scope of practice, and to the extent assigned by [his32or her] the supervising physician as applicable under section sixty-five 33 hundred forty-two of the education law, may prescribe controlled 34 substances as a practitioner under article thirty-three of this chapter, 35 to patients under the care of such physician responsible for [his or36her] such physician assistant's supervision. The commissioner, in 37 consultation with the commissioner of education, may promulgate such 38 regulations as are necessary to carry out the purposes of this section. 39 § 4. Section 3703 of the public health law, as amended by chapter 48 40 of the laws of 2012, is amended to read as follows: 41 § 3703. Statutory construction. A physician assistant may perform any 42 function in conjunction with a medical service lawfully performed by the 43 physician assistant, in any health care setting, that a statute author- 44 izes or directs a physician to perform and that is appropriate to the 45 education, training and experience of the licensed physician assistant 46 and within the ordinary practice of the supervising physician, as appli- 47 cable pursuant to section sixty-five hundred forty-two of the education 48 law. This section shall not be construed to increase or decrease the 49 lawful scope of practice of a physician assistant under the education 50 law. 51 § 5. Paragraph a of subdivision 2 of section 902 of the education law, 52 as amended by chapter 376 of the laws of 2015, is amended to read as 53 follows: 54 a. The board of education, and the trustee or board of trustees of 55 each school district, shall employ, at a compensation to be agreed upon 56 by the parties, a qualified physician, a physician assistant, or a nurseS. 3007 87 A. 3007 1 practitioner to the extent authorized by the nurse practice act and 2 consistent with subdivision three of section six thousand nine hundred 3 two of this chapter, to perform the duties of the director of school 4 health services, including any duties conferred on the school physician 5 or school medical inspector under any provision of law, to perform and 6 coordinate the provision of health services in the public schools and to 7 provide health appraisals of students attending the public schools in 8 the city or district. The physicians, physician assistants, or nurse 9 practitioners so employed shall be duly licensed pursuant to applicable 10 law. 11 § 6. Subdivision 27 of section 3302 of the public health law, as 12 amended by chapter 92 of the laws of 2021, is amended to read as 13 follows: 14 27. "Practitioner" means: 15 A physician, physician assistant, dentist, podiatrist, veterinarian, 16 scientific investigator, or other person licensed, or otherwise permit- 17 ted to dispense, administer or conduct research with respect to a 18 controlled substance in the course of a licensed professional practice 19 or research licensed pursuant to this article. Such person shall be 20 deemed a "practitioner" only as to such substances, or conduct relating 21 to such substances, as is permitted by [his] their license, permit or 22 otherwise permitted by law. 23 § 7. This act shall take effect December 31, 2025; provided, however, 24 that if the provisions of chapter 520 of the laws of 2024 have taken 25 effect on or before such date, then sections one and three of this act 26 shall take effect on the same date and in the same manner as such chap- 27 ter of the laws of 2024 takes effect; and provided further, however, 28 that the amendments to paragraph (l) of subdivision 7 of section 6542 of 29 the education law made by section one of this act shall not affect the 30 repeal of such paragraph and shall be deemed repealed therewith. 31 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 32 sion, section, or subpart of this part shall be adjudged by any court of 33 competent jurisdiction to be invalid, such judgment shall not affect, 34 impair, or invalidate the remainder of that subpart or this part, but 35 shall be confined in its operation to the clause, sentence, paragraph, 36 subdivision, section, or subpart directly involved in the controversy in 37 which such judgment shall have been rendered. It is hereby declared to 38 be the intent of the legislature that this part and each subpart herein 39 would have been enacted even if such invalid provisions had not been 40 included herein. 41 § 3. This act shall take effect immediately and shall be deemed to 42 have been in full force and effect on and after April 1, 2025; provided, 43 however, that the applicable effective dates of Subparts A through F of 44 this act shall be as specifically set forth in the last section of such 45 Subparts. 46 PART W 47 Section 1. Article 170 of the education law is renumbered article 171 48 and a new article 170 is added to title 8 of the education law to read 49 as follows: 50 ARTICLE 170 51 NURSE LICENSURE COMPACT 52 Section 8900. Nurse licensure compact. 53 8901. Findings and declaration of purpose. 54 8902. Definitions.S. 3007 88 A. 3007 1 8903. General provisions and jurisdiction. 2 8904. Applications for licensure in a party state. 3 8905. Additional authorities invested in party state licensing 4 boards. 5 8906. Coordinated licensure information system and exchange of 6 information. 7 8907. Establishment of the interstate commission of nurse licen- 8 sure compact administrators. 9 8908. Rulemaking. 10 8909. Oversight, dispute resolution and enforcement. 11 8910. Effective date, withdrawal and amendment. 12 8911. Construction and severability. 13 § 8900. Nurse licensure compact. The nurse license compact as set 14 forth in the article is hereby adopted and entered into with all party 15 states joining therein. 16 § 8901. Findings and declaration of purpose 1. Findings. The party 17 states find that: 18 a. The health and safety of the public are affected by the degree of 19 compliance with and the effectiveness of enforcement activities related 20 to state nurse licensure laws; 21 b. Violations of nurse licensure and other laws regulating the prac- 22 tice of nursing may result in injury or harm to the public; 23 c. The expanded mobility of nurses and the use of advanced communi- 24 cation technologies as part of our nation's health care delivery system 25 require greater coordination and cooperation among states in the areas 26 of nurse licensure and regulation; 27 d. New practice modalities and technology make compliance with indi- 28 vidual state nurse licensure laws difficult and complex; 29 e. The current system of duplicative licensure for nurses practicing 30 in multiple states is cumbersome and redundant for both nurses and 31 states; and 32 f. Uniformity of nurse licensure requirements throughout the states 33 promotes public safety and public health benefits. 34 2. Declaration of purpose. The general purposes of this compact are 35 to: 36 a. Facilitate the states' responsibility to protect the public's 37 health and safety; 38 b. Ensure and encourage the cooperation of party states in the areas 39 of nurse licensure and regulation; 40 c. Facilitate the exchange of information between party states in the 41 areas of nurse regulation, investigation and adverse actions; 42 d. Promote compliance with the laws governing the practice of nursing 43 in each jurisdiction; 44 e. Invest all party states with the authority to hold a nurse account- 45 able for meeting all state practice laws in the state in which the 46 patient is located at the time care is rendered through the mutual 47 recognition of party state licenses; 48 f. Decrease redundancies in the consideration and issuance of nurse 49 licenses; and 50 g. Provide opportunities for interstate practice by nurses who meet 51 uniform licensure requirements. 52 § 8902. Definitions. 1. Definitions. As used in this compact: 53 a. "Adverse action" means any administrative, civil, equitable or 54 criminal action permitted by a state's laws which is imposed by a 55 licensing board or other authority against a nurse, including actions 56 against an individual's license or multistate licensure privilege suchS. 3007 89 A. 3007 1 as revocation, suspension, probation, monitoring of the licensee, limi- 2 tation on the licensee's practice, or any other encumbrance on licensure 3 affecting a nurse's authorization to practice, including issuance of a 4 cease and desist action. 5 b. "Alternative program" means a non-disciplinary monitoring program 6 approved by a licensing board. 7 c. "Coordinated licensure information system" means an integrated 8 process for collecting, storing and sharing information on nurse licen- 9 sure and enforcement activities related to nurse licensure laws that is 10 administered by a nonprofit organization composed of and controlled by 11 licensing boards. 12 d. "Commission" means the interstate commission of nurse licensure 13 compact administrators. 14 e. "Current significant investigative information" means: 15 1. Investigative information that a licensing board, after a prelimi- 16 nary inquiry that includes notification and an opportunity for the nurse 17 to respond, if required by state law, has reason to believe is not 18 groundless and, if proved true, would indicate more than a minor infrac- 19 tion; or 20 2. Investigative information that indicates that the nurse represents 21 an immediate threat to public health and safety regardless of whether 22 the nurse has been notified and had an opportunity to respond. 23 f. "Encumbrance" means a revocation or suspension of, or any limita- 24 tion on, the full and unrestricted practice of nursing imposed by a 25 licensing board. 26 g. "Home state" means the party state which is the nurse's primary 27 state of residence. 28 h. "Licensing board" means a party state's regulatory body responsible 29 for issuing nurse licenses. 30 i. "Multistate license" means a license to practice as a registered 31 nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), which 32 is issued by a home state licensing board, and which authorizes the 33 licensed nurse to practice in all party states under a multistate licen- 34 sure privilege. 35 j. "Multistate licensure privilege" means a legal authorization asso- 36 ciated with a multistate license permitting the practice of nursing as 37 either a RN or a LPN/VN in a remote state. 38 k. "Nurse" means RN or LPN/VN, as those terms are defined by each 39 party state's practice laws. 40 l. "Party state" means any state that has adopted this compact. 41 m. "Remote state" means a party state, other than the home state. 42 n. "Single-state license" means a nurse license issued by a party 43 state that authorizes practice only within the issuing state and does 44 not include a multistate licensure privilege to practice in any other 45 party state. 46 o. "State" means a state, territory or possession of the United States 47 and the District of Columbia. 48 p. "State practice laws" means a party state's laws, rules and regu- 49 lations that govern the practice of nursing, define the scope of nursing 50 practice, and create the methods and grounds for imposing discipline. 51 "State practice laws" shall not include requirements necessary to obtain 52 and retain a license, except for qualifications or requirements of the 53 home state. 54 § 8903. General provisions and jurisdiction. 1. General provisions and 55 jurisdiction. a. A multistate license to practice registered or licensed 56 practical/vocational nursing issued by a home state to a resident inS. 3007 90 A. 3007 1 that state will be recognized by each party state as authorizing a nurse 2 to practice as a registered nurse (RN) or as a licensed 3 practical/vocational nurse (LPN/VN), under a multistate licensure privi- 4 lege, in each party state. 5 b. A state shall implement procedures for considering the criminal 6 history records of applicants for an initial multistate license or 7 licensure by endorsement. Such procedures shall include the submission 8 of fingerprints or other biometric-based information by applicants for 9 the purpose of obtaining an applicant's criminal history record informa- 10 tion from the federal bureau of investigation and the agency responsible 11 for retaining that state's criminal records. 