Bill Text: NY S07507 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2018-2019 state fiscal year; relates to distributions from the general hospital indigent care pool; directs a review of the feasibility of creating a burn center in Kings county; and relates to rates of reimbursement for certain residential health care facilities (Part A); relates to payments to residential health care facilities; relates to assisted living program providers licensed in the state; relates to limitations on licensed home care service agency contracts and registration of licensed home care services agencies; relates to advertising by fiscal intermediaries; and relates to medicaid reimbursement rates for hospice providers (Part B); relates to health homes and penalties for managed care providers (Part C); relates to drug coverage, updating the professional dispensing fee, copayments, and amends the Medicaid drug cap (Part D); requires a report on monies collected under the false claims act detailing what monies were collected and how such monies were spent (Part J); relates to home care services, direct care costs, and medicaid expenditures; and extends the medicaid global cap (Part K); relates to extending provisions relating to coverage for malpractice and professional medical conduct (Part M); establishes a cost of living adjustment for designated human services and provides for the repeal of certain provisions of law relating thereto (Part N); relates to the health care facility transformation program (Part Q); relates to integrated services (Subpart B); relates to telehealth services (Subpart C) (Part S); relates to the effectiveness of provisions of law relating to authorizing the commissioner of health to apply federally established consumer price index penalties for generic drugs, and authorizing the commissioner of health to impose penalties on managed care plans for reporting late or incorrect encounter data; relates to the effectiveness of provisions of law relating to adjustments of rates; relates to the effectiveness of provisions of law relating to authorizing reimbursements for expenditures made by or on behalf of social services districts for medical assistance for needy persons and administration thereof; relates to the effectiveness of provisions relating to expanding medical assistance eligibility and the scope of services available to certain persons with disabilities; relates to rate of payments; relates to agreements with pharmaceutical manufacturers; relates to amending the social services law and other laws relating to supplemental rebates; and relates to participation and membership in a demonstration period (Part T); clarifies the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs; extender (Part U); relates to the membership of subcommittees for mental health of community service boards and the duties of such subcommittees and creating the community mental health and workforce reinvestment account relating to extending such provisions relating thereto (Part V); relates to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene; extender (Part X); relates to persons practicing in certain licensed programs or services who are exempt from practice requirements of professionals licensed by the department of education (Part Y); adds demonstration waivers to waivers allowable for home and community-based services; relates to waivers for high quality integrated care (Part Z); establishes a cost of living adjustment for designated human services programs; extender (Part AA); expands the list of controlled substances (Part BB); relates to inquiries or complaints of professional misconduct (Part CC); relates to authorizing a licensed pharmacist to administer influenza vaccine to children between two and eighteen years of age pursuant to a non-patient specific regimen; extends certain provisions of law relating thereto; provides reporting requirements for vaccines administered by pharmacists to individuals less than 19 years of age (Part DD); relates to insurance payments for independent practitioner services for individuals with developmental disabilities (Part EE); relates to establishing the office of the independent substance use disorder and mental health ombudsman for the purpose of assisting individuals with a substance use disorder and/or mental illness (Part FF); creates a certified peer recovery advocate services program (Part GG); ensures that sexual assault survivors are not billed for sexual assault forensic exams and are notified orally and in writing of the option to decline to provide private health insurance information and have the office of victim services reimburse the hospital for the exam; also provides that if such exam is covered by insurance, such coverage shall not be subject to annual deductibles or coinsurance; requires collection and storage of such evidence; relates to state-operated individualized residential alternatives; and relates to the closure or transfer of a state-operated individualized residential alternative (Part II); establishes a training program for first responders for handling emergency situations involving individuals with autism spectrum disorder and other developmental disabilities (Part JJ); requires bids submitted to the state or any agency or department of the state to contain a certification concerning sexual harassment (Subpart A); prohibits mandatory arbitration clauses (Subpart B); relates to reimbursement of funds paid by state agencies, state entities and public entities for the payment of awards adjudicated in sexual harassment claims (Subpart C); relates to nondisclosure agreements (Subpart D); establishes a model policy regarding the prevention of sexual harassment and a model training program to prevent sexual harassment in the workplace (Subpart E); relates to sexual harassment relating to non-employees (Subpart F) (Part KK); authorizes a voluntary public water system consolidation study (Part LL); relates to pharmacy audits by pharmacy benefit managers; relates to contracts between pharmacy benefit managers and pharmacies; relates to outpatient treatment; relates to establishing the children and recovering mothers program and a workgroup to study and evaluate barriers and challenges in identifying and treating expectant mothers, newborns and new parents with a substance use disorder; relates to screening students for lead when enrolling in child care, pre-school or kindergarten; relates to the lead service line replacement grant program; directs the New York state department of health to conduct a study of the high burden of asthma in the boroughs of Brooklyn and Manhattan in the city of New York; and relates to providing coverage for pasteurized donor human milk (PDHM) (Part MM); and enacts the opioid stewardship act; repealer (Part NN).
Spectrum: Committee Bill
Status: (Passed) 2018-04-12 - SIGNED CHAP.57 [S07507 Detail]
Download: New_York-2017-S07507-Amended.html
Bill Title: Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2018-2019 state fiscal year; relates to distributions from the general hospital indigent care pool; directs a review of the feasibility of creating a burn center in Kings county; and relates to rates of reimbursement for certain residential health care facilities (Part A); relates to payments to residential health care facilities; relates to assisted living program providers licensed in the state; relates to limitations on licensed home care service agency contracts and registration of licensed home care services agencies; relates to advertising by fiscal intermediaries; and relates to medicaid reimbursement rates for hospice providers (Part B); relates to health homes and penalties for managed care providers (Part C); relates to drug coverage, updating the professional dispensing fee, copayments, and amends the Medicaid drug cap (Part D); requires a report on monies collected under the false claims act detailing what monies were collected and how such monies were spent (Part J); relates to home care services, direct care costs, and medicaid expenditures; and extends the medicaid global cap (Part K); relates to extending provisions relating to coverage for malpractice and professional medical conduct (Part M); establishes a cost of living adjustment for designated human services and provides for the repeal of certain provisions of law relating thereto (Part N); relates to the health care facility transformation program (Part Q); relates to integrated services (Subpart B); relates to telehealth services (Subpart C) (Part S); relates to the effectiveness of provisions of law relating to authorizing the commissioner of health to apply federally established consumer price index penalties for generic drugs, and authorizing the commissioner of health to impose penalties on managed care plans for reporting late or incorrect encounter data; relates to the effectiveness of provisions of law relating to adjustments of rates; relates to the effectiveness of provisions of law relating to authorizing reimbursements for expenditures made by or on behalf of social services districts for medical assistance for needy persons and administration thereof; relates to the effectiveness of provisions relating to expanding medical assistance eligibility and the scope of services available to certain persons with disabilities; relates to rate of payments; relates to agreements with pharmaceutical manufacturers; relates to amending the social services law and other laws relating to supplemental rebates; and relates to participation and membership in a demonstration period (Part T); clarifies the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs; extender (Part U); relates to the membership of subcommittees for mental health of community service boards and the duties of such subcommittees and creating the community mental health and workforce reinvestment account relating to extending such provisions relating thereto (Part V); relates to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene; extender (Part X); relates to persons practicing in certain licensed programs or services who are exempt from practice requirements of professionals licensed by the department of education (Part Y); adds demonstration waivers to waivers allowable for home and community-based services; relates to waivers for high quality integrated care (Part Z); establishes a cost of living adjustment for designated human services programs; extender (Part AA); expands the list of controlled substances (Part BB); relates to inquiries or complaints of professional misconduct (Part CC); relates to authorizing a licensed pharmacist to administer influenza vaccine to children between two and eighteen years of age pursuant to a non-patient specific regimen; extends certain provisions of law relating thereto; provides reporting requirements for vaccines administered by pharmacists to individuals less than 19 years of age (Part DD); relates to insurance payments for independent practitioner services for individuals with developmental disabilities (Part EE); relates to establishing the office of the independent substance use disorder and mental health ombudsman for the purpose of assisting individuals with a substance use disorder and/or mental illness (Part FF); creates a certified peer recovery advocate services program (Part GG); ensures that sexual assault survivors are not billed for sexual assault forensic exams and are notified orally and in writing of the option to decline to provide private health insurance information and have the office of victim services reimburse the hospital for the exam; also provides that if such exam is covered by insurance, such coverage shall not be subject to annual deductibles or coinsurance; requires collection and storage of such evidence; relates to state-operated individualized residential alternatives; and relates to the closure or transfer of a state-operated individualized residential alternative (Part II); establishes a training program for first responders for handling emergency situations involving individuals with autism spectrum disorder and other developmental disabilities (Part JJ); requires bids submitted to the state or any agency or department of the state to contain a certification concerning sexual harassment (Subpart A); prohibits mandatory arbitration clauses (Subpart B); relates to reimbursement of funds paid by state agencies, state entities and public entities for the payment of awards adjudicated in sexual harassment claims (Subpart C); relates to nondisclosure agreements (Subpart D); establishes a model policy regarding the prevention of sexual harassment and a model training program to prevent sexual harassment in the workplace (Subpart E); relates to sexual harassment relating to non-employees (Subpart F) (Part KK); authorizes a voluntary public water system consolidation study (Part LL); relates to pharmacy audits by pharmacy benefit managers; relates to contracts between pharmacy benefit managers and pharmacies; relates to outpatient treatment; relates to establishing the children and recovering mothers program and a workgroup to study and evaluate barriers and challenges in identifying and treating expectant mothers, newborns and new parents with a substance use disorder; relates to screening students for lead when enrolling in child care, pre-school or kindergarten; relates to the lead service line replacement grant program; directs the New York state department of health to conduct a study of the high burden of asthma in the boroughs of Brooklyn and Manhattan in the city of New York; and relates to providing coverage for pasteurized donor human milk (PDHM) (Part MM); and enacts the opioid stewardship act; repealer (Part NN).
