S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5155
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 20, 2013
                                      ___________
       Introduced  by  M.  of A. BRENNAN, DINOWITZ, WEISENBERG, CLARK, ORTIZ --
         Multi-Sponsored by -- M. of A. ABBATE,  ABINANTI,  COLTON,  GOTTFRIED,
         HOOPER -- read once and referred to the Committee on Mental Health
       AN  ACT  to  amend the mental hygiene law, in relation to preventing the
         consideration of medical assistance as a criterion for the issuance of
         an operating certificate
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  31.05  of  the  mental hygiene law is amended by
    2  adding a new subdivision (d) to read as follows:
    3    (D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE  COMMIS-
    4  SIONER  SHALL  NOT CONSIDER THE SOURCE OR AVAILABILITY OF STATE SHARE OF
    5  MEDICAL ASSISTANCE AS A CRITERION FOR THE ISSUANCE, EXPANSION OR RENEWAL
    6  OF AN OPERATING CERTIFICATE REQUIRED BY SECTION 31.02 OF THIS ARTICLE.
    7    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09104-01-3