12 c. Each party state shall require its licensing board to authorize an 13 applicant to obtain or retain a multistate license in the home state 14 only if the applicant: 15 i. Meets the home state's qualifications for licensure or renewal of 16 licensure, and complies with all other applicable state laws; 17 ii. (1) Has graduated or is eligible to graduate from a licensing 18 board-approved RN or LPN/VN prelicensure education program; or 19 (2) Has graduated from a foreign RN or LPN/VN prelicensure education 20 program that has been: (A) approved by the authorized accrediting body 21 in the applicable country, and (B) verified by an independent creden- 22 tials review agency to be comparable to a licensing board-approved prel- 23 icensure education program; 24 iii. Has, if a graduate of a foreign prelicensure education program 25 not taught in English or if English is not the individual's native 26 language, successfully passed an English proficiency examination that 27 includes the components of reading, speaking, writing and listening; 28 iv. Has successfully passed an NCLEX-RN or NCLEX-PN examination or 29 recognized predecessor, as applicable; 30 v. Is eligible for or holds an active, unencumbered license; 31 vi. Has submitted, in connection with an application for initial 32 licensure or licensure by endorsement, fingerprints or other biometric 33 data for the purpose of obtaining criminal history record information 34 from the federal bureau of investigation and the agency responsible for 35 retaining that state's criminal records; 36 vii. Has not been convicted or found guilty, or has entered into an 37 agreed disposition, of a felony offense under applicable state or feder- 38 al criminal law; 39 viii. Has not been convicted or found guilty, or has entered into an 40 agreed disposition, of a misdemeanor offense related to the practice of 41 nursing as determined on a case-by-case basis; 42 ix. Is not currently enrolled in an alternative program; 43 x. Is subject to self-disclosure requirements regarding current 44 participation in an alternative program; and 45 xi. Has a valid United States social security number. 46 d. All party states shall be authorized, in accordance with existing 47 state due process law, to take adverse action against a nurse's multi- 48 state licensure privilege such as revocation, suspension, probation or 49 any other action that affects a nurse's authorization to practice under 50 a multistate licensure privilege, including cease and desist actions. If 51 a party state takes such action, it shall promptly notify the adminis- 52 trator of the coordinated licensure information system. The administra- 53 tor of the coordinated licensure information system shall promptly noti- 54 fy the home state of any such actions by remote states. 55 e. A nurse practicing in a party state shall comply with the state 56 practice laws of the state in which the client is located at the timeS. 3007 91 A. 3007 1 service is provided. The practice of nursing is not limited to patient 2 care but shall include all nursing practice as defined by the state 3 practice laws of the party state in which the client is located. The 4 practice of nursing in a party state under a multistate licensure privi- 5 lege will subject a nurse to the jurisdiction of the licensing board, 6 the courts and the laws of the party state in which the client is 7 located at the time service is provided. 8 f. Individuals not residing in a party state shall continue to be able 9 to apply for a party state's single-state license as provided under the 10 laws of each party state. However, the single-state license granted to 11 these individuals will not be recognized as granting the privilege to 12 practice nursing in any other party state. Nothing in this compact shall 13 affect the requirements established by a party state for the issuance of 14 a single-state license. 15 g. Any nurse holding a home state multistate license, on the effective 16 date of this compact, may retain and renew the multistate license issued 17 by the nurse's then-current home state, provided that: 18 i. A nurse, who changes primary state of residence after this 19 compact's effective date, shall meet all applicable requirements set 20 forth in this article to obtain a multistate license from a new home 21 state. 22 ii. A nurse who fails to satisfy the multistate licensure requirements 23 set forth in this article due to a disqualifying event occurring after 24 this compact's effective date shall be ineligible to retain or renew a 25 multistate license, and the nurse's multistate license shall be revoked 26 or deactivated in accordance with applicable rules adopted by the 27 commission. 28 § 8904. Applications for licensure in a party state. 1. Applications 29 for licensure in a party state. a. Upon application for a multistate 30 license, the licensing board in the issuing party state shall ascertain, 31 through the coordinated licensure information system, whether the appli- 32 cant has ever held, or is the holder of, a license issued by any other 33 state, whether there are any encumbrances on any license or multistate 34 licensure privilege held by the applicant, whether any adverse action 35 has been taken against any license or multistate licensure privilege 36 held by the applicant and whether the applicant is currently participat- 37 ing in an alternative program. 38 b. A nurse may hold a multistate license, issued by the home state, in 39 only one party state at a time. 40 c. If a nurse changes primary state of residence by moving between two 41 party states, the nurse must apply for licensure in the new home state, 42 and the multistate license issued by the prior home state will be deac- 43 tivated in accordance with applicable rules adopted by the commission. 44 i. The nurse may apply for licensure in advance of a change in primary 45 state of residence. 46 ii. A multistate license shall not be issued by the new home state 47 until the nurse provides satisfactory evidence of a change in primary 48 state of residence to the new home state and satisfies all applicable 49 requirements to obtain a multistate license from the new home state. 50 d. If a nurse changes primary state of residence by moving from a 51 party state to a non-party state, the multistate license issued by the 52 prior home state will convert to a single-state license, valid only in 53 the former home state. 54 § 8905. Additional authorities invested in party state licensing 55 boards. 1. Licensing board authority. In addition to the other powers 56 conferred by state law, a licensing board shall have the authority to:S. 3007 92 A. 3007 1 a. Take adverse action against a nurse's multistate licensure privi- 2 lege to practice within that party state. 3 i. Only the home state shall have the power to take adverse action 4 against a nurse's license issued by the home state. 5 ii. For purposes of taking adverse action, the home state licensing 6 board shall give the same priority and effect to reported conduct 7 received from a remote state as it would if such conduct had occurred 8 within the home state. In so doing, the home state shall apply its own 9 state laws to determine appropriate action. 10 b. Issue cease and desist orders or impose an encumbrance on a nurse's 11 authority to practice within that party state. 12 c. Complete any pending investigations of a nurse who changes primary 13 state of residence during the course of such investigations. The licens- 14 ing board shall also have the authority to take appropriate action or 15 actions and shall promptly report the conclusions of such investigations 16 to the administrator of the coordinated licensure information system. 17 The administrator of the coordinated licensure information system shall 18 promptly notify the new home state of any such actions. 19 d. Issue subpoenas for both hearings and investigations that require 20 the attendance and testimony of witnesses, as well as the production of 21 evidence. Subpoenas issued by a licensing board in a party state for the 22 attendance and testimony of witnesses or the production of evidence from 23 another party state shall be enforced in the latter state by any court 24 of competent jurisdiction, according to the practice and procedure of 25 that court applicable to subpoenas issued in proceedings pending before 26 it. The issuing authority shall pay any witness fees, travel expenses, 27 mileage and other fees required by the service statutes of the state in 28 which the witnesses or evidence are located. 29 e. Obtain and submit, for each nurse licensure applicant, fingerprint 30 or other biometric-based information to the federal bureau of investi- 31 gation for criminal background checks, receive the results of the feder- 32 al bureau of investigation record search on criminal background checks 33 and use the results in making licensure decisions. 34 f. If otherwise permitted by state law, recover from the affected 35 nurse the costs of investigations and disposition of cases resulting 36 from any adverse action taken against that nurse. 37 g. Take adverse action based on the factual findings of the remote 38 state, provided that the licensing board follows its own procedures for 39 taking such adverse action. 40 2. Adverse actions. a. If adverse action is taken by the home state 41 against a nurse's multistate license, the nurse's multistate licensure 42 privilege to practice in all other party states shall be deactivated 43 until all encumbrances have been removed from the multistate license. 44 All home state disciplinary orders that impose adverse action against a 45 nurse's multistate license shall include a statement that the nurse's 46 multistate licensure privilege is deactivated in all party states during 47 the pendency of the order. 48 b. Nothing in this compact shall override a party state's decision 49 that participation in an alternative program may be used in lieu of 50 adverse action. The home state licensing board shall deactivate the 51 multistate licensure privilege under the multistate license of any nurse 52 for the duration of the nurse's participation in an alternative program. 53 § 8906. Coordinated licensure information system and exchange of 54 information. 1. Coordinated licensure information system and exchange 55 of information. a. All party states shall participate in a coordinated 56 licensure information system of all licensed registered nurses (RNs) andS. 3007 93 A. 3007 1 licensed practical/vocational nurses (LPNs/VNs). This system will 2 include information on the licensure and disciplinary history of each 3 nurse, as submitted by party states, to assist in the coordination of 4 nurse licensure and enforcement efforts. 5 b. The commission, in consultation with the administrator of the coor- 6 dinated licensure information system, shall formulate necessary and 7 proper procedures for the identification, collection and exchange of 8 information under this compact. 9 c. All licensing boards shall promptly report to the coordinated 10 licensure information system any adverse action, any current significant 11 investigative information, denials of applications with the reasons for 12 such denials and nurse participation in alternative programs known to 13 the licensing board regardless of whether such participation is deemed 14 nonpublic or confidential under state law. 15 d. Current significant investigative information and participation in 16 nonpublic or confidential alternative programs shall be transmitted 17 through the coordinated licensure information system only to party state 18 licensing boards. 19 e. Notwithstanding any other provision of law, all party state licens- 20 ing boards contributing information to the coordinated licensure infor- 21 mation system may designate information that may not be shared with 22 non-party states or disclosed to other entities or individuals without 23 the express permission of the contributing state. 24 f. Any personally identifiable information obtained from the coordi- 25 nated licensure information system by a party state licensing board 26 shall not be shared with non-party states or disclosed to other entities 27 or individuals except to the extent permitted by the laws of the party 28 state contributing the information. 