Spectrum: Committee Bill
Status: (Passed) 2018-04-12 - SIGNED CHAP.57 [S07507 Detail]
Download: New_York-2017-S07507-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 7507--A A. 9507--A SENATE - ASSEMBLY January 18, 2018 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to establishing a temporary workgroup on capital rate methodology for capital expendi- tures to hospitals and residential nursing facilities; and to amend the social services law, in relation to standard coverage for physical therapy services under medical assistance for needy persons programs (Part A); to amend the public health law, in relation to payments to residential health care facilities; to amend the social services law and the public health law, in relation to assisted living program providers licensed in the state; to amend the social services law, in relation to payments for certain medical assistance provided to eligi- ble persons participating in the New York traumatic brain injury waiv- er program; and to repeal certain provisions of section 366 of the social services law relating to furnishing medical assistance (Part B); to amend the social services law and the public health law, in relation to health homes and penalties for managed care providers (Part C); to amend the social services law and the public health law, in relation to drug coverage, updating the professional dispensing fee, copayments, pharmacist physician collaboration and comprehensive medication management; and to repeal certain provisions of the social services law relating thereto (Part D); to amend the social services law, in relation to reimbursement of transportation costs, reimburse- ment of emergency transportation services and supplemental transporta- tion payments; and repealing certain provisions of such law relating thereto (Part E); providing for not-for-profit and tax exempt corpo- rations' Medicaid capitation rates (Part F); to amend the public health law, in relation to authorizing certain retail practices to offer health services (Part G); to amend the education law, in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12671-02-8S. 7507--A 2 A. 9507--A relation to the practice of nursing by certified registered nurse anesthetists (Part H); to amend the social services law and the public health law, in relation to managed care organizations (Part I); to amend the state finance law, in relation to the false claims act (Part J); authorizing the department of health to require certain health care providers to report on costs incurred; and to amend chapter 59 of the laws of 2011 amending the public health law and other laws relat- ing to known and projected department of health state fund medicaid expenditures, in relation to extending the medicaid global cap (Part K); to amend the social services law and the public health law, in relation to the child health insurance program (Part L); 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 apportioning premium for certain policies; 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, relat- ing to the effectiveness of certain provisions of such chapter, 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 M); to amend part C of chapter 57 of the laws of 2006, establishing a cost of living adjustment for designated human services, in relation to the determination thereof; and to repeal certain provisions thereof relating to eligible programs (Part N); to amend the public health law and the insurance law, in relation to the early intervention program for infants and toddlers with disabilities and their families (Part O); to amend the public health law, in relation to the empire clinical research investigator program and hospital resident hour audits; and to repeal certain provisions of the public health law relating thereto (Part P); to amend the public health law, in relation to the health care facility transformation program (Part Q); to amend the public health law, the executive law, and the real property law, in relation to areas at a high risk for lead paint (Part R); to amend the public health law and the social services law, in relation to the establish- ment of community paramedicine collaboratives (Subpart A); to amend the public health law and the mental hygiene law, in relation to inte- grated services (Subpart B); and to amend the public health law, in relation to the definitions of telehealth provider, originating site and remote patient monitoring (Subpart C)(Part S); to amend chapter 59 of the laws of 2016, amending the social services law and other laws relating to authorizing the commissioner of health to apply federally established consumer price index penalties for generic drugs, and authorizing the commissioner of health to impose penalties on managed care plans for reporting late or incorrect encounter data, in relation to the effectiveness of certain provisions of such chapter; to amend chapter 58 of the laws of 2007, amending the social services law and other laws relating to adjustments of rates, in relation to the effec- tiveness of certain provisions of such chapter; to amend chapter 54 of the laws of 2016, amending part C of chapter 58 of the laws of 2005, authorizing reimbursements for expenditures made by or on behalf of social services districts for medical assistance for needy persons and administration thereof, in relation to the effectiveness thereof; to amend chapter 906 of the laws of 1984, amending the social servicesS. 7507--A 3 A. 9507--A law relating to expanding medical assistance eligibility and the scope of services available to certain persons with disabilities, in relation to the effectiveness thereof; and to amend chapter 56 of the laws of 2013, amending chapter 59 of the laws of 2011 amending the public health law and other laws relating to general hospital reimbursement for annual rates relating to the cap on local Medicaid expenditures, in relation to rates of payments (Part T); 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 U); to amend chapter 62 of the laws of 2003, amending the mental hygiene law and the state finance law relating to the community mental health support and workforce reinvestment program, the membership of subcommittees for mental health of community services boards and the duties of such subcommittees and creating the community mental health and workforce reinvestment account, in relation to extending such provisions relating thereto (Part V); to amend the criminal procedure law, in relation to amending the definition of appropriate institu- tion; and providing for the repeal of such provisions upon expiration thereof (Part W); to amend chapter 111 of the laws of 2010 amending the mental hygiene law relating to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene, in relation to the effectiveness thereof (Part X); to amend the education law, in relation to persons practicing in certain licensed programs or services who are exempt from practice requirements of professionals licensed by the department of education; to amend chapter 420 of the laws of 2002, amending the education law relating to the profession of social work, in relation to extending the expiration of certain provisions thereof; to amend chapter 676 of the laws of 2002, amending the education law relating to the practice of psychology, in relation to extending the expiration of certain provisions; and to amend chap- ter 130 of the laws of 2010, amending the education law and other laws relating to the registration of entities providing certain profes- sional services and licensure of certain professions, in relation to extending certain provisions thereof (Part Y); to amend the social services law, in relation to adding demonstration waivers to waivers allowable for home and community-based services; to amend the social services law, in relation to adding successor federal waivers to waiv- ers granted under subsection (c) of section 1915 of the federal social security law, in relation to nursing facility services; to amend the social services law, in relation to waivers for high quality and inte- grated care; to amend the mental hygiene law, in relation to adding new and successor federal waivers to waivers in relation to home and community-based services; 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 legislation 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; to amend the public health law, in relation to expansion of comprehen- sive health services plans; to amend chapter 659 of the laws of 1997, amending the public health law and other laws relating to creation of continuing care retirement communities, in relation to extending provisions thereof; to amend the public health law, in relation to managed long term care plans, health and long term care services andS. 7507--A 4 A. 9507--A developmental disability individual support and care coordination organizations; to amend chapter 165 of the laws of 1991, amending the public health law and other laws relating to establishing payments for medical assistance, in relation to extending the provisions thereof; to amend the mental hygiene law, in relation to reimbursement rates; and to amend chapter 710 of the laws of 1988, amending the social services law and the education law relating to medical assistance eligibility of certain persons and providing for managed medical care demonstration programs, in relation to extending the provisions there- of (Part Z); to amend part C of chapter 57 of the laws of 2006, relat- ing to establishing a cost of living adjustment for designated human services programs, in relation to the inclusion and development of certain cost of living adjustments (Part AA); to amend the public health law and the penal law, in relation to expanding the list of controlled substances (Part BB); to amend the education law and the public health law, in relation to inquiries or complaints of profes- sional misconduct (Part CC); and to amend the education law, in relation to authorizing a licensed pharmacist to administer influenza vaccine to children between two and eighteen years of age pursuant to a non-patient specific regimen; to amend chapter 563 of the laws of 2008, amending the education law and the public health law relating to immunizing agents to be administered to adults by pharmacists, in relation to making the provisions permanent; to amend chapter 116 of the laws of 2012, amending the education law relating to authorizing a licensed pharmacist and certified nurse practitioner to administer certain immunizing agents, in relation to making certain provisions permanent; and to amend chapter 21 of the laws of 2011, amending the education law relating to authorizing pharmacists to perform collabo- rative drug therapy management with physicians in certain settings, in relation to making certain provisions permanent (Part DD) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2018-2019 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through DD. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. 12 PART A 13 Section 1. The public health law is amended by adding a new section 14 2827 to read as follows: 15 § 2827. Temporary workgroup on capital rate methodology. (a) The 16 commissioner shall convene a temporary workgroup comprised of represen- 17 tatives of hospitals and residential nursing facilities, as well as 18 representatives from the department, to develop recommendations for 19 streamlining the capital reimbursement methodology to achieve a oneS. 7507--A 5 A. 9507--A 1 percent reduction in capital expenditures to hospitals and residential 2 nursing facilities, including associated specialty and adult day health 3 care units. Pending the development of the workgroup's recommendations 4 and the implementation of any such recommendations accepted by the 5 commissioner, the commissioner shall be authorized to reduce the overall 6 amount of capital reimbursement as necessary to achieve a one percent 7 reduction in capital expenditures beginning with state fiscal year two 8 thousand eighteen--two thousand nineteen. 9 (b) The commissioner may promulgate regulations to effectuate the 10 provisions of this section. 11 § 2. Subdivision 5-d of section 2807-k of the public health law, as 12 amended by section 1 of part E of chapter 57 of the laws of 2015, is 13 amended to read as follows: 14 5-d. (a) Notwithstanding any inconsistent provision of this section, 15 section twenty-eight hundred seven-w of this article or any other 16 contrary provision of law, and subject to the availability of federal 17 financial participation, for periods on and after January first, two 18 thousand thirteen, through December thirty-first, two thousand [eigh-19teen] nineteen, all funds available for distribution pursuant to this 20 section, except for funds distributed pursuant to subparagraph (v) of 21 paragraph (b) of subdivision five-b of this section, and all funds 22 available for distribution pursuant to section twenty-eight hundred 23 seven-w of this article, shall be reserved and set aside and distributed 24 in accordance with the provisions of this subdivision. 