29 g. Any information contributed to the coordinated licensure informa- 30 tion system that is subsequently required to be expunged by the laws of 31 the party state contributing that information shall also be expunged 32 from the coordinated licensure information system. 33 h. The compact administrator of each party state shall furnish a 34 uniform data set to the compact administrator of each other party state, 35 which shall include, at a minimum: 36 i. Identifying information; 37 ii. Licensure data; 38 iii. Information related to alternative program participation; and 39 iv. Other information that may facilitate the administration of this 40 compact, as determined by commission rules. 41 i. The compact administrator of a party state shall provide all inves- 42 tigative documents and information requested by another party state. 43 § 8907. Establishment of the interstate commission of nurse licensure 44 compact administrators. 1. Commission of nurse licensure compact admin- 45 istrators. The party states hereby create and establish a joint public 46 entity known as the interstate commission of nurse licensure compact 47 administrators. The commission is an instrumentality of the party 48 states. 49 2. Venue. Venue is proper, and judicial proceedings by or against the 50 commission shall be brought solely and exclusively, in a court of compe- 51 tent jurisdiction where the principal office of the commission is 52 located. The commission may waive venue and jurisdictional defenses to 53 the extent it adopts or consents to participate in alternative dispute 54 resolution proceedings. 55 3. Sovereign immunity. Nothing in this compact shall be construed to 56 be a waiver of sovereign immunity.S. 3007 94 A. 3007 1 4. Membership, voting and meetings. a. Each party state shall have and 2 be limited to one administrator. The head of the state licensing board 3 or designee shall be the administrator of this compact for each party 4 state. Any administrator may be removed or suspended from office as 5 provided by the law of the state from which the administrator is 6 appointed. Any vacancy occurring in the commission shall be filled in 7 accordance with the laws of the party state in which the vacancy exists. 8 b. Each administrator shall be entitled to one vote with regard to the 9 promulgation of rules and creation of bylaws and shall otherwise have an 10 opportunity to participate in the business and affairs of the commis- 11 sion. An administrator shall vote in person or by such other means as 12 provided in the bylaws. The bylaws may provide for an administrator's 13 participation in meetings by telephone or other means of communication. 14 c. The commission shall meet at least once during each calendar year. 15 Additional meetings shall be held as set forth in the bylaws or rules of 16 the commission. 17 d. All meetings shall be open to the public, and public notice of 18 meetings shall be given in the same manner as required under the rule- 19 making provisions in section eighty-nine hundred eight of this article. 20 5. Closed meetings. a. The commission may convene in a closed, nonpub- 21 lic meeting if the commission shall discuss: 22 i. Noncompliance of a party state with its obligations under this 23 compact; 24 ii. The employment, compensation, discipline or other personnel 25 matters, practices or procedures related to specific employees or other 26 matters related to the commission's internal personnel practices and 27 procedures; 28 iii. Current, threatened or reasonably anticipated litigation; 29 iv. Negotiation of contracts for the purchase or sale of goods, 30 services or real estate; 31 v. Accusing any person of a crime or formally censuring any person; 32 vi. Disclosure of trade secrets or commercial or financial information 33 that is privileged or confidential; 34 vii. Disclosure of information of a personal nature where disclosure 35 would constitute a clearly unwarranted invasion of personal privacy; 36 viii. Disclosure of investigatory records compiled for law enforcement 37 purposes; 38 ix. Disclosure of information related to any reports prepared by or on 39 behalf of the commission for the purpose of investigation of compliance 40 with this compact; or 41 x. Matters specifically exempted from disclosure by federal or state 42 statute. 43 b. If a meeting, or portion of a meeting, is closed pursuant to this 44 paragraph the commission's legal counsel or designee shall certify that 45 the meeting may be closed and shall reference each relevant exempting 46 provision. The commission shall keep minutes that fully and clearly 47 describe all matters discussed in a meeting and shall provide a full and 48 accurate summary of actions taken, and the reasons therefor, including a 49 description of the views expressed. All documents considered in 50 connection with an action shall be identified in such minutes. All 51 minutes and documents of a closed meeting shall remain under seal, 52 subject to release by a majority vote of the commission or order of a 53 court of competent jurisdiction. 54 c. The commission shall, by a majority vote of the administrators, 55 prescribe bylaws or rules to govern its conduct as may be necessary orS. 3007 95 A. 3007 1 appropriate to carry out the purposes and exercise the powers of this 2 compact, including but not limited to: 3 i. Establishing the fiscal year of the commission; 4 ii. Providing reasonable standards and procedures: 5 (1) For the establishment and meetings of other committees; and 6 (2) Governing any general or specific delegation of any authority or 7 function of the commission; 8 iii. Providing reasonable procedures for calling and conducting meet- 9 ings of the commission, ensuring reasonable advance notice of all meet- 10 ings and providing an opportunity for attendance of such meetings by 11 interested parties, with enumerated exceptions designed to protect the 12 public's interest, the privacy of individuals, and proprietary informa- 13 tion, including trade secrets. The commission may meet in closed session 14 only after a majority of the administrators vote to close a meeting in 15 whole or in part. As soon as practicable, the commission must make 16 public a copy of the vote to close the meeting revealing the vote of 17 each administrator, with no proxy votes allowed; 18 iv. Establishing the titles, duties and authority and reasonable 19 procedures for the election of the officers of the commission; 20 v. Providing reasonable standards and procedures for the establishment 21 of the personnel policies and programs of the commission. Notwithstand- 22 ing any civil service or other similar laws of any party state, the 23 bylaws shall exclusively govern the personnel policies and programs of 24 the commission; and 25 vi. Providing a mechanism for winding up the operations of the commis- 26 sion and the equitable disposition of any surplus funds that may exist 27 after the termination of this compact after the payment or reserving of 28 all of its debts and obligations. 29 6. General provisions. a. The commission shall publish its bylaws and 30 rules, and any amendments thereto, in a convenient form on the website 31 of the commission. 32 b. The commission shall maintain its financial records in accordance 33 with the bylaws. 34 c. The commission shall meet and take such actions as are consistent 35 with the provisions of this compact and the bylaws. 36 7. Powers of the commission. The commission shall have the following 37 powers: 38 a. To promulgate uniform rules to facilitate and coordinate implemen- 39 tation and administration of this compact. The rules shall have the 40 force and effect of law and shall be binding in all party states; 41 b. To bring and prosecute legal proceedings or actions in the name of 42 the commission, provided that the standing of any licensing board to sue 43 or be sued under applicable law shall not be affected; 44 c. To purchase and maintain insurance and bonds; 45 d. To borrow, accept or contract for services of personnel, including, 46 but not limited to, employees of a party state or nonprofit organiza- 47 tions; 48 e. To cooperate with other organizations that administer state 49 compacts related to the regulation of nursing, including but not limited 50 to sharing administrative or staff expenses, office space or other 51 resources; 52 f. To hire employees, elect or appoint officers, fix compensation, 53 define duties, grant such individuals appropriate authority to carry out 54 the purposes of this compact, and to establish the commission's person- 55 nel policies and programs relating to conflicts of interest, qualifica- 56 tions of personnel and other related personnel matters;S. 3007 96 A. 3007 1 g. To accept any and all appropriate donations, grants and gifts of 2 money, equipment, supplies, materials and services, and to receive, 3 utilize and dispose of the same; provided that at all times the commis- 4 sion shall avoid any appearance of impropriety or conflict of interest; 5 h. To lease, purchase, accept appropriate gifts or donations of, or 6 otherwise to own, hold, improve or use, any property, whether real, 7 personal or mixed; provided that at all times the commission shall avoid 8 any appearance of impropriety; 9 i. To sell, convey, mortgage, pledge, lease, exchange, abandon or 10 otherwise dispose of any property, whether real, personal or mixed; 11 j. To establish a budget and make expenditures; 12 k. To borrow money; 13 l. To appoint committees, including advisory committees comprised of 14 administrators, state nursing regulators, state legislators or their 15 representatives, and consumer representatives, and other such interested 16 persons; 17 m. To provide and receive information from, and to cooperate with, law 18 enforcement agencies; 19 n. To adopt and use an official seal; and 20 o. To perform such other functions as may be necessary or appropriate 21 to achieve the purposes of this compact consistent with the state regu- 22 lation of nurse licensure and practice. 23 8. Financing of the commission. a. The commission shall pay, or 24 provide for the payment of, the reasonable expenses of its establish- 25 ment, organization and ongoing activities. 26 b. The commission may also levy on and collect an annual assessment 27 from each party state to cover the cost of its operations, activities 28 and staff in its annual budget as approved each year. The aggregate 29 annual assessment amount, if any, shall be allocated based upon a formu- 30 la to be determined by the commission, which shall promulgate a rule 31 that is binding upon all party states. 32 c. The commission shall not incur obligations of any kind prior to 33 securing the funds adequate to meet the same; nor shall the commission 34 pledge the credit of any of the party states, except by, and with the 35 authority of, such party state. 36 d. The commission shall keep accurate accounts of all receipts and 37 disbursements. The receipts and disbursements of the commission shall be 38 subject to the audit and accounting procedures established under its 39 bylaws. However, all receipts and disbursements of funds handled by the 40 commission shall be audited yearly by a certified or licensed public 41 accountant, and the report of the audit shall be included in and become 42 part of the annual report of the commission. 43 9. Qualified immunity, defense and indemnification. a. The administra- 44 tors, officers, executive director, employees and representatives of the 45 commission shall be immune from suit and liability, either personally or 46 in their official capacity, for any claim for damage to or loss of prop- 47 erty or personal injury or other civil liability caused by or arising 48 out of any actual or alleged act, error or omission that occurred, or 49 that the person against whom the claim is made had a reasonable basis 50 for believing occurred, within the scope of the commission's employment, 51 duties or responsibilities; provided that nothing in this paragraph 52 shall be construed to protect any such person from suit or liability for 53 any damage, loss, injury or liability caused by the intentional, willful 54 or wanton misconduct of that person. 55 b. The commission shall defend any administrator, officer, executive 56 director, employee or representative of the commission in any civilS. 3007 97 A. 3007 1 action seeking to impose liability arising out of any actual or alleged 2 act, error or omission that occurred within the scope of the commis- 3 sion's employment, duties or responsibilities, or that the person 4 against whom the claim is made had a reasonable basis for believing 5 occurred within the scope of the commission's employment, duties or 6 responsibilities; provided that nothing herein shall be construed to 7 prohibit that person from retaining such person's own counsel; and 8 provided further that the actual or alleged act, error or omission did 9 not result from that person's intentional, willful or wanton misconduct. 10 c. The commission shall indemnify and hold harmless any administrator, 11 officer, executive director, employee or representative of the commis- 12 sion for the amount of any settlement or judgment obtained against that 13 person arising out of any actual or alleged act, error or omission that 14 occurred within the scope of the commission's employment, duties or 15 responsibilities, or that such person had a reasonable basis for believ- 16 ing occurred within the scope of the commission's employment, duties or 17 responsibilities, provided that the actual or alleged act, error or 18 omission did not result from the intentional, willful or wanton miscon- 19 duct of that person. 20 § 8908. Rulemaking. 1. Rulemaking. a. The commission shall exercise 21 its rulemaking powers pursuant to the criteria set forth in this article 22 and the rules adopted thereunder. Rules and amendments shall become 23 binding as of the date specified in each rule or amendment and shall 24 have the same force and effect as provisions of this compact. 25 b. Rules or amendments to the rules shall be adopted at a regular or 26 special meeting of the commission. 27 2. Notice. a. Prior to promulgation and adoption of a final rule or 28 rules by the commission, and at least sixty days in advance of the meet- 29 ing at which the rule will be considered and voted upon, the commission 30 shall file a notice of proposed rulemaking: 31 i. On the website of the commission; and 32 ii. On the website of each licensing board or the publication in which 33 each state would otherwise publish proposed rules. 34 b. The notice of proposed rulemaking shall include: 35 i. The proposed time, date and location of the meeting in which the 36 rule will be considered and voted upon; 37 ii. The text of the proposed rule or amendment, and the reason for the 38 proposed rule; 39 iii. A request for comments on the proposed rule from any interested 40 person; and 41 iv. The manner in which interested persons may submit notice to the 42 commission of their intention to attend the public hearing and any writ- 43 ten comments. 44 c. Prior to adoption of a proposed rule, the commission shall allow 45 persons to submit written data, facts, opinions and arguments, which 46 shall be made available to the public. 47 3. Public hearings on rules. a. The commission shall grant an opportu- 48 nity for a public hearing before it adopts a rule or amendment. 49 b. The commission shall publish the place, time and date of the sched- 50 uled public hearing. 51 i. Hearings shall be conducted in a manner providing each person who 52 wishes to comment a fair and reasonable opportunity to comment orally or 53 in writing. All hearings will be recorded, and a copy will be made 54 available upon request.S. 3007 98 A. 3007 1 ii. Nothing in this section shall be construed as requiring a separate 2 hearing on each rule. Rules may be grouped for the convenience of the 3 commission at hearings required by this section. 4 c. If no one appears at the public hearing, the commission may proceed 5 with promulgation of the proposed rule. 6 d. Following the scheduled hearing date, or by the close of business 7 on the scheduled hearing date if the hearing was not held, the commis- 8 sion shall consider all written and oral comments received. 9 4. Voting on rules. The commission shall, by majority vote of all 10 administrators, take final action on the proposed rule and shall deter- 11 mine the effective date of the rule, if any, based on the rulemaking 12 record and the full text of the rule. 13 5. Emergency rules. Upon determination that an emergency exists, the 14 commission may consider and adopt an emergency rule without prior 15 notice, opportunity for comment or hearing, provided that the usual 16 rulemaking procedures provided in this compact and in this section shall 17 be retroactively applied to the rule as soon as reasonably possible, in 18 no event later than ninety days after the effective date of the rule. 19 For the purposes of this provision, an emergency rule is one that must 20 be adopted immediately in order to: 21 a. Meet an imminent threat to public health, safety or welfare; 22 b. Prevent a loss of the commission or party state funds; or 23 c. Meet a deadline for the promulgation of an administrative rule that 24 is required by federal law or rule. 25 6. Revisions. The commission may direct revisions to a previously 26 adopted rule or amendment for purposes of correcting typographical 27 errors, errors in format, errors in consistency or grammatical errors. 28 Public notice of any revisions shall be posted on the website of the 29 commission. The revision shall be subject to challenge by any person for 30 a period of thirty days after posting. The revision may be challenged 31 only on grounds that the revision results in a material change to a 32 rule. A challenge shall be made in writing, and delivered to the 33 commission, prior to the end of the notice period. If no challenge is 34 made, the revision will take effect without further action. If the 35 revision is challenged, the revision may not take effect without the 36 approval of the commission. 37 § 8909. Oversight, dispute resolution and enforcement. 1. Oversight. 38 a. Each party state shall enforce this compact and take all actions 39 necessary and appropriate to effectuate this compact's purposes and 40 intent. 41 b. The commission shall be entitled to receive service of process in 42 any proceeding that may affect the powers, responsibilities or actions 43 of the commission, and shall have standing to intervene in such a 44 proceeding for all purposes. Failure to provide service of process in 45 such proceeding to the commission shall render a judgment or order void 46 as to the commission, this compact or promulgated rules. 47 2. Default, technical assistance and termination. a. If the commission 48 determines that a party state has defaulted in the performance of its 49 obligations or responsibilities under this compact or the promulgated 50 rules, the commission shall: 51 i. Provide written notice to the defaulting state and other party 52 states of the nature of the default, the proposed means of curing the 53 default or any other action to be taken by the commission; and 54 ii. Provide remedial training and specific technical assistance 55 regarding the default.S. 3007 99 A. 3007 1 b. If a state in default fails to cure the default, the defaulting 2 state's membership in this compact may be terminated upon an affirmative 3 vote of a majority of the administrators, and all rights, privileges and 4 benefits conferred by this compact may be terminated on the effective 5 date of termination. A cure of the default does not relieve the offend- 6 ing state of obligations or liabilities incurred during the period of 7 default. 8 c. Termination of membership in this compact shall be imposed only 9 after all other means of securing compliance have been exhausted. Notice 10 of intent to suspend or terminate shall be given by the commission to 11 the governor of the defaulting state and to the executive officer of the 12 defaulting state's licensing board and each of the party states. 13 d. A state whose membership in this compact has been terminated is 14 responsible for all assessments, obligations and liabilities incurred 15 through the effective date of termination, including obligations that 16 extend beyond the effective date of termination. 17 e. The commission shall not bear any costs related to a state that is 18 found to be in default or whose membership in this compact has been 19 terminated unless agreed upon in writing between the commission and the 20 defaulting state. 21 f. The defaulting state may appeal the action of the commission by 22 petitioning the U.S. District Court for the District of Columbia or the 23 federal district in which the commission has its principal offices. The 24 prevailing party shall be awarded all costs of such litigation, includ- 25 ing reasonable attorneys' fees. 26 3. Dispute resolution. a. Upon request by a party state, the commis- 27 sion shall attempt to resolve disputes related to the compact that arise 28 among party states and between party and non-party states. 29 b. The commission shall promulgate a rule providing for both mediation 30 and binding dispute resolution for disputes, as appropriate. 31 c. In the event the commission cannot resolve disputes among party 32 states arising under this compact: 33 i. The party states may submit the issues in dispute to an arbitration 34 panel, which will be comprised of individuals appointed by the compact 35 administrator in each of the affected party states, and an individual 36 mutually agreed upon by the compact administrators of all the party 37 states involved in the dispute. 38 ii. The decision of a majority of the arbitrators shall be final and 39 binding. 40 4. Enforcement. a. The commission, in the reasonable exercise of its 41 discretion, shall enforce the provisions and rules of this compact. 42 b. By majority vote, the commission may initiate legal action in the 43 U.S. District Court for the District of Columbia or the federal 44 district in which the commission has its principal offices against a 45 party state that is in default to enforce compliance with the provisions 46 of this compact and its promulgated rules and bylaws. The relief sought 47 may include both injunctive relief and damages. In the event judicial 48 enforcement is necessary, the prevailing party shall be awarded all 49 costs of such litigation, including reasonable attorneys' fees. 50 c. The remedies herein shall not be the exclusive remedies of the 51 commission. The commission may pursue any other remedies available under 52 federal or state law. 53 § 8910. Effective date, withdrawal and amendment. 1. Effective date. 54 a. This compact shall become effective and binding on the earlier of 55 the date of legislative enactment of this compact into law by no less 56 than twenty-six states or the effective date of the chapter of the lawsS. 3007 100 A. 3007 1 of two thousand twenty-five that enacted this compact. Thereafter, the 2 compact shall become effective and binding as to any other compacting 3 state upon enactment of the compact into law by that state. All party 4 states to this compact, that also were parties to the prior nurse licen- 5 sure compact, superseded by this compact, (herein referred to as "prior 6 compact"), shall be deemed to have withdrawn from said prior compact 7 within six months after the effective date of this compact. 8 b. Each party state to this compact shall continue to recognize a 9 nurse's multistate licensure privilege to practice in that party state 10 issued under the prior compact until such party state has withdrawn from 11 the prior compact. 12 2. Withdrawal. a. Any party state may withdraw from this compact by 13 enacting a statute repealing the same. A party state's withdrawal shall 14 not take effect until six months after enactment of the repealing stat- 15 ute. 16 b. A party state's withdrawal or termination shall not affect the 17 continuing requirement of the withdrawing or terminated state's licens- 18 ing board to report adverse actions and significant investigations 19 occurring prior to the effective date of such withdrawal or termination. 20 c. Nothing contained in this compact shall be construed to invalidate 21 or prevent any nurse licensure agreement or other cooperative arrange- 22 ment between a party state and a non-party state that is made in accord- 23 ance with the other provisions of this compact. 