25 (b) The commissioner shall promulgate regulations, and may promulgate 26 emergency regulations, establishing methodologies for the distribution 27 of funds as described in paragraph (a) of this subdivision and such 28 regulations shall include, but not be limited to, the following: 29 (i) Such regulations shall establish methodologies for determining 30 each facility's relative uncompensated care need amount based on unin- 31 sured inpatient and outpatient units of service from the cost reporting 32 year two years prior to the distribution year, multiplied by the appli- 33 cable medicaid rates in effect January first of the distribution year, 34 as summed and adjusted by a statewide cost adjustment factor and reduced 35 by the sum of all payment amounts collected from such uninsured 36 patients, and as further adjusted by application of a nominal need 37 computation that shall take into account each facility's medicaid inpa- 38 tient share. 39 (ii) Annual distributions pursuant to such regulations for the two 40 thousand thirteen through two thousand [eighteen] nineteen calendar 41 years shall be in accord with the following: 42 (A) 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; and 45 (B) nine hundred ninety-four million nine hundred thousand dollars as 46 Medicaid DSH payments to eligible general hospitals, other than major 47 public general hospitals. 48 (iii)(A) Such regulations shall establish transition adjustments to 49 the distributions made pursuant to clauses (A) and (B) of subparagraph 50 (ii) of this paragraph such that no facility experiences a reduction in 51 indigent care pool payments pursuant to this subdivision that is greater 52 than the percentages, as specified in clause (C) of this subparagraph as 53 compared to the average distribution that each such facility received 54 for the three calendar years prior to two thousand thirteen pursuant to 55 this section and section twenty-eight hundred seven-w of this article.S. 7507--A 6 A. 9507--A 1 (B) Such regulations shall also establish adjustments limiting the 2 increases in indigent care pool payments experienced by facilities 3 pursuant to this subdivision by an amount that will be, as determined by 4 the commissioner and in conjunction with such other funding as may be 5 available for this purpose, sufficient to ensure full funding for the 6 transition adjustment payments authorized by clause (A) of this subpara- 7 graph. 8 (C) No facility shall experience a reduction in indigent care pool 9 payments pursuant to this subdivision that: for the calendar year begin- 10 ning January first, two thousand thirteen, is greater than two and one- 11 half percent; for the calendar year beginning January first, two thou- 12 sand fourteen, is greater than five percent; and, for the calendar year 13 beginning on January first, two thousand fifteen[,]; is greater than 14 seven and one-half percent, and for the calendar year beginning on Janu- 15 ary first, two thousand sixteen, is greater than ten percent; and for 16 the calendar year beginning on January first, two thousand seventeen, is 17 greater than twelve and one-half percent; and for the calendar year 18 beginning on January first, two thousand eighteen, is greater than 19 fifteen percent; and for the calendar year beginning on January first, 20 two thousand nineteen, is greater than seventeen and one-half percent. 21 (iv) Such regulations shall reserve one percent of the funds available 22 for distribution in the two thousand fourteen and two thousand fifteen 23 calendar years, and for calendar years thereafter, pursuant to this 24 subdivision, subdivision fourteen-f of section twenty-eight hundred 25 seven-c of this article, and sections two hundred eleven and two hundred 26 twelve of chapter four hundred seventy-four of the laws of nineteen 27 hundred ninety-six, in a "financial assistance compliance pool" and 28 shall establish methodologies for the distribution of such pool funds to 29 facilities based on their level of compliance, as determined by the 30 commissioner, with the provisions of subdivision nine-a of this section. 31 (c) The commissioner shall annually report to the governor and the 32 legislature on the distribution of funds under this subdivision includ- 33 ing, but not limited to: 34 (i) the impact on safety net providers, including community providers, 35 rural general hospitals and major public general hospitals; 36 (ii) the provision of indigent care by units of services and funds 37 distributed by general hospitals; and 38 (iii) the extent to which access to care has been enhanced. 39 § 3. Subdivision 14-a of section 2807 of the public health law, as 40 added by section 11 of part B of chapter 57 of the laws of 2015, is 41 amended to read as follows: 42 14-a. (a) Notwithstanding any provision of law to the contrary, and 43 subject to federal financial participation, the commissioner is author- 44 ized to establish, pursuant to regulations, a statewide general hospital 45 quality pool for the purpose of incentivizing and facilitating quality 46 improvements in general hospitals. 47 (b) Such regulations shall include provisions: 48 (i) to create a performance target to reduce potentially preventable 49 emergency department visits; 50 (ii) to reduce or eliminate the payment of the rates, published by the 51 department on the hospital inpatient publication schedules and hospital 52 ambulatory patient group schedules, which are paid by contractors to 53 hospitals, based on the quality and safety scores of a hospital as 54 determined by the department; and 55 (iii) to facilitate necessary quality improvements in hospitals, as 56 determined by the commissioner.S. 7507--A 7 A. 9507--A 1 (c) Awards from such pool shall be subject to approval by the director 2 of budget. If federal financial participation is unavailable, then the 3 non-federal share of awards made pursuant to this subdivision may be 4 made as state grants. 5 [(a)] (d) Thirty days prior to adopting or applying a methodology or 6 procedure for making an allocation or modification to an allocation made 7 pursuant to this subdivision, the commissioner shall provide written 8 notice to the chairs of the senate finance committee, the assembly ways 9 and means committee, and the senate and assembly health committees with 10 regard to the intent to adopt or apply the methodology or procedure, 11 including a detailed explanation of the methodology or procedure. 12 [(b)] (e) Thirty days prior to executing an allocation or modification 13 to an allocation made pursuant to this subdivision, the commissioner 14 shall provide written notice to the chairs of the senate finance commit- 15 tee, the assembly ways and means committee, and the senate and assembly 16 health committees with regard to the intent to distribute such funds. 17 Such notice shall include, but not be limited to, information on the 18 methodology used to distribute the funds, the facility specific allo- 19 cations of the funds, any facility specific project descriptions or 20 requirements for receiving such funds, the multi-year impacts of these 21 allocations, and the availability of federal matching funds. The commis- 22 sioner shall provide quarterly reports to the chair of the senate 23 finance committee and the chair of the assembly ways and means committee 24 on the distribution and disbursement of such funds. 25 (f) Notwithstanding any inconsistent provision of law or regulation to 26 the contrary, the hospital quality pool shall allocate ten million 27 dollars annually to expand preventative services as the commissioner may 28 determine in regulation. Such preventative services may include but not 29 be limited to mental health counseling provided by a licensed clinical 30 social worker or a licensed master social worker, physical therapy, 31 diabetes prevention, or treatment by an applied behavior analyst. 32 § 4. Subparagraph (ii) of paragraph (f) of subdivision 2-a of section 33 2807 of the public health law, as amended by section 43 of part B of 34 chapter 58 of the laws of 2010, is amended to read as follows: 35 (ii) notwithstanding the provisions of paragraphs (a) and (b) of this 36 subdivision, for periods on and after January first, two thousand nine, 37 the following services provided by general hospital outpatient depart- 38 ments and diagnostic and treatment centers shall be reimbursed with 39 rates of payment based entirely upon the ambulatory patient group meth- 40 odology as described in paragraph (e) of this subdivision, provided, 41 however, that the commissioner may utilize existing payment methodol- 42 ogies or may promulgate regulations establishing alternative payment 43 methodologies for one or more of the services specified in this subpara- 44 graph, effective for periods on and after March first, two thousand 45 nine: 46 (A) services provided in accordance with the provisions of paragraphs 47 (q) and (r) of subdivision two of section three hundred sixty-five-a of 48 the social services law; and 49 (B) all services, but only with regard to additional payment amounts, 50 as determined in accordance with regulations issued in accordance with 51 paragraph (e) of this subdivision, for the provision of such services 52 during times outside the facility's normal hours of operation, as deter- 53 mined in accordance with criteria set forth in such regulations; and 54 (C) individual psychotherapy services provided by licensed social 55 workers, in accordance with licensing criteria set forth in applicable 56 regulations[, to persons under the age of twenty-one and to personsS. 7507--A 8 A. 9507--A 1requiring such services as a result of or related to pregnancy or giving2birth]; and 3 (D) individual psychotherapy services provided by licensed social 4 workers, in accordance with licensing criteria set forth in applicable 5 regulations, at diagnostic and treatment centers that provided, billed 6 for, and received payment for these services between January first, two 7 thousand seven and December thirty-first, two thousand seven; 8 (E) services provided to pregnant women pursuant to paragraph (s) of 9 subdivision two of section three hundred sixty-five-a of the social 10 services law and, for periods on and after January first, two thousand 11 ten, all other services provided pursuant to such paragraph (s) and 12 services provided pursuant to paragraph (t) of subdivision two of 13 section three hundred sixty-five-a of the social services law; 14 (F) wheelchair evaluation services and eyeglass dispensing services; 15 and 16 (G) immunization services, effective for services rendered on and 17 after June tenth, two thousand nine. 18 § 5. Paragraph (h) of subdivision 2 of section 365-a of the social 19 services law, as amended by chapter 220 of the laws of 2011, is amended 20 to read as follows: 21 (h) speech therapy, and when provided at the direction of a physician 22 or nurse practitioner, physical therapy including related rehabilitative 23 services and occupational therapy; provided, however, that speech thera- 24 py[, physical therapy] and occupational therapy [each] shall be limited 25 to coverage of twenty visits per year; physical therapy shall be limited 26 to coverage of forty visits per year; such limitation shall not apply to 27 persons with developmental disabilities or, notwithstanding any other 28 provision of law to the contrary, to persons with traumatic brain inju- 29 ry; 30 § 6. This act shall take effect immediately. 31 PART B 32 Section 1. Subdivision 2-c of section 2808 of the public health law is 33 amended by adding a new paragraph (g) to read as follows: 34 (g) The commissioner shall reduce Medicaid revenue to a residential 35 health care facility in a payment year by two percent if in each of the 36 two most recent payment years for which New York state nursing home 37 quality initiative data is available, the facility was ranked in the 38 lowest two quintiles of facilities based on its nursing home quality 39 initiative performance, and was ranked in the lowest quintile in the 40 most recent payment year. The commissioner may waive the application of 41 this paragraph to a facility if the commissioner determines that the 42 facility is in extreme financial distress. 