24 3. Amendment. a. This compact may be amended by the party states. No 25 amendment to this compact shall become effective and binding upon the 26 party states unless and until it is enacted into the laws of all party 27 states. 28 b. Representatives of non-party states to this compact shall be 29 invited to participate in the activities of the commission, on a nonvot- 30 ing basis, prior to the adoption of this compact by all states. 31 § 8911. Construction and severability. 1. Construction and severabil- 32 ity. This compact shall be liberally construed so as to effectuate the 33 purposes thereof. The provisions of this compact shall be severable, and 34 if any phrase, clause, sentence or provision of this compact is declared 35 to be contrary to the constitution of any party state or of the United 36 States, or if the applicability thereof to any government, agency, 37 person or circumstance is held to be invalid, the validity of the 38 remainder of this compact and the applicability thereof to any govern- 39 ment, agency, person or circumstance shall not be affected thereby. If 40 this compact shall be held to be contrary to the constitution of any 41 party state, this compact shall remain in full force and effect as to 42 the remaining party states and in full force and effect as to the party 43 state affected as to all severable matters. 44 § 2. This act shall take effect immediately and shall be deemed to 45 have been in full force and effect on and after April 1, 2025. 46 PART X 47 Section 1. Section 6605-b of the education law, as added by chapter 48 437 of the laws of 2001 and subdivision 1 as amended by chapter 198 of 49 the laws of 2022, is amended to read as follows: 50 § 6605-b. Dental hygiene restricted local infiltration and block 51 anesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist 52 shall not administer or monitor nitrous oxide analgesia or local infil- 53 tration or block anesthesia in the practice of dental hygiene without a 54 dental hygiene restricted local infiltration and blockS. 3007 101 A. 3007 1 anesthesia/nitrous oxide analgesia certificate and except under the 2 personal supervision of a dentist and in accordance with regulations 3 promulgated by the commissioner. Personal supervision, for purposes of 4 this section, means that the supervising dentist remains in the dental 5 office where the local infiltration or block anesthesia or nitrous oxide 6 analgesia services are being performed, personally authorizes and 7 prescribes the use of local infiltration or block anesthesia or nitrous 8 oxide analgesia for the patient and, before dismissal of the patient, 9 personally examines the condition of the patient after the use of local 10 infiltration or block anesthesia or nitrous oxide analgesia is 11 completed. It is professional misconduct for a dentist to fail to 12 provide the supervision required by this section, and any dentist found 13 guilty of such misconduct under the procedures prescribed in section 14 sixty-five hundred ten of this title shall be subject to the penalties 15 prescribed in section sixty-five hundred eleven of this title. 16 2. The commissioner shall promulgate regulations establishing stand- 17 ards and procedures for the issuance of such certificate. Such standards 18 shall require completion of an educational program and/or course of 19 training or experience sufficient to ensure that a dental hygienist is 20 specifically trained in the administration and monitoring of nitrous 21 oxide analgesia and local infiltration or block anesthesia, the possible 22 effects of such use, and in the recognition of and response to possible 23 emergency situations. 24 3. The fee for a dental hygiene restricted local infiltration and 25 block anesthesia/nitrous oxide analgesia certificate shall be twenty- 26 five dollars and shall be paid on a triennial basis upon renewal of such 27 certificate. A certificate may be suspended or revoked in the same 28 manner as a license to practice dental hygiene. 29 § 2. Subdivision 1 of section 6606 of the education law, as amended by 30 chapter 239 of the laws of 2013, is amended to read as follows: 31 1. The practice of the profession of dental hygiene is defined as the 32 performance of dental services which shall include removing calcareous 33 deposits, accretions and stains from the exposed surfaces of the teeth 34 which begin at the epithelial attachment and applying topical agents 35 indicated for a complete dental prophylaxis, removing cement, placing or 36 removing rubber dam, removing sutures, placing matrix band, providing 37 patient education, applying topical medication, placing pre-fit ortho- 38 dontic bands, using light-cure composite material, taking cephalometric 39 radiographs, taking two-dimensional and three-dimensional photography of 40 dentition, adjusting removable appliances including nightguards, bleach- 41 ing trays, retainers and dentures, placing and exposing diagnostic 42 dental X-ray films, performing topical fluoride applications and topical 43 anesthetic applications, polishing teeth, taking medical history, chart- 44 ing caries, taking impressions for study casts, placing and removing 45 temporary restorations, administering and monitoring nitrous oxide 46 analgesia and administering and monitoring local infiltration and block 47 anesthesia, subject to certification in accordance with section sixty- 48 six hundred five-b of this article, and any other function in the defi- 49 nition of the practice of dentistry as may be delegated by a licensed 50 dentist in accordance with regulations promulgated by the commissioner. 51 The practice of dental hygiene may be conducted in the office of any 52 licensed dentist or in any appropriately equipped school or public 53 institution but must be done either under the supervision of a licensed 54 dentist or, in the case of a registered dental hygienist working for a 55 hospital as defined in article twenty-eight of the public health law[,] 56 or pursuant to a collaborative arrangement with a licensed and regis-S. 3007 102 A. 3007 1 tered dentist [who has a formal relationship with the same hospital] 2 pursuant to section sixty-six hundred seven-a of this article and in 3 accordance with regulations promulgated by the department in consulta- 4 tion with the department of health. [Such collaborative arrangement5shall not obviate or supersede any law or regulation which requires6identified services to be performed under the personal supervision of a7dentist. When dental hygiene services are provided pursuant to a colla-8borative agreement, such dental hygienist shall instruct individuals to9visit a licensed dentist for comprehensive examination or treatment.] 10 § 3. The education law is amended by adding a new section 6607-a to 11 read as follows: 12 § 6607-a. Practice of collaborative practice dental hygiene and use of 13 title "registered dental hygienist, collaborative practice" (RDH-CP). 1. 14 The practice of the profession of dental hygiene, as defined under this 15 article, may be performed in collaboration with a licensed dentist 16 provided such services are performed in accordance with a written prac- 17 tice agreement and written practice protocols to be known as a collabo- 18 rative practice agreement. Under a collaborative practice agreement, 19 dental hygienists may perform all services which are designated in regu- 20 lation without prior evaluation of a dentist or medical professional and 21 may be performed without supervision in a collaborative practice 22 setting. 23 2. (a) The collaborative practice agreement shall include consider- 24 ation for medically compromised patients, specific medical conditions, 25 and age-and procedure-specific practice protocols, including, but not 26 limited to recommended intervals for the performance of dental hygiene 27 services and a periodicity in which an examination by a dentist should 28 occur. 29 (b) The collaborative agreement shall be: 30 (i) signed and maintained by the dentist, the dental hygienist, and 31 the facility, program, or organization; 32 (ii) reviewed annually by the collaborating dentist and dental hygien- 33 ist; and 34 (iii) made available to the department and other interested parties 35 upon request. 36 (c) Only one agreement between a collaborating dentist and registered 37 dental hygienist, collaborative practice (RDH-CP) may be in force at a 38 time. 39 3. Before performing any services authorized under this section, a 40 dental hygienist shall provide the patient with a written statement 41 advising the patient that the dental hygiene services provided are not a 42 substitute for a dental examination by a licensed dentist and instruct- 43 ing individuals to visit a licensed dentist for comprehensive examina- 44 tion or treatment. If the dental hygienist makes any referrals to the 45 patient for further dental procedures, the dental hygienist must fill 46 out a referral form and provide a copy of the form to the collaborating 47 dentist. 48 4. The collaborative practice dental hygienist may enter into a 49 contractual arrangement with any New York state licensed and registered 50 dentist, health care facility, program, and/or non-profit organization 51 to perform dental hygiene services in the following settings: dental 52 offices; long-term care facilities/skilled nursing facilities; public or 53 private schools; public health agencies/federally qualified health 54 centers; correctional facilities; public institutions/mental health 55 facilities; drug treatment facilities; and domestic violence shelters.S. 3007 103 A. 3007 1 5. A collaborating dentist shall have collaborative agreements with no 2 more than six collaborative practice dental hygienists. The department 3 may grant exceptions to these limitations for public health settings on 4 a case-by-case basis. 5 6. A dental hygienist must make application to the department to prac- 6 tice as a registered dental hygienist, collaborative practice (RDH-CP) 7 and pay a fee set by the department. As a condition of collaborative 8 practice, the dental hygienist shall have been engaged in practice for 9 at least three years with a minimum of four thousand five hundred prac- 10 tice hours and shall complete an eight hour continuing education program 11 that includes instruction in medical emergency procedures, review of 12 clinical recommendations and standards for providing preventive services 13 (for example sealants and fluoride varnish) in public health settings, 14 risk management, dental hygiene jurisprudence and professional ethics. 15 § 4. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law. 17 PART Y 18 Section 1. Section 2803 of the public health law is amended by adding 19 a new subdivision 15 to read as follows: 20 15. Subject to the availability of federal financial participation and 21 notwithstanding any provision of this article, or any rule or regulation 22 to the contrary, the commissioner may allow general hospitals to provide 23 off-site acute care medical services, that are: 24 (a) not home care services as defined in subdivision one of section 25 thirty-six hundred two of this chapter or the professional services 26 enumerated in subdivision two of section thirty-six hundred two of this 27 chapter; provided, however, that nothing shall preclude a hospital from 28 offering hospital services as defined in subdivision four of section 29 twenty-eight hundred one of this article; 30 (b) provided by a medical professional, including a physician, regis- 31 tered nurse, nurse practitioner, or physician assistant, to a patient 32 with a preexisting clinical relationship with the general hospital, or 33 with the health care professional providing the service; 34 (c) provided to a patient for whom a medical professional has deter- 35 mined is appropriate to receive acute medical services at their resi- 36 dence; and 37 (d) consistent with all applicable federal, state, and local laws, the 38 general hospital has appropriate discharge planning in place to coordi- 39 nate discharge to a home care agency where medically necessary and 40 consented to by the patient after the patient's acute care episode ends. 41 (e) Nothing in this subdivision shall preclude off-site services from 42 being provided in accordance with subdivision eleven of this section and 43 department regulations. 