43 § 2. Subdivision 3 of section 461-l of the social services law is 44 amended by adding four new paragraphs (k), (l), (m) and (n) to read as 45 follows: 46 (k)(i) Existing assisted living program providers licensed on or 47 before April first, two thousand eighteen may apply to the department 48 for up to nine additional assisted living program beds, by a deadline to 49 be determined by the department. The department may utilize an expedited 50 review process to allow eligible applicants in good standing the ability 51 to be licensed for the additional beds within ninety days of the depart- 52 ment's receipt of a satisfactory application. Eligible applicants are 53 those that: do not require major renovation or construction; serve onlyS. 7507--A 9 A. 9507--A 1 public pay individuals; and are in substantial compliance with appropri- 2 ate state and local requirements as determined by the department. 3 (ii) Existing assisted living program providers licensed on or before 4 April first, two thousand twenty may submit additional applications for 5 up to nine additional assisted living program beds on June thirtieth, 6 two thousand twenty, and by a deadline to be determined by the depart- 7 ment. Every two years thereafter, existing providers licensed on or 8 before April first of such year may submit such applications on June 9 thirtieth of such year, and by a deadline to be determined by the 10 department. The number of additional assisted living program beds shall 11 be based on the total number of previously awarded beds either withdrawn 12 by the applicant or denied by the department. 13 (l) The commissioner of health is authorized to solicit and award 14 applications for up to a total of five hundred new assisted living 15 program beds in those counties where there is one or no assisted living 16 program providers, pursuant to criteria to be determined by the commis- 17 sioner. 18 (m) The commissioner of health is authorized to solicit and award 19 applications for up to five hundred new assisted living program beds in 20 counties where utilization of existing assisted living program beds 21 exceeds eighty-five percent. All applicants shall comply with federal 22 home and community-based settings requirements, as set forth in 42 CFR 23 Part 441 Subpart G. To be eligible for an award, an applicant must agree 24 to: 25 (i) Serve only public pay individuals; 26 (ii) Develop and execute collaborative agreements within twenty-four 27 months of an application being made to the department, in accordance 28 with guidance to be published by the department, between at least one of 29 each of the following entities: an adult care facility; a residential 30 health care facility; and a general hospital; 31 (iii) Enter into an agreement with an existing managed care entity; 32 and 33 (iv) Participate in value based payment models, where such models are 34 available for participation. 35 (n) The commissioner of health is authorized to create a program to 36 subsidize the cost of assisted living for those individuals living with 37 Alzheimer's disease and dementia who are not eligible for medical 38 assistance pursuant to title eleven of article five of this chapter. The 39 program shall authorize up to two hundred vouchers to individuals 40 through an application process and pay for up to seventy-five percent of 41 the average private pay rate in the respective region. The commissioner 42 may propose rules and regulations to effectuate this provision. 43 § 3. Subparagraph (i) of paragraph (b) of subdivision 7 of section 44 4403-f of the public health law, as amended by section 41-b of part H of 45 chapter 59 of the laws of 2011, is amended to read as follows: 46 (i) The commissioner shall, to the extent necessary, submit the appro- 47 priate waivers, including, but not limited to, those authorized pursuant 48 to sections eleven hundred fifteen and nineteen hundred fifteen of the 49 federal social security act, or successor provisions, and any other 50 waivers necessary to achieve the purposes of high quality, integrated, 51 and cost effective care and integrated financial eligibility policies 52 under the medical assistance program or pursuant to title XVIII of the 53 federal social security act. In addition, the commissioner is authorized 54 to submit the appropriate waivers, including but not limited to those 55 authorized pursuant to sections eleven hundred fifteen and nineteen 56 hundred fifteen of the federal social security act or successorS. 7507--A 10 A. 9507--A 1 provisions, and any other waivers necessary to require on or after April 2 first, two thousand twelve, medical assistance recipients who are twen- 3 ty-one years of age or older and who require community-based long term 4 care services, as specified by the commissioner, for more than one 5 hundred and twenty days, to receive such services through an available 6 plan certified pursuant to this section or other program model that 7 meets guidelines specified by the commissioner that support coordination 8 and integration of services. Such guidelines shall address the require- 9 ments of paragraphs (a), (b), (c), (d), (e), (f), (g), (h), and (i) of 10 subdivision three of this section as well as payment methods that ensure 11 provider accountability for cost effective quality outcomes. Such other 12 program models may include long term home health care programs that 13 comply with such guidelines. Copies of such original waiver applications 14 and amendments thereto shall be provided to the chairs of the senate 15 finance committee, the assembly ways and means committee and the senate 16 and assembly health committees simultaneously with their submission to 17 the federal government. 18 On or after October first, two thousand eighteen, the commissioner 19 may, through such an approved waiver, limit enrollment in a plan certi- 20 fied under this section to individuals who achieve a score of nine or 21 above when assessed using the Uniform Assessment System for New York 22 assessment tool and who require community-based long term care services 23 for a continuous period of more than one hundred twenty days from the 24 date of enrollment and from the dates when continuing enrollment is 25 reauthorized; however, medical assistance recipients enrolled in a 26 managed long term care plan on October first, two thousand eighteen may 27 continue to be eligible for such plans, irrespective of whether the 28 enrollee meets these level of care requirements, provided that once such 29 recipients are disenrolled from their managed long term care plan, any 30 applicable level of care requirements would apply to future eligibility 31 determinations. 32 § 4. Subparagraphs (vii) and (viii) of paragraph (b) of subdivision 7 33 of section 4403-f of the public health law are redesignated as subpara- 34 graphs (viii) and (ix) and a new subparagraph (vii) is added to read as 35 follows: 36 (vii) If another managed long term care plan certified under this 37 section is available, medical assistance recipients required to enroll 38 in such plans pursuant to this section may change plans without cause 39 within thirty days of notification of enrollment or the effective date 40 of enrollment into a plan, whichever is later, by making a request of 41 the local social services district or entity designated by the depart- 42 ment, except that such period shall be forty-five days for recipients 43 who have been assigned to a provider by the commissioner. However, after 44 such thirty or forty-five day period, whichever is applicable, a recipi- 45 ent may be prohibited from changing plans more frequently than once 46 every twelve months, as permitted by federal law, except for good cause 47 as determined by the commissioner. 48 § 5. Clauses 11 and 12 of subparagraph (v) of paragraph (b) of subdi- 49 vision 7 of section 4403-f of the public health law, as amended by 50 section 48 of part A of chapter 56 of the laws of 2013, are amended to 51 read as follows: 52 (11) a person who is eligible for medical assistance pursuant to para- 53 graph (b) of subdivision four of section three hundred sixty-six of the 54 social services law; [and] 55 (12) Native Americans; andS. 7507--A 11 A. 9507--A 1 (13) a person who is permanently placed in a nursing home for a 2 consecutive period of six months or more. 3 § 6. Paragraph (a) of subdivision 3 of section 366 of the social 4 services law is REPEALED and a new paragraph (a) is added to read as 5 follows: 6 (a) Medical assistance shall be furnished without consideration of the 7 income and resources of an applicant's legally responsible relative if 8 the applicant's eligibility would normally be determined by comparing 9 the amount of available income and/or resources of the applicant, 10 including amounts deemed available to the applicant from legally respon- 11 sible relatives, to an applicable eligibility standard, and: 12 (1) (i) the legally responsible relative is a community spouse, as 13 defined in section three hundred sixty-six-c of this title; 14 (ii) such relative is refusing to make his or her income and/or 15 resources available to meet the cost of necessary medical care, 16 services, and supplies; and 17 (iii) the applicant executes an assignment of support from the commu- 18 nity spouse in favor of the social services district and the department, 19 unless the applicant is unable to execute such assignment due to phys- 20 ical or mental impairment or to deny assistance would create an undue 21 hardship, as defined by the commissioner; or 22 (2) the legally responsible relative is absent from the applicant's 23 household, and fails or refuses to make his or her income and/or 24 resources available to meet the cost of necessary medical care, 25 services, and supplies. 26 In such cases, however, the furnishing of such assistance shall create 27 an implied contract with such relative, and the cost thereof may be 28 recovered from such relative in accordance with title six of article 29 three of this chapter and other applicable provisions of law. 30 § 7. Subparagraph (i) of paragraph (d) of subdivision 2 of section 31 366-c of the social services law is amended by adding a new clause (C) 32 to read as follows: 33 (C) on and after July first, two thousand eighteen, twenty-four thou- 34 sand one hundred eighty dollars or such greater amount as may be 35 required under federal law; 36 § 8. Subdivision 1 of section 367-a of the social services law is 37 amended by adding a new paragraph (h) to read as follows: 38 (h) Amounts payable under this title for medical assistance in the 39 form of freestanding clinic services pursuant to article twenty-eight of 40 the public health law provided to eligible persons participating in the 41 New York traumatic brain injury waiver program who are also benefici- 42 aries under part B of title XVIII of the federal social security act or 43 who are qualified medicare beneficiaries under part B of title XVIII of 44 such act shall not be less than the approved medical assistance payment 45 level less the amount payable under part B. 46 § 9. The commissioner of health shall conduct a study of home and 47 community based services available to recipients of the Medicaid program 48 in rural areas of the state. Such study shall include a review and anal- 49 ysis of factors affecting such availability, including but not limited 50 to transportation costs, costs of direct care personnel including home 51 health aides, personal care attendants and other direct service person- 52 nel, opportunities for telehealth services, and technological advances 53 to improve efficiencies. Consistent with the results of the study, the 54 commissioner of health is authorized to provide a targeted Medicaid rate 55 enhancement to fee-for-service personal care rates and rates under Medi- 56 caid waiver programs such as the nursing home transition and diversionS. 7507--A 12 A. 9507--A 1 waiver and the traumatic brain injury program waiver, in an aggregate 2 amount of three million dollars minus the cost of conducting the study; 3 provided further, that nothing in this section shall be deemed to affect 4 payment for the costs of the study and any related Medicaid rate 5 enhancement if federal participation is not available for such costs. 