44 (f) The department is authorized to establish medical assistance 45 program rates to effectuate this subdivision. For the purposes of the 46 department determining the applicable rates pursuant to such authority, 47 any general hospital approved pursuant to this subdivision shall report 48 to the department, in the form and format required by the department, 49 its annual operating costs and statistics, specifically for such off- 50 site acute services. Failure to timely submit such cost data to the 51 department may result in revocation of authority to participate in a 52 program under this section due to the inability to establish appropriate 53 reimbursement rates.S. 3007 104 A. 3007 1 § 2. This act shall take effect immediately and shall be deemed to 2 have been in full force and effect on and after April 1, 2025. 3 PART Z 4 Section 1. Section 4 of chapter 565 of the laws of 2022 amending the 5 state finance law relating to preferred source status for entities that 6 provide employment to certain persons, is amended to read as follows: 7 § 4. This act shall take effect immediately; provided that [section8one of this act shall expire and be deemed repealed three years after9such effective date; and provided further that] this act shall not apply 10 to any contracts or requests for proposals issued by government entities 11 before such date. 12 § 2. This act shall take effect immediately. 13 PART AA 14 Section 1. Section 2 of part NN of chapter 58 of the laws of 2015, 15 amending the mental hygiene law relating to clarifying the authority of 16 the commissioners in the department of mental hygiene to design and 17 implement time-limited demonstration programs, as amended by section 1 18 of part Z of chapter 57 of the laws of 2024, is amended to read as 19 follows: 20 § 2. This act shall take effect immediately [and shall expire and be21deemed repealed March 31, 2025]. 22 § 2. This act shall take effect immediately. 23 PART BB 24 Section 1. Section 4 of part L of chapter 59 of the laws of 2016, 25 amending the mental hygiene law relating to the appointment of temporary 26 operators for the continued operation of programs and the provision of 27 services for persons with serious mental illness and/or developmental 28 disabilities and/or chemical dependence, as amended by section 1 of part 29 OO of chapter 57 of the laws of 2022, is amended to read as follows: 30 § 4. This act shall take effect immediately and shall be deemed to 31 have been in full force and effect on and after April 1, 2016[;32provided, however, that sections one and two of this act shall expire33and be deemed repealed on March 31, 2025]. 34 § 2. This act shall take effect immediately. 35 PART CC 36 Section 1. Subdivision 1-a of section 84 of part A of chapter 56 of 37 the laws of 2013, amending the social services law and other laws relat- 38 ing to enacting the major components of legislation necessary to imple- 39 ment the health and mental hygiene budget for the 2013-2014 state fiscal 40 year, as amended by section 1 of part EE of chapter 57 of the laws of 41 2023, is amended to read as follows: 42 1-a. sections seventy-three through eighty-a shall expire and be 43 deemed repealed December 31, [2025] 2027; 44 § 2. This act shall take effect immediately and shall be deemed to 45 have been in full force and effect on and after April 1, 2025. 46 PART DDS. 3007 105 A. 3007 1 Section 1. Subdivision (a) of section 22.11 of the mental hygiene law, 2 as added by chapter 558 of the laws of 1999, is amended to read as 3 follows: 4 (a) For the purposes of this section, the word "minor" shall mean a 5 person under eighteen years of age, but does not include a person who is 6 the parent of a child or has married or who is emancipated, or is a 7 homeless youth, as defined in section five hundred thirty-two-a of the 8 executive law, or receives services at an approved runaway and homeless 9 youth crisis services program or a transitional independent living 10 support program as defined in section five hundred thirty-two-a of the 11 executive law. 12 § 2. Paragraph 1 of subdivision (a) of section 33.21 of the mental 13 hygiene law, as amended by chapter 461 of the laws of 1994, is amended 14 to read as follows: 15 (1) "minor" shall mean a person under eighteen years of age, but shall 16 not include a person who is the parent of a child, emancipated, has 17 married or is on voluntary status on [his or her] their own application 18 pursuant to section 9.13 of this chapter, or is a homeless youth, as 19 defined in section five hundred thirty-two-a of the executive law, or 20 receives services at an approved runaway and homeless youth crisis 21 services program or a transitional independent living support program as 22 defined in section five hundred thirty-two-a of the executive law; 23 § 3. Subdivision 1 of section 2504 of the public health law, as 24 amended by chapter 107 of the laws of 2023, is amended to read as 25 follows: 26 1. Any person who is eighteen years of age or older, or is the parent 27 of a child or has married, or is a homeless youth as defined in section 28 five hundred thirty-two-a of the executive law, or receives services at 29 an approved runaway and homeless youth crisis services program or a 30 transitional independent living support program as defined in section 31 five hundred thirty-two-a of the executive law, may give effective 32 consent for medical, dental, health and hospital services, including 33 behavioral health services, for themself, and the consent of no other 34 person shall be necessary. 35 § 4. This act shall take effect on the ninetieth day after it shall 36 have become a law. 37 PART EE 38 Section 1. The second and third undesignated paragraphs of section 39 9.01 of the mental hygiene law, as amended by chapter 723 of the laws of 40 1989, are amended to read as follows: 41 "in need of involuntary care and treatment" means that a person has a 42 mental illness for which care and treatment as a patient in a hospital 43 is essential to such person's welfare and whose judgment is so impaired 44 that [he] the person is unable to understand the need for such care and 45 treatment. 46 "likelihood to result in serious harm" or "likely to result in serious 47 harm" means (a) a substantial risk of physical harm to the person as 48 manifested by threats of or attempts at suicide or serious bodily harm 49 or other conduct demonstrating that the person is dangerous to [himself50or herself] themself, or (b) a substantial risk of physical harm to 51 other persons as manifested by homicidal or other violent behavior by 52 which others are placed in reasonable fear of serious physical harm, or 53 (c) a substantial risk of physical harm to the person due to an inabili- 54 ty or refusal, as a result of their mental illness, to provide for theirS. 3007 106 A. 3007 1 own essential needs such as food, clothing, medical care, safety, or 2 shelter. 3 § 2. The mental hygiene law is amended by adding a new section 9.04 to 4 read as follows: 5 § 9.04 Clinical determination of likelihood to result in serious harm. 6 In making a clinical determination of whether a person's mental 7 illness is likely to result in serious harm to self or others, the eval- 8 uating clinician shall review: 9 1. medical records available to the evaluating clinician; 10 2. all credible reports of the person's recent behavior; 11 3. any credible, known information related to the person's medical and 12 behavioral history; and 13 4. any other available relevant information. 14 § 3. Subdivisions (a), (d), (e), and (i) of section 9.27 of the mental 15 hygiene law, as renumbered by chapter 978 of the laws of 1977 and subdi- 16 vision (i) as amended by chapter 847 of the laws of 1987, are amended to 17 read as follows: 18 (a) The director of a hospital may receive and retain therein as a 19 patient any person alleged to be mentally ill and in need of involuntary 20 care and treatment upon the [certificate] certificates of two examining 21 physicians, or upon the certificates of an examining physician and a 22 psychiatric nurse practitioner. Such certificates shall be accompanied 23 by an application for the admission of such person. The examination may 24 be conducted jointly but each [examining physician] certifying practi- 25 tioner shall execute a separate certificate. 26 (d) Before an examining physician or psychiatric nurse practitioner 27 completes the certificate of examination of a person for involuntary 28 care and treatment, [he] they shall consider alternative forms of care 29 and treatment that might be adequate to provide for the person's needs 30 without requiring involuntary hospitalization. If the examining physi- 31 cian or psychiatric nurse practitioner knows that the person [he is] 32 they are examining for involuntary care and treatment has been under 33 prior treatment, [he] they shall, insofar as possible, consult with the 34 physician or psychologist furnishing such prior treatment prior to 35 completing [his] their certificate. Nothing in this section shall 36 prohibit or invalidate any involuntary admission made in accordance with 37 the provisions of this chapter. 38 (e) The director of the hospital where such person is brought shall 39 cause such person to be examined forthwith by a physician who shall be a 40 member of the psychiatric staff of such hospital other than the original 41 examining physicians or psychiatric nurse practitioner whose certificate 42 or certificates accompanied the application and, if such person is found 43 to be in need of involuntary care and treatment, [he] they may be admit- 44 ted thereto as a patient as herein provided. 45 (i) After an application for the admission of a person has been 46 completed and both [physicians] certifying practitioners have examined 47 such person and separately certified that [he or she] such person is 48 mentally ill and in need of involuntary care and treatment in a hospi- 49 tal, either [physician] certifying practitioner is authorized to request 50 peace officers, when acting pursuant to their special duties, or police 51 officers, who are members of an authorized police department or force or 52 of a sheriff's department, to take into custody and transport such 53 person to a hospital for determination by the director whether such 54 person qualifies for admission pursuant to this section. Upon the 55 request of either [physician] certifying practitioner, an ambulance 56 service, as defined by subdivision two of section three thousand one ofS. 3007 107 A. 3007 1 the public health law, is authorized to transport such person to a 2 hospital for determination by the director whether such person qualifies 3 for admission pursuant to this section. 4 § 4. Subsection (a) of section 9.37 of the mental hygiene law, as 5 renumbered by chapter 978 of the laws of 1977, is amended to read as 6 follows: 7 (a) The director of a hospital, upon application by a director of 8 community services or an examining physician duly designated by [him] 9 them, may receive and care for in such hospital as a patient any person 10 who, in the opinion of the director of community services or [his] their 11 designee, has a mental illness for which immediate inpatient care and 12 treatment in a hospital is appropriate and which is likely to result in 13 serious harm to [himself] themself or others; "likelihood of serious 14 harm" shall mean: 15 1. substantial risk of physical harm to [himself] themself as mani- 16 fested by threats of or attempts at suicide or serious bodily harm or 17 other conduct demonstrating that [he is] they are dangerous to [himself] 18 themself, or 19 2. a substantial risk of physical harm to other persons as manifested 20 by homicidal or other violent behavior by which others are placed in 21 reasonable fear or serious physical harm[.]; or 22 3. a substantial risk of physical harm to the person due to an inabil- 23 ity or refusal, as a result of their mental illness, to provide for 24 their own essential needs such as food, clothing, medical care, safety, 25 or shelter. 