6 § 10. This act shall take effect immediately; provided, however, that 7 the amendments made to paragraph (b) of subdivision 7 of section 4403-f 8 of the public health law made by sections three, four and five of this 9 act shall not affect the expiration of such paragraph pursuant to subdi- 10 vision (i) of section 111 of part H of chapter 59 of the laws of 2011, 11 as amended, and shall be deemed to expire therewith; provided, further, 12 that the amendments to paragraph (b) of subdivision 7 of section 4403-f 13 of the public health law made by sections three, four and five of this 14 act shall not affect the repeal of such section pursuant to chapter 659 15 of the laws of 1997, as amended, and shall be deemed repealed therewith; 16 provided, further, that section four of this act shall take effect on 17 October 1, 2018. 18 PART C 19 Section 1. Subdivision 2 of section 365-l of the social services law, 20 as amended by section 1 of part S of chapter 57 of the laws of 2017, is 21 amended to read as follows: 22 2. In addition to payments made for health home services pursuant to 23 subdivision one of this section, the commissioner is authorized to pay 24 additional amounts: (a) to providers of health home services that meet 25 process or outcome standards specified by the commissioner; and (b) to 26 Medicaid managed care enrollees who are members of health homes in the 27 form of incentive payments to reward such enrollees for participating in 28 wellness activities and for avoiding unnecessary hospitalizations and 29 unnecessary utilization of hospital emergency department services. Such 30 additional amounts may be paid with state funds only if federal finan- 31 cial participation for such payments is unavailable. 32 § 2. Section 365-l of the social services law is amended by adding a 33 new subdivision 2-d to read as follows: 34 2-d. The commissioner shall establish targets for health home partic- 35 ipation by enrollees of special needs managed care plans designated 36 pursuant to subdivision four of section three hundred sixty-five-m of 37 this title and by high-risk enrollees of other Medicaid managed care 38 plans operating pursuant to section three hundred sixty-four-j of this 39 title, and shall require the managed care providers to work collabora- 40 tively with health homes to achieve such targets. The commissioner may 41 assess penalties under this subdivision against managed care providers 42 that fail to meet the participation targets established pursuant to this 43 subdivision, except that managed care providers shall not be penalized 44 for the failure of a health home to work collaboratively toward meeting 45 the participation targets. 46 § 3. Subdivision 6 of section 2899 of the public health law, as 47 amended by chapter 471 of the laws of 2016, is amended to read as 48 follows: 49 6. "Provider" shall mean (a) any residential health care facility 50 licensed under article twenty-eight of this chapter; or any certified 51 home health agency, licensed home care services agency or long term home 52 health care program certified under article thirty-six of this chapter; 53 any hospice program certified pursuant to article forty of this chapter; 54 or any adult home, enriched housing program or residence for adultsS. 7507--A 13 A. 9507--A 1 licensed under article seven of the social services law; or (b) a health 2 home, or any subcontractor of such health home, who contracts with or is 3 approved or otherwise authorized by the department to provide health 4 home services to all those enrolled pursuant to a diagnosis of a devel- 5 opmental disability as defined in subdivision twenty-two of section 1.03 6 of the mental hygiene law and enrollees who are under twenty-one years 7 of age under section three hundred sixty-five-l of the social services 8 law, or any entity that provides home and community based services to 9 enrollees who are under twenty-one years of age under a demonstration 10 program pursuant to section eleven hundred fifteen of the federal social 11 security act. 12 § 4. Paragraph (b) of subdivision 9 of section 2899-a of the public 13 health law, as added by chapter 331 of the laws of 2006, is amended to 14 read as follows: 15 (b) Residential health care facilities licensed pursuant to article 16 twenty-eight of this chapter and certified home health care agencies and 17 long-term home health care programs certified or approved pursuant to 18 article thirty-six of this chapter or a health home, or any subcontrac- 19 tor of such health home, who contracts with or is approved or otherwise 20 authorized by the department to provide health home services to all 21 those enrolled pursuant to a diagnosis of a developmental disability as 22 defined in subdivision twenty-two of section 1.03 of the mental hygiene 23 law and enrollees who are under twenty-one years of age under section 24 three hundred sixty-five-l of the social services law, or any entity 25 that provides home and community based services to enrollees who are 26 under twenty-one years of age under a demonstration program pursuant to 27 section eleven hundred fifteen of the federal social security act, may, 28 subject to the availability of federal financial participation, claim as 29 reimbursable costs under the medical assistance program, costs reflect- 30 ing the fee established pursuant to law by the division of criminal 31 justice services for processing a criminal history information check, 32 the fee imposed by the federal bureau of investigation for a national 33 criminal history check, and costs associated with obtaining the finger- 34 prints, provided, however, that for the purposes of determining rates of 35 payment pursuant to article twenty-eight of this chapter for residential 36 health care facilities, such reimbursable fees and costs shall be 37 reflected as timely as practicable in such rates within the applicable 38 rate period. 39 § 5. Subdivision 10 of section 2899-a of the public health law, as 40 amended by chapter 206 of the laws of 2017, is amended to read as 41 follows: 42 10. Notwithstanding subdivision eleven of section eight hundred 43 forty-five-b of the executive law, a certified home health agency, 44 licensed home care services agency or long term home health care program 45 certified, licensed or approved under article thirty-six of this chapter 46 or a home care services agency exempt from certification or licensure 47 under article thirty-six of this chapter, a hospice program under arti- 48 cle forty of this chapter, or an adult home, enriched housing program or 49 residence for adults licensed under article seven of the social services 50 law, or a health home, or any subcontractor of such health home, who 51 contracts with or is approved or otherwise authorized by the department 52 to provide health home services to all enrollees enrolled pursuant to a 53 diagnosis of a developmental disability as defined in subdivision twen- 54 ty-two of section 1.03 of the mental hygiene law and enrollees who are 55 under twenty-one years of age under section three hundred sixty-five-l 56 of the social services law, or any entity that provides home and commu-S. 7507--A 14 A. 9507--A 1 nity based services to enrollees who are under twenty-one years of age 2 under a demonstration program pursuant to section eleven hundred fifteen 3 of the federal social security act may temporarily approve a prospective 4 employee while the results of the criminal history information check and 5 the determination are pending, upon the condition that the provider 6 conducts appropriate direct observation and evaluation of the temporary 7 employee, while he or she is temporarily employed, and the care recipi- 8 ent. The results of such observations shall be documented in the tempo- 9 rary employee's personnel file and shall be maintained. For purposes of 10 providing such appropriate direct observation and evaluation, the 11 provider shall utilize an individual employed by such provider with a 12 minimum of one year's experience working in an agency certified, 13 licensed or approved under article thirty-six of this chapter or an 14 adult home, enriched housing program or residence for adults licensed 15 under article seven of the social services law, a health home, or any 16 subcontractor of such health home, who contracts with or is approved or 17 otherwise authorized by the department to provide health home services 18 to those enrolled pursuant to a diagnosis of a developmental disability 19 as defined in subdivision twenty-two of section 1.03 of the mental 20 hygiene law and enrollees who are under twenty-one years of age under 21 section three hundred sixty-five-l of the social services law, or any 22 entity that provides home and community based services to enrollees who 23 are under twenty-one years of age under a demonstration program pursuant 24 to section eleven hundred fifteen of the federal social security act. If 25 the temporary employee is working under contract with another provider 26 certified, licensed or approved under article thirty-six of this chap- 27 ter, such contract provider's appropriate direct observation and evalu- 28 ation of the temporary employee, shall be considered sufficient for the 29 purposes of complying with this subdivision. 30 § 6. Subdivision 3 of section 424-a of the social services law, as 31 amended by section 3 of part Q of chapter 56 of the laws of 2017, is 32 amended to read as follows: 33 3. For purposes of this section, the term "provider" or "provider 34 agency" shall mean: an authorized agency; the office of children and 35 family services; juvenile detention facilities subject to the certif- 36 ication of the office of children and family services; programs estab- 37 lished pursuant to article nineteen-H of the executive law; non-residen- 38 tial or residential programs or facilities licensed or operated by the 39 office of mental health or the office for people with developmental 40 disabilities except family care homes; licensed child day care centers, 41 including head start programs which are funded pursuant to title V of 42 the federal economic opportunity act of nineteen hundred sixty-four, as 43 amended; early intervention service established pursuant to section 44 twenty-five hundred forty of the public health law; preschool services 45 established pursuant to section forty-four hundred ten of the education 46 law; school-age child care programs; special act school districts as 47 enumerated in chapter five hundred sixty-six of the laws of nineteen 48 hundred sixty-seven, as amended; programs and facilities licensed by the 49 office of alcoholism and substance abuse services; residential schools 50 which are operated, supervised or approved by the education department; 51 health homes, or any subcontract or of such health homes, who contracts 52 with or is approved or otherwise authorized by the department of health 53 to provide health home services to all those enrolled pursuant to a 54 diagnosis of a developmental disability as defined in subdivision twen- 55 ty-two of section 1.03 of the mental hygiene law and enrollees who are 56 under twenty-one years of age under section three hundred sixty-five-lS. 7507--A 15 A. 9507--A 1 of this chapter, or any entity that provides home and community based 2 services to enrollees who are under twenty-one years of age under a 3 demonstration program pursuant to section eleven hundred fifteen of the 4 federal social security act; publicly-funded emergency shelters for 5 families with children, provided, however, for purposes of this section, 6 when the provider or provider agency is a publicly-funded emergency 7 shelter for families with children, then all references in this section 8 to the "potential for regular and substantial contact with individuals 9 who are cared for by the agency" shall mean the potential for regular 10 and substantial contact with children who are served by such shelter; 11 and any other facility or provider agency, as defined in subdivision 12 four of section four hundred eighty-eight of this chapter, in regard to 13 the employment of staff, or use of providers of goods and services and 14 staff of such providers, consultants, interns and volunteers. 15 § 7. Paragraph (a) of subdivision 1 of section 413 of the social 16 services law, as amended by section 2 of part Q of chapter 56 of the 17 laws of 2017, is amended to read as follows: 18 (a) The following persons and officials are required to report or 19 cause a report to be made in accordance with this title when they have 20 reasonable cause to suspect that a child coming before them in their 21 professional or official capacity is an abused or maltreated child, or 22 when they have reasonable cause to suspect that a child is an abused or 23 maltreated child where the parent, guardian, custodian or other person 24 legally responsible for such child comes before them in their profes- 25 sional or official capacity and states from personal knowledge facts, 26 conditions or circumstances which, if correct, would render the child an 27 abused or maltreated child: any physician; registered physician assist- 28 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 29 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 30 psychologist; registered nurse; social worker; emergency medical techni- 31 cian; licensed creative arts therapist; licensed marriage and family 32 therapist; licensed mental health counselor; licensed psychoanalyst; 33 licensed behavior analyst; certified behavior analyst assistant; hospi- 34 tal personnel engaged in the admission, examination, care or treatment 35 of persons; a Christian Science practitioner; school official, which 36 includes but is not limited to school teacher, school guidance counse- 37 lor, school psychologist, school social worker, school nurse, school 38 administrator or other school personnel required to hold a teaching or 39 administrative license or certificate; full or part-time compensated 40 school employee required to hold a temporary coaching license or profes- 41 sional coaching certificate; social services worker; employee of a publ- 42 icly-funded emergency shelter for families with children; director of a 43 children's overnight camp, summer day camp or traveling summer day camp, 44 as such camps are defined in section thirteen hundred ninety-two of the 45 public health law; day care center worker; school-age child care worker; 46 provider of family or group family day care; employee or volunteer in a 47 residential care facility for children that is licensed, certified or 48 operated by the office of children and family services; or any other 49 child care or foster care worker; mental health professional; substance 50 abuse counselor; alcoholism counselor; all persons credentialed by the 51 office of alcoholism and substance abuse services; employees of a health 52 home or health home care management agency contracting with a health 53 home as designated by the department of health and authorized under 54 section three hundred sixty-five-l of this chapter or such employees who 55 provide home and community based services under a demonstration program 56 pursuant to section eleven hundred fifteen of the federal social securi-S. 7507--A 16 A. 9507--A 1 ty act; peace officer; police officer; district attorney or assistant 2 district attorney; investigator employed in the office of a district 3 attorney; or other law enforcement official. 4 § 8. Section 364-j of the social services law is amended by adding a 5 new subdivision 34 to read as follows: 6 34. (a) The commissioner may, in his or her discretion, apply penal- 7 ties to managed care providers that do not submit a performing provider 8 system partnership plan by July first, two thousand eighteen, in accord- 9 ance with any submission guidelines issued by the department prior ther- 10 eto. For purposes of this subdivision, "performing provider system part- 11 nership plan" shall mean a plan submitted by such managed care providers 12 to the department that includes both short and long term approaches for 13 effective collaboration with each performing provider system within its 14 service area. 15 (b) Such penalties shall be as follows: for managed care providers 16 that do not submit a performing provider system partnership plan in 17 accordance with this subdivision, Medicaid premiums shall be reduced by 18 eighty-five one-hundredths of one percent for the rate period from April 19 first, two thousand eighteen through March thirty-first, two thousand 20 nineteen. 21 § 9. This act shall take effect immediately; provided, however, that 22 the amendments made to subdivision 6 of section 2899 of the public 23 health law made by section three of this act shall take effect on the 24 same date and in the same manner as section 8 of chapter 471 of the laws 25 of 2016, as amended, takes effect and shall not affect the expiration of 26 such subdivision and shall be deemed expired therewith; provided 27 further, however, that the amendments made to section 364-j of the 28 social services law made by section eight of this act shall not affect 29 the repeal of such section and shall be deemed repealed therewith. 30 PART D 31 Section 1. Paragraph (d) of subdivision 9 of section 367-a of the 32 social services law, as amended by section 7 of part D of chapter 57 of 33 the laws of 2017, is amended to read as follows: 34 (d) In addition to the amounts paid pursuant to paragraph (b) of this 35 subdivision, the department shall pay a professional pharmacy dispensing 36 fee for each such drug dispensed in the amount of ten dollars and eight 37 cents per prescription or written order of a practitioner; provided, 38 however that this professional dispensing fee will not apply to drugs 39 that are available without a prescription as required by section sixty- 40 eight hundred ten of the education law but do not meet the definition of 41 a covered outpatient drug pursuant to Section 1927K of the Social Secu- 42 rity Act. 43 § 2. Paragraph (a) of subdivision 4 of section 365-a of the social 44 services law, as amended by chapter 493 of the laws of 2010, is amended 45 to read as follows: 46 (a) drugs which may be dispensed without a prescription as required by 47 section sixty-eight hundred ten of the education law; provided, however, 48 that the state commissioner of health may by regulation specify certain 49 of such drugs which may be reimbursed as an item of medical assistance 50 in accordance with the price schedule established by such commissioner. 51 Notwithstanding any other provision of law, [additions] modifications to 52 the list of drugs reimbursable under this paragraph may be filed as 53 regulations by the commissioner of health without prior notice and 54 comment;S. 7507--A 17 A. 9507--A 1 § 3. Paragraph (c) of subdivision 6 of section 367-a of the social 2 services law is amended by adding a new subparagraph (v) to read as 3 follows: 4 (v) Notwithstanding any other provision of this paragraph, co-payments 5 charged for drugs dispensed without a prescription as required by 6 section sixty-eight hundred ten of the education law but which are reim- 7 bursed as an item of medical assistance pursuant to paragraph (a) of 8 subdivision four of section three hundred sixty-five-a of this title 9 shall be one dollar. 10 § 4. Paragraph (b) of subdivision 3 of section 273 of the public 11 health law, as added by section 10 of part C of chapter 58 of the laws 12 of 2005, is amended to read as follows: 13 (b) In the event that the patient does not meet the criteria in para- 14 graph (a) of this subdivision, the prescriber may provide additional 15 information to the program to justify the use of a prescription drug 16 that is not on the preferred drug list. The program shall provide a 17 reasonable opportunity for a prescriber to reasonably present his or her 18 justification of prior authorization. [If, after consultation with the19program, the prescriber, in his or her reasonable professional judgment,20determines that the use of a prescription drug that is not on the21preferred drug list is warranted, the prescriber's determination shall22be final.] The program will consider the additional information and the 23 justification presented to determine whether the use of a prescription 24 drug that is not on the preferred drug list is warranted. 25 § 5. Subdivisions 25 and 25-a of section 364-j of the social services 26 law are REPEALED. 27 § 6. The public health law is amended by adding a new section 280-c to 28 read as follows: 29 § 280-c. Comprehensive medication management. 1. Definitions. For 30 purposes of this section: 31 (a) Qualified pharmacist. The term "qualified pharmacist" shall mean a 32 pharmacist who maintains a current unrestricted license pursuant to 33 article one hundred thirty-seven of the education law, who has a minimum 34 of two years of experience in patient care as a practicing pharmacist 35 within the last five years, and who has demonstrated competency in the 36 medication management of patients with a chronic disease or diseases, 37 including but not limited to, the completion of one or more programs 38 which are accredited by the accreditation council for pharmacy educa- 39 tion, recognized by the education department and acceptable to the 40 patient's treating physician. 41 (b) Comprehensive medication management. The term "comprehensive medi- 42 cation management" shall mean a program conducted by a qualified pharma- 43 cist that ensures a patient's medications, whether prescription or 44 nonprescription, are individually assessed to determine that each medi- 45 cation is appropriate for the patient, effective for the medical condi- 46 tion, safe given comorbidities and other medications being taken, and 47 able to be taken by the patient as intended. Comprehensive medication 48 management conducted by a qualified pharmacist shall include sharing of 49 applicable patient clinical information with the treating physician as 50 specified in the comprehensive medication management protocol. 51 (c) Comprehensive medication management protocol. The term "comprehen- 52 sive medication management protocol" means a written document pursuant 53 to and consistent with any applicable state and federal requirements, 54 that is entered into voluntarily by either a physician licensed pursuant 55 to article one hundred thirty-one of the education law or a nurse prac- 56 titioner certified pursuant to section sixty-nine hundred ten of theS. 7507--A 18 A. 9507--A 1 education law, and a qualified pharmacist which addresses a chronic 2 disease or diseases as determined by the treating physician or nurse 3 practitioner and that describes the nature and scope of the comprehen- 4 sive medication management services to be performed by the qualified 5 pharmacist, in accordance with the provisions of this section. Compre- 6 hensive medication management protocols between licensed physicians or 7 nurse practitioners and qualified pharmacists shall be made available to 8 the department for review and to ensure compliance with this article, 9 upon request. 10 2. Authorization to establish comprehensive medication management 11 protocols. A physician licensed pursuant to article one hundred thirty- 12 one of the education law or a nurse practitioner certified pursuant to 13 section sixty-nine hundred ten of the education law shall be authorized 14 to voluntarily establish a comprehensive medication management protocol 15 with a qualified pharmacist to provide comprehensive medication manage- 16 ment services for a patient who has not met clinical goals of therapy, 17 is at risk for hospitalization, or for whom the physician or nurse prac- 18 titioner deems it is necessary to receive comprehensive medication 19 management services. Participation by the patient in comprehensive medi- 20 cation management services shall be voluntary. 21 3. Scope of comprehensive medication management protocols. (a) Under a 22 comprehensive medication management protocol, a qualified pharmacist 23 shall be permitted to: 24 (i) adjust or manage a drug regimen for the patient, pursuant to the 25 patient specific order or protocol established by the patient's treating 26 physician or nurse practitioner, which may include adjusting drug 27 strength, frequency of administration or route of administration. 28 Adjusting the drug regimen shall not include substituting or selecting a 29 different drug which differs from that initially prescribed by the 30 patient's treating physician or nurse practitioner unless such substi- 31 tution is expressly authorized in the written order or protocol. The 32 qualified pharmacist shall be required to immediately document in the 33 patient's medical record changes made to the drug therapy. The patient's 34 treating physician or nurse practitioner may prohibit, by written 35 instruction, any adjustment or change in the patient's drug regimen by 36 the qualified pharmacist; 37 (ii) evaluate and only if specifically authorized by the protocol, and 38 only to the extent necessary to discharge the responsibility set forth 39 in this section, order or perform routine patient monitoring functions 40 or disease state laboratory tests related to the drug therapy comprehen- 41 sive medication management for the specific chronic disease or diseases 42 specified within the written agreement or comprehensive medication 43 management protocol; 44 (iii) only if specifically authorized by the written order or protocol 45 and only to the extent necessary to discharge the responsibilities set 46 forth in this section, order or perform routine patient monitoring func- 47 tions as may be necessary in the drug therapy management, including the 48 collecting and reviewing of patient histories, and ordering or checking 49 patient vital signs, including pulse, temperature, blood pressure, 50 weight and respiration; and 51 (iv) access the complete patient medical record maintained by the 52 treating physician or nurse practitioner with whom the qualified pharma- 53 cist has the comprehensive medication management protocol and shall 54 document any adjustments made pursuant to the protocol in the patient's 55 medical record and shall notify the patient's treating physician orS. 7507--A 19 A. 9507--A 1 nurse practitioner of any adjustments in a timely manner electronically 2 or by other means. 