26 The need for immediate hospitalization shall be confirmed by a staff 27 physician of the hospital prior to admission. Within seventy-two hours, 28 excluding Sunday and holidays, after such admission, if such patient is 29 to be retained for care and treatment beyond such time and [he does] 30 they do not agree to remain in such hospital as a voluntary patient, the 31 certificate of another examining physician who is a member of the 32 psychiatric staff of the hospital that the patient is in need of invol- 33 untary care and treatment shall be filed with the hospital. From the 34 time of [his] their admission under this section the retention of such 35 patient for care and treatment shall be subject to the provisions for 36 notice, hearing, review, and judicial approval of continued retention or 37 transfer and continued retention provided by this article for the admis- 38 sion and retention of involuntary patients, provided that, for the 39 purposes of such provisions, the date of admission of the patient shall 40 be deemed to be the date when the patient was first received in the 41 hospital under this section. 42 § 5. Subsection (a) of section 9.39 of the mental hygiene law, as 43 amended by chapter 789 of the laws of 1985, is amended to read as 44 follows: 45 (a) The director of any hospital maintaining adequate staff and facil- 46 ities for the observation, examination, care, and treatment of persons 47 alleged to be mentally ill and approved by the commissioner to receive 48 and retain patients pursuant to this section may receive and retain 49 therein as a patient for a period of fifteen days any person alleged to 50 have a mental illness for which immediate observation, care, and treat- 51 ment in a hospital is appropriate and which is likely to result in seri- 52 ous harm to [himself] themself or others. "Likelihood to result in seri- 53 ous harm" as used in this article shall mean: 54 1. substantial risk of physical harm to [himself] themself as mani- 55 fested by threats of or attempts at suicide or serious bodily harm orS. 3007 108 A. 3007 1 other conduct demonstrating that [he is] they are dangerous to [himself] 2 themself, or 3 2. a substantial risk of physical harm to other persons as manifested 4 by homicidal or other violent behavior by which others are placed in 5 reasonable fear of serious physical harm[.], or 6 3. a substantial risk of physical harm to the person due to an inabil- 7 ity or refusal, as a result of their mental illness, to provide for 8 their own essential needs such as food, clothing, medical care, safety, 9 or shelter. 10 § 6. Subdivision (a) of section 9.45 of the mental hygiene law, as 11 amended by section 6 of part AA of chapter 57 of the laws of 2021, is 12 amended to read as follows: 13 (a) The director of community services or the director's designee 14 shall have the power to direct the removal of any person, within [his or15her] their jurisdiction, to a hospital approved by the commissioner 16 pursuant to subdivision (a) of section 9.39 of this article, or to a 17 comprehensive psychiatric emergency program pursuant to subdivision (a) 18 of section 9.40 of this article, if the parent, adult sibling, spouse 19 [or], domestic partner as defined in section twenty-nine hundred nine- 20 ty-four-a of the public health law, child of the person, cohabitant of 21 the person's residential unit, the committee or legal guardian of the 22 person, a licensed psychologist, registered professional nurse or certi- 23 fied social worker currently responsible for providing treatment 24 services to the person, a supportive or intensive case manager currently 25 assigned to the person by a case management program which program is 26 approved by the office of mental health for the purpose of reporting 27 under this section, a licensed physician, health officer, peace officer 28 or police officer reports to [him or her] the director of community 29 services or the director's designee that such person has a mental 30 illness for which immediate care and treatment is appropriate and 31 [which] that is likely to result in serious harm to [himself or herself] 32 self or others. It shall be the duty of peace officers, when acting 33 pursuant to their special duties, or police officers[,] who are members 34 of an authorized police department, or force or of a sheriff's depart- 35 ment to assist representatives of such director to take into custody and 36 transport any such person. Upon the request of a director of community 37 services or the director's designee, an ambulance service, as defined in 38 subdivision two of section three thousand one of the public health law, 39 is authorized to transport any such person. Such person may then be 40 retained in a hospital pursuant to the provisions of section 9.39 of 41 this article or in a comprehensive psychiatric emergency program pursu- 42 ant to the provisions of section 9.40 of this article. 43 § 7. Subparagraph (iii) of paragraph 4 and paragraph 7 of subdivision 44 (c), subparagraph (ii) of paragraph 1 of subdivision (e), paragraph 2 of 45 subdivision (h), and paragraph 3 of subdivision (i) of section 9.60 of 46 the mental hygiene law, as amended by chapter 158 of the laws of 2005, 47 and subparagraph (iii) of paragraph 4 of subdivision (c) and paragraph 2 48 of subdivision (h) as amended by section 2 of subpart H of part UU of 49 chapter 56 of the laws of 2022, are amended to read as follows: 50 (iii) notwithstanding subparagraphs (i) and (ii) of this paragraph, 51 resulted in the issuance of a court order for assisted outpatient treat- 52 ment [which] that has expired within the last six months, and since the 53 expiration of the order[,]; (a) the person has experienced a substantial 54 increase in symptoms of mental illness [and such symptoms] that substan- 55 tially interferes with or limits [one or more major life activities as56determined by a director of community services who previously wasS. 3007 109 A. 3007 1required to coordinate and monitor the care of any individual who was2subject to such expired assisted outpatient treatment order. The appli-3cable director of community services or their designee shall arrange for4the individual to be evaluated by a physician. If the physician deter-5mines court ordered services are clinically necessary and the least6restrictive option, the director of community services may initiate a7court proceeding.] the person's ability to maintain their health or 8 safety; or (b) the person, due to a lack of compliance with recommended 9 treatment, has received emergency treatment or inpatient care or has 10 been incarcerated; 11 (7) is likely to benefit from assisted outpatient treatment. Previous 12 non-compliance with court oversight or mandated treatment shall not 13 preclude a finding that the person is likely to benefit from assisted 14 outpatient treatment. 15 (ii) the parent, spouse, domestic partner, sibling eighteen years of 16 age or older, or child eighteen years of age or older of the subject of 17 the petition; or 18 (2) The court shall not order assisted outpatient treatment unless an 19 examining physician, who recommends assisted outpatient treatment and 20 has personally examined the subject of the petition no more than ten 21 days before the filing of the petition, testifies in person or by video- 22 conference at the hearing. [Provided however, a physician shall only be23authorized to testify by video conference when it has been: (i) shown24that diligent efforts have been made to attend such hearing in person25and the subject of the petition consents to the physician testifying by26video conference; or (ii) the court orders the physician to testify by27video conference upon a finding of good cause.] Such physician shall 28 state the facts and clinical determinations which support the allegation 29 that the subject of the petition meets each of the criteria for assisted 30 outpatient treatment. 31 (3) The court shall not order assisted outpatient treatment unless a 32 physician appearing on behalf of a director testifies in person or by 33 video conference to explain the written proposed treatment plan. Such 34 physician shall state the categories of assisted outpatient treatment 35 recommended, the rationale for each such category, facts which establish 36 that such treatment is the least restrictive alternative, and, if the 37 recommended assisted outpatient treatment plan includes medication, such 38 physician shall state the types or classes of medication recommended, 39 the beneficial and detrimental physical and mental effects of such medi- 40 cation, and whether such medication should be self-administered or 41 administered by an authorized professional. If the subject of the peti- 42 tion has executed a health care proxy, such physician shall state the 43 consideration given to any directions included in such proxy in develop- 44 ing the written treatment plan. If a director is the petitioner, testi- 45 mony pursuant to this paragraph shall be given at the hearing on the 46 petition. If a person other than a director is the petitioner, such 47 testimony shall be given on the date set by the court pursuant to para- 48 graph three of subdivision (j) of this section. 49 § 8. The mental hygiene law is amended by adding a new section 9.64 to 50 read as follows: 51 § 9.64 Notice of admission determination to community provider. 52 Upon an admission to a hospital or received as a patient in a compre- 53 hensive psychiatric emergency program pursuant to the provisions of this 54 article, the director of such hospital or program shall ensure that 55 reasonable efforts are made to identify and promptly notify of suchS. 3007 110 A. 3007 1 determination any community provider of mental health services that 2 maintains such person on its caseload. 3 § 9. Subdivision (f) of section 29.15 of the mental hygiene law, as 4 amended by chapter 135 of the laws of 1993, is amended to read as 5 follows: 6 (f) The discharge or conditional release of all clients at develop- 7 mental centers, patients at psychiatric centers or patients at psychiat- 8 ric inpatient services subject to licensure by the office of mental 9 health shall be in accordance with a written service plan prepared by 10 staff familiar with the case history of the client or patient to be 11 discharged or conditionally released and in cooperation with appropriate 12 social services officials and directors of local governmental units. In 13 causing such plan to be prepared, the director of the facility shall 14 take steps to assure that the following persons are interviewed, 15 provided an opportunity to actively participate in the development of 16 such plan and advised of whatever services might be available to the 17 patient through the mental hygiene legal service: the patient to be 18 discharged or conditionally released; a representative of a community 19 provider of mental health services, including a provider of case manage- 20 ment services, that maintains the patient on its caseload; an authorized 21 representative of the patient, to include the parent or parents if the 22 patient is a minor, unless such minor sixteen years of age or older 23 objects to the participation of the parent or parents and there has been 24 a clinical determination by a physician that the involvement of the 25 parent or parents is not clinically appropriate and such determination 26 is documented in the clinical record and there is no plan to discharge 27 or release the minor to the home of such parent or parents; and upon the 28 request of the patient sixteen years of age or older, [a significant] an 29 individual significant to the patient including any relative, close 30 friend or individual otherwise concerned with the welfare of the 31 patient, other than an employee of the facility. 32 § 10. This act shall take effect ninety days after it shall have 33 become a law; provided, however, section four of this act shall take 34 effect on the same date as the reversion of subsection (a) of section 35 9.37 of the mental hygiene law as provided in section 21 of chapter 723 36 of the laws of 1989, as amended; provided further, however, the amend- 37 ments to section 9.45 of the mental hygiene law made by section six of 38 this act shall not affect the repeal of such section and shall be deemed 39 repealed therewith; and provided further, however, the amendments to 40 section 9.60 of the mental hygiene law made by section seven of this act 41 shall not affect the repeal of such section and shall be deemed repealed 42 therewith. 43 PART FF 44 Section 1. 1. Subject to available appropriations and approval of the 45 director of the budget, the commissioners of the office of mental 46 health, office for people with developmental disabilities, office of 47 addiction services and supports, office of temporary and disability 48 assistance, office of children and family services, and the state office 49 for the aging (hereinafter "the commissioners") shall establish a state 50 fiscal year 2025-2026 targeted inflationary increase, effective April 1, 51 2025, for projecting for the effects of inflation upon rates of 52 payments, contracts, or any other form of reimbursement for the programs 53 and services listed in subdivision four of this section. The targeted 54 inflationary increase established herein shall be applied to the appro-S. 3007 111 A. 3007 1 priate portion of reimbursable costs or contract amounts. Where appro- 2 priate, transfers to the department of health (DOH) shall be made as 3 reimbursement for the state and/or local share of medical assistance. 4 2. Notwithstanding any inconsistent provision of law, subject to the 5 approval of the director of the budget and available appropriations 6 therefor, for the period of April 1, 2025 through March 31, 2026, the 7 commissioners shall provide funding to support a two and one-tenth 8 percent (2.1%) targeted inflationary increase under this section for all 9 eligible programs and services as determined pursuant to subdivision 10 four of this section. 11 3. Notwithstanding any inconsistent provision of law, and as approved 12 by the director of the budget, the 2.1 percent targeted inflationary 13 increase established herein shall be inclusive of all other inflationary 14 increases, cost of living type increases, inflation factors, or trend 15 factors that are newly applied effective April 1, 2025. Except for the 16 2.1 percent targeted inflationary increase established herein, for the 17 period commencing on April 1, 2025 and ending March 31, 2026 the commis- 18 sioners shall not apply any other new targeted inflationary increases or 19 cost of living adjustments for the purpose of establishing rates of 20 payments, contracts or any other form of reimbursement. The phrase "all 21 other inflationary increases, cost of living type increases, inflation 22 factors, or trend factors" as defined in this subdivision shall not 23 include payments made pursuant to the American Rescue Plan Act or other 24 federal relief programs related to the Coronavirus Disease 2019 (COVID- 25 19) pandemic public health emergency. This subdivision shall not 26 prevent the office of children and family services from applying addi- 27 tional trend factors or staff retention factors to eligible programs and 28 services under paragraph (v) of subdivision four of this section. 29 4. Eligible programs and services. (i) Programs and services funded, 30 licensed, or certified by the office of mental health (OMH) eligible for 31 the targeted inflationary increase established herein, pending federal 32 approval where applicable, include: office of mental health licensed 33 outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of 34 the office of mental health regulations including clinic (mental health 35 outpatient treatment and rehabilitative services programs), continuing 36 day treatment, day treatment, intensive outpatient programs and partial 37 hospitalization; outreach; crisis residence; crisis stabilization, 38 crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric 39 emergency program services; crisis intervention; home based crisis 40 intervention; family care; supported single room occupancy; supported 41 housing programs/services excluding rent; treatment congregate; 42 supported congregate; community residence - children and youth; 43 treatment/apartment; supported apartment; community residence single 44 room occupancy; on-site rehabilitation; employment programs; recreation; 45 respite care; transportation; psychosocial club; assertive community 46 treatment; case management; care coordination, including health home 47 plus services; local government unit administration; monitoring and 48 evaluation; children and youth vocational services; single point of 49 access; school-based mental health program; family support children and 50 youth; advocacy/support services; drop in centers; recovery centers; 51 transition management services; bridger; home and community based waiver 52 services; behavioral health waiver services authorized pursuant to the 53 section 1115 MRT waiver; self-help programs; consumer service dollars; 54 conference of local mental hygiene directors; multicultural initiative; 55 ongoing integrated supported employment services; supported education; 56 mentally ill/chemical abuse (MICA) network; personalized recoveryS. 3007 112 A. 3007 1 oriented services; children and family treatment and support services; 2 residential treatment facilities operating pursuant to part 584 of title 3 14-NYCRR; geriatric demonstration programs; community-based mental 4 health family treatment and support; coordinated children's service 5 initiative; homeless services; and promise zones. 6 (ii) Programs and services funded, licensed, or certified by the 7 office for people with developmental disabilities (OPWDD) eligible for 8 the targeted inflationary increase established herein, pending federal 9 approval where applicable, include: local/unified services; chapter 620 10 services; voluntary operated community residential services; article 16 11 clinics; day treatment services; family support services; 100% day 12 training; epilepsy services; traumatic brain injury services; hepatitis 13 B services; independent practitioner services for individuals with 14 intellectual and/or developmental disabilities; crisis services for 15 individuals with intellectual and/or developmental disabilities; family 16 care residential habilitation; supervised residential habilitation; 17 supportive residential habilitation; respite; day habilitation; prevoca- 18 tional services; supported employment; community habilitation; interme- 19 diate care facility day and residential services; specialty hospital; 20 pathways to employment; intensive behavioral services; community transi- 21 tion services; family education and training; fiscal intermediary; 22 support broker; and personal resource accounts. 23 (iii) Programs and services funded, licensed, or certified by the 24 office of addiction services and supports (OASAS) eligible for the 25 targeted inflationary increase established herein, pending federal 26 approval where applicable, include: medically supervised withdrawal 27 services - residential; medically supervised withdrawal services - 28 outpatient; medically managed detoxification; inpatient rehabilitation 29 services; outpatient opioid treatment; residential opioid treatment; 30 residential opioid treatment to abstinence; problem gambling treatment; 31 medically supervised outpatient; outpatient rehabilitation; specialized 32 services substance abuse programs; home and community based waiver 33 services pursuant to subdivision 9 of section 366 of the social services 34 law; children and family treatment and support services; continuum of 35 care rental assistance case management; NY/NY III post-treatment hous- 36 ing; NY/NY III housing for persons at risk for homelessness; permanent 37 supported housing; youth clubhouse; recovery community centers; recovery 38 community organizing initiative; residential rehabilitation services for 39 youth (RRSY); intensive residential; community residential; supportive 40 living; residential services; job placement initiative; case management; 41 family support navigator; local government unit administration; peer 42 engagement; vocational rehabilitation; HIV early intervention services; 43 dual diagnosis coordinator; problem gambling resource centers; problem 44 gambling prevention; prevention resource centers; primary prevention 45 services; other prevention services; comprehensive outpatient clinic; 46 jail-based supports; and regional addiction resource centers. 47 (iv) Programs and services funded, licensed, or certified by the 48 office of temporary and disability assistance (OTDA) eligible for the 49 targeted inflationary increase established herein, pending federal 50 approval where applicable, include: the nutrition outreach and education 51 program (NOEP). 52 (v) Programs and services funded, licensed, or certified by the office 53 of children and family services (OCFS) eligible for the targeted infla- 54 tionary increase established herein, pending federal approval where 55 applicable, include: programs for which the office of children and fami- 56 ly services establishes maximum state aid rates pursuant to sectionS. 3007 113 A. 3007 1 398-a of the social services law and section 4003 of the education law; 2 emergency foster homes; foster family boarding homes and therapeutic 3 foster homes; supervised settings as defined by subdivision twenty-two 4 of section 371 of the social services law; adoptive parents receiving 5 adoption subsidy pursuant to section 453 of the social services law; and 6 congregate and scattered supportive housing programs and supportive 7 services provided under the NY/NY III supportive housing agreement to 8 young adults leaving or having recently left foster care. 9 (vi) Programs and services funded, licensed, or certified by the state 10 office for the aging (SOFA) eligible for the targeted inflationary 11 increase established herein, pending federal approval where applicable, 12 include: community services for the elderly; expanded in-home services 13 for the elderly; and the wellness in nutrition program. 14 5. Each local government unit or direct contract provider receiving 15 funding for the targeted inflationary increase established herein shall 16 submit a written certification, in such form and at such time as each 17 commissioner shall prescribe, attesting how such funding will be or was 18 used to first promote the recruitment and retention of support staff, 19 direct care staff, clinical staff, non-executive administrative staff, 20 or respond to other critical non-personal service costs prior to 21 supporting any salary increases or other compensation for executive 22 level job titles. 23 6. Notwithstanding any inconsistent provision of law to the contrary, 24 agency commissioners shall be authorized to recoup funding from a local 25 governmental unit or direct contract provider for the targeted infla- 26 tionary increase established herein determined to have been used in a 27 manner inconsistent with the appropriation, or any other provision of 28 this section. Such agency commissioners shall be authorized to employ 29 any legal mechanism to recoup such funds, including an offset of other 30 funds that are owed to such local governmental unit or direct contract 31 provider. 32 § 2. This act shall take effect immediately and shall be deemed to 33 have been in full force and effect on and after April 1, 2025. 34 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 35 sion, section or part of this act shall be adjudged by any court of 36 competent jurisdiction to be invalid, such judgment shall not affect, 37 impair, or invalidate the remainder thereof, but shall be confined in 38 its operation to the clause, sentence, paragraph, subdivision, section 39 or part thereof directly involved in the controversy in which such judg- 40 ment shall have been rendered. It is hereby declared to be the intent of 41 the legislature that this act would have been enacted even if such 42 invalid provisions had not been included herein. 43 § 3. This act shall take effect immediately provided, however, that 44 the applicable effective date of Parts A through FF of this act shall be 45 as specifically set forth in the last section of such Parts.