3 (b) Under no circumstances shall the qualified pharmacist be permitted 4 to delegate comprehensive medication management services to any other 5 licensed pharmacist or other pharmacy personnel. 6 4. Medication adjustments. Any medication adjustments made by the 7 qualified pharmacist pursuant to the comprehensive medication management 8 protocol, including adjustments in drug strength, frequency or route of 9 administration, or initiation of a drug which differs from that initial- 10 ly prescribed and as documented in the patient medical record, shall be 11 deemed an oral prescription authorized by an agent of the patient's 12 treating physician or nurse practitioner and shall be dispensed consist- 13 ent with section sixty-eight hundred ten of the education law. For the 14 purposes of this section, a pharmacist who is not an employee of the 15 physician or nurse practitioner may be authorized to serve as an agent 16 of the physician or nurse practitioner. 17 5. Referrals. A physician licensed pursuant to article one hundred 18 thirty-one of the education law or a nurse practitioner certified pursu- 19 ant to section sixty-nine hundred ten of the education law, who has 20 responsibility for the treatment and care of a patient for a chronic 21 disease or diseases as determined by the physician or nurse practitioner 22 may refer the patient to a qualified pharmacist for comprehensive medi- 23 cation management services, pursuant to the comprehensive medication 24 management protocol that the physician or nurse practitioner has estab- 25 lished with the qualified pharmacist. The protocol agreement shall 26 authorize the pharmacist to serve as an agent of the physician or nurse 27 practitioner as defined by the protocol. Such referral shall be docu- 28 mented in the patient's medical record. 29 6. Patient participation. Participation in comprehensive medication 30 management services shall be voluntary, and no patient, physician, nurse 31 practitioner or pharmacist shall be required to participate. The refer- 32 ral of a patient for comprehensive medication management services and 33 the patient's right to choose not to participate shall be disclosed to 34 the patient. Comprehensive medication management services shall not be 35 utilized unless the patient or the patient's authorized representative 36 consents, in writing, to such services. Such consent shall be noted in 37 the patient's medical record. If the patient or the patient's authorized 38 representative who consented chooses to no longer participate in such 39 services, at any time, the services shall be discontinued and it shall 40 be noted in the patient's medical record. 41 § 7. Subdivision 4 of section 365-a of the social services law is 42 amended by adding a new paragraph (h) to read as follows: 43 (h) opioids prescribed to a patient initiating or being maintained on 44 opioid treatment for pain which has lasted more than three months or 45 past the time of normal tissue healing, unless the medical record 46 contains a written treatment plan that includes: goals for pain manage- 47 ment and functional improvement based on diagnosis; information on 48 whether non-opioid therapies have been tried and optimized or are 49 contraindicated; a statement that the prescriber has explained to the 50 patient the risks of and alternatives to opioid treatment; an evaluation 51 of the patient for risk factors of harm and misuse of opioids; an 52 assessment of the patient's adherence to treatment with respect to other 53 conditions treated by the same provider; the signature of the patient 54 and/or an attestation by the prescriber that the patient verbally agreed 55 to the treatment plan; and any other information required by the depart- 56 ment. Such treatment plan shall be updated twice within the year imme-S. 7507--A 20 A. 9507--A 1 diately following its initiation and annually thereafter. The require- 2 ments of this paragraph shall not apply in the case of patients who are 3 being treated for cancer that is not in remission, who are in hospice or 4 other end-of-life care, or whose pain is being treated as part of palli- 5 ative care practices. 6 § 8. Subdivision 2 of section 280 of the public health law, as amended 7 by section 1 of part D of chapter 57 of the laws of 2017, is amended to 8 read as follows: 9 2. The commissioner shall establish a year to year department of 10 health state-funds Medicaid drug spending growth target as follows: 11 (a) for state fiscal year two thousand seventeen--two thousand eigh- 12 teen, be limited to the ten-year rolling average of the medical compo- 13 nent of the consumer price index plus five percent and minus a pharmacy 14 savings target of fifty-five million dollars; [and] 15 (b) for state fiscal year two thousand eighteen--two thousand nine- 16 teen, be limited to the ten-year rolling average of the medical compo- 17 nent of the consumer price index plus four percent and minus a pharmacy 18 savings target of eighty-five million dollars[.]; and 19 (c) for state fiscal year two thousand nineteen--two thousand twenty, 20 be limited to the ten-year rolling average of the medical component of 21 the consumer price index plus four percent and minus a pharmacy savings 22 target of eighty-five million dollars. 23 § 9. This act shall take effect immediately and shall be deemed to 24 have been in full force and effect on and after April 1, 2018; provided, 25 however, that sections two and three of this act shall take effect July 26 1, 2018; and provided further, however, that the amendments to paragraph 27 (d) of subdivision 9 and paragraph (c) of subdivision 6 of section 28 367-a of the social services law made by sections one and three, respec- 29 tively, of this act shall not affect the expiration or repeal of such 30 provisions and shall expire or be deemed repealed therewith. 31 PART E 32 Section 1. Subdivision 4 of section 365-h of the social services law, 33 as separately amended by section 50 of part B and section 24 of part D 34 of chapter 57 of the laws of 2015, is amended to read as follows: 35 4. The commissioner of health is authorized to assume responsibility 36 from a local social services official for the provision and reimburse- 37 ment of transportation costs under this section. If the commissioner 38 elects to assume such responsibility, the commissioner shall notify the 39 local social services official in writing as to the election, the date 40 upon which the election shall be effective and such information as to 41 transition of responsibilities as the commissioner deems prudent. The 42 commissioner is authorized to contract with a transportation manager or 43 managers to manage transportation services in any local social services 44 district, other than transportation services provided or arranged for 45 enrollees of [managed long term care plans issued certificates of46authority under section forty-four hundred three-f of the public health47law] a program designated as a Program of All-Inclusive Care for the 48 Elderly (PACE) as authorized by Federal Public law 105-33, subtitle I of 49 title IV of the Balanced Budget Act of 1997. Any transportation manager 50 or managers selected by the commissioner to manage transportation 51 services shall have proven experience in coordinating transportation 52 services in a geographic and demographic area similar to the area in New 53 York state within which the contractor would manage the provision of 54 services under this section. Such a contract or contracts may includeS. 7507--A 21 A. 9507--A 1 responsibility for: review, approval and processing of transportation 2 orders; management of the appropriate level of transportation based on 3 documented patient medical need; and development of new technologies 4 leading to efficient transportation services. If the commissioner elects 5 to assume such responsibility from a local social services district, the 6 commissioner shall examine and, if appropriate, adopt quality assurance 7 measures that may include, but are not limited to, global positioning 8 tracking system reporting requirements and service verification mech- 9 anisms. Any and all reimbursement rates developed by transportation 10 managers under this subdivision shall be subject to the review and 11 approval of the commissioner. 12 § 2. The opening paragraph of subdivision 1 and subdivision 3 of 13 section 367-s of the social services law, as amended by section 53 of 14 part B of chapter 57 of the laws of 2015, are amended to read as 15 follows: 16 Notwithstanding any provision of law to the contrary, a supplemental 17 medical assistance payment shall be made on an annual basis to providers 18 of emergency medical transportation services in an aggregate amount not 19 to exceed four million dollars for two thousand six, six million dollars 20 for two thousand seven, six million dollars for two thousand eight, six 21 million dollars for the period May first, two thousand fourteen through 22 March thirty-first, two thousand fifteen, and six million dollars [annu-23ally beginning with] on an annual basis for the period April first, two 24 thousand fifteen through March thirty-first, two thousand [sixteen] 25 eighteen pursuant to the following methodology: 26 3. If all necessary approvals under federal law and regulation are not 27 obtained to receive federal financial participation in the payments 28 authorized by this section, payments under this section shall be made in 29 an aggregate amount not to exceed two million dollars for two thousand 30 six, three million dollars for two thousand seven, three million dollars 31 for two thousand eight, three million dollars for the period May first, 32 two thousand fourteen through March thirty-first, two thousand fifteen, 33 and three million dollars [annually beginning with] on an annual basis 34 for the period April first, two thousand fifteen through March thirty- 35 first, two thousand [sixteen] eighteen. In such case, the multiplier 36 set forth in paragraph (b) of subdivision one of this section shall be 37 deemed to be two million dollars or three million dollars as applicable 38 to the annual period. 39 § 3. Subdivision 5 of section 365-h of the social services law is 40 REPEALED. 41 § 4. This act shall take effect immediately and shall be deemed to 42 have been in full force and effect on and after April 1, 2018; provided, 43 however, that section one of this act shall take effect October 1, 2018; 44 provided, further that the amendments to subdivision 4 of section 365-h 45 of the social services law made by section one of this act shall not 46 affect the repeal of such section and shall expire and be deemed 47 repealed therewith. 48 PART F 49 Section 1. Notwithstanding any inconsistent provision of law, rule or 50 regulation to the contrary, if a Medicaid managed care plan or managed 51 long term care plan that has been issued a certificate of authority 52 pursuant to article 44 of the public health law and that satisfies the 53 definition of corporation in subparagraph 5 of paragraph (a) of section 54 102 of the not-for-profit corporation law or is exempt from taxationS. 7507--A 22 A. 9507--A 1 under section 501 of the Internal Revenue Code of 1986 has an aggregate 2 accumulated contingent reserve, across all of its Medicaid lines of 3 business, in an amount that exceeds the minimum contingent reserve 4 amount required by regulations of the department of health, the commis- 5 sioner of health shall be authorized to make prospective adjustments to 6 the Medicaid capitation rates of such plan and shall apply any relevant 7 criteria as determined necessary in his or her discretion, in order to 8 achieve a reduction in Medicaid reimbursement to the plan equal to the 9 amount of the excess, or such lesser amount as determined by the commis- 10 sioner of health. 11 § 2. This act shall take effect April 1, 2018. 12 PART G 13 Section 1. The public health law is amended by adding a new article 14 29-J to read as follows: 15 ARTICLE 29-J 16 HEALTH SERVICES OFFERED BY RETAIL PRACTICES 17 Section 2999-hh. Definitions. 18 2999-ii. Retail practice sponsors. 19 2999-jj. Retail practices. 20 2999-kk. Accreditation. 21 2999-ll. Other laws. 22 § 2999-hh. Definitions. For purposes of this article: 23 1. "Reportable event" shall mean: 24 (a) the transfer of an individual who visits a retail practice to a 25 hospital or emergency department during such visit; or 26 (b) the death of an individual who visits a retail practice during 27 such visit. 28 2. "Collaborative relationship" shall mean an arrangement between a 29 retail practice and one or more of the following entities located within 30 the same geographic region as the retail practice, designed to facili- 31 tate development and implementation of strategies that support the 32 provision of coordinated care within the population served by the 33 parties to such relationship: 34 (a) a hospital licensed pursuant to article twenty-eight of this chap- 35 ter; 36 (b) a physician practice; 37 (c) an accountable care organization certified pursuant to article 38 twenty-nine-E of this chapter; or 39 (d) a performing provider system under the delivery system reform 40 incentive payment program. 41 3. "Retail health services" shall mean the services offered and 42 provided by a retail practice. 43 (a) Retail health services shall include: 44 (i) the provision of treatment and services to patients for minor 45 acute episodic illnesses or conditions; 46 (ii) episodic preventive and wellness treatments and services such as 47 immunizations, except as otherwise specified in paragraph (c) of this 48 subdivision; 49 (iii) treatment and services for minor traumas that are not reasonably 50 likely to be life threatening or potentially disabling if ambulatory 51 care within the capacity of the retail practice is provided; 52 (iv) administration of an opioid antagonist in the event of an emer- 53 gency; and 54 (v) limited screening and referral for behavioral health conditions.S. 7507--A 23 A. 9507--A 1 (b) Retail health services may include laboratory tests at the option 2 of the retail practice, provided that: 3 (i) such tests are administered solely as an adjunct to treatment of 4 patients visiting the retail practice, with all specimens collected and 5 testing performed on-site; 6 (ii) such tests are "waived tests", meaning a clinical laboratory test 7 that has been designated as a waived test or is otherwise subject to 8 certificate of waiver requirements pursuant to the federal clinical 9 laboratory improvement act of nineteen hundred eighty-eight, as amended; 10 and 11 (iii) the retail practice obtains approval from the department pursu- 12 ant to section five hundred seventy-nine of this chapter. 13 (c) Retail health services shall not include: 14 (i) the performance of procedures involving the provision of sedation 15 or anesthesia; 16 (ii) the provision of services to patients twenty-four months of age 17 or younger; 18 (iii) the provision of immunizations to patients between twenty-four 19 months and eighteen years of age, other than immunizations against 20 influenza; 21 (iv) services provided by pharmacists pursuant to article one hundred 22 thirty-seven of the education law; 23 (v) health services provided on-site by an employer to its employees 24 in a retail business operation; 25 (v) health services provided on a time-limited basis such as flu clin- 26 ics or health fairs; or 27 (vi) educational courses offered to individuals on health topics, 28 including instruction in self-management of medical conditions. 29 4. "Retail practice" shall mean an entity which: 30 (a) is located within the space of a retail business operation open to 31 the general public, such that customer access to the retail practice 32 location is available within the main premises of the retail operation; 33 (b) provides retail health services, as defined in subdivision three 34 of this section; 35 (c) is established and overseen by a retail practice sponsor, as 36 defined in subdivision five of this section; 37 (d) is staffed at all times by, at a minimum, one or more of the 38 following: a physician licensed pursuant to article one hundred thir- 39 ty-one of the education law, a physician assistant licensed pursuant to 40 article one hundred thirty-one-A of the education law, and/or a nurse 41 practitioner licensed pursuant to article one hundred thirty-nine of the 42 education law; provided that no more than four physician assistants 43 employed by a retail practice sponsor shall be supervised by a single 44 physician; and 45 (e) is accredited as set forth in section twenty-nine hundred ninety- 46 nine-kk of this article. 47 5. "Retail practice sponsor" shall mean an entity formed under the 48 laws of the state of New York, which may include stockholders or members 49 which are not natural persons, and which operates one or more retail 50 practices. Retail practice sponsors may include business corporations, 51 and general hospitals, nursing homes, and diagnostic and treatment 52 centers licensed pursuant to article twenty-eight of this chapter. 53 § 2999-ii. Retail practice sponsors. 1. Notwithstanding any law to the 54 contrary, a retail practice sponsor may operate one or more retail prac- 55 tices to provide retail health services in accordance with this article. 56 2. A retail practice sponsor shall:S. 7507--A 24 A. 9507--A 1 (a) employ or otherwise retain the services of a medical director who 2 is licensed and currently registered to practice medicine in the state 3 of New York to oversee the development of and adherence to medical poli- 4 cies and procedures used in the retail practices operated by the retail 5 practice sponsor; 6 (b) establish and maintain policies and procedures requiring retail 7 practices to comply with the provisions of section twenty-nine hundred 8 ninety-nine-jj of this article; 9 (c) notify the department when it is prepared to commence operation of 10 a retail practice by: 11 (i) identifying the corporate name of the retail practice sponsor, 12 providing documentation of its organization under the laws of the state 13 of New York, and identifying the individual who will serve as the point 14 of contact between the retail practice sponsor and the department; 15 (ii) identifying the location of the retail practice, the services to 16 be offered by the retail practice, the name of the individual employed 17 with the overall responsibility for the on-site management of the retail 18 practice, and the staffing plan for the retail practice; 19 (iii) identifying the entities with which the retail practice will 20 collaborate pursuant to subdivision two of section twenty-nine hundred 21 ninety-nine-hh of this article; and 22 (iv) identifying the date on which it anticipates that the retail 23 practice will be open for business; 24 (d) promptly update the department as to any changes in the informa- 25 tion required under subdivision three of this section; and 26 (e) provide information to the department at a frequency and in a 27 manner determined by the department, which at a minimum shall include an 28 annual report that provides data, for each retail practice operated by 29 the retail practice, on: 30 (i) the number of visits that occurred during the timeframe identified 31 by the department; 32 (ii) the services provided to patients; 33 (iii) the source of payment for services provided; 34 (iv) the number of referrals to primary care practitioners made; and 35 (v) the number of reportable events that occurred. 36 3. (a) In discharging the duties of their respective positions, the 37 board of directors, committees of the board, and individual directors 38 and officers of a retail practice sponsor that operates three or more 39 retail practices shall consider the effects of any action upon: 40 (i) the ability of the business corporation to accomplish its purpose; 41 (ii) the shareholders of the business corporation; 42 (iii) the interests of patients of the retail practices; 43 (iv) community and societal considerations, including those of the 44 communities in which retail practices are located. 45 (b) The consideration of interests and factors in the manner required 46 in paragraph (a) of this subdivision: 47 (i) shall not constitute a violation of the provisions of section 48 seven hundred fifteen or seven hundred seventeen of the business corpo- 49 ration law; and 50 (ii) is in addition to the ability of directors to consider interests 51 and factors as provided in section seven hundred seventeen of the busi- 52 ness corporation law. 53 (c) A retail practice sponsor that operates three or more retail prac- 54 tices shall publish on a publicly available website a description of how 55 its operation of existing and planned retail practices:S. 7507--A 25 A. 9507--A 1 (i) will improve access to services in the communities where they are 2 located; 3 (ii) supports a commitment to offer assistance to individuals who do 4 not have health care coverage; 5 (iii) supports an overall commitment by the retail practice sponsor to 6 operate some of its retail practices in medically underserved areas of 7 the state as defined by the commissioner; and 8 (iv) will otherwise benefit the communities where they are located. 9 § 2999-jj. Retail practices. 1. Retail health services shall not be 10 provided in a retail business operation open to the public except in 11 accordance with this article. 12 2. Notwithstanding any law to the contrary, a retail practice shall: 13 (a) provide retail health services and only retail health services; 14 (b) provide treatment without discrimination as to source of payment; 15 (c) maintain a policy offering a sliding scale for payment for 16 patients who do not have health care coverage and publish such policy on 17 a publicly available website; 18 (d) provide to patients who indicate that they do not have health care 19 coverage information on the state health benefit exchange, including the 20 website address for the exchange and contact information for local navi- 21 gators offering in-person enrollment assistance; 22 (e) accept walk-in patients without previously scheduled appointments; 23 (f) offer business hours for a minimum of twelve hours per day and six 24 days per week or, if the retail business in which the retail practice is 25 located is open for less than twelve hours per day and six days per 26 week, then the retail practice shall offer the same business hours as 27 the retail business; 28 (g) publish a list of the retail health services it offers on a 29 publicly available website together with the prices of such services; 30 (h) post signs in a conspicuous location in large type stating that 31 prescriptions and over-the-counter supplies may be purchased by a 32 patient from any business and do not need to be purchased on-site; 33 (i) enter into and maintain at least one collaborative relationship as 34 defined in subdivision two of section twenty-nine hundred ninety-nine-hh 35 of this article; 36 (j) inquire of each patient whether he or she has a primary care 37 provider; 38 (k) maintain and regularly update a list of local primary care provid- 39 ers and provide such list to each patient who indicates that he or she 40 does not have a primary care provider; 41 (l) refer patients to their primary care providers or other health 42 care providers as appropriate; 43 (m) transmit, by electronic means whenever possible, records of 44 services to patients' primary care providers and maintain records of 45 services for a minimum of six years; 46 (n) execute participation agreements with health information organiza- 47 tions, also known as qualified entities, pursuant to which the retail 48 practice shall agree to participate in the statewide health information 49 network for New York (SHIN-NY); 50 (o) attain and maintain accreditation pursuant to section twenty-nine 51 hundred ninety-nine-kk of this section; and 52 (p) report reportable events to the accrediting entity within three 53 business days of the occurrence of such reportable event. 54 3. Entities meeting the definition of a retail practice as set forth 55 in this article and providing services on or before the effective dateS. 7507--A 26 A. 9507--A 1 of this article shall have one hundred twenty days after such effective 2 date to notify the department of compliance therewith. 3 § 2999-kk. Accreditation. 1. A retail practice shall be required to 4 attain and maintain accreditation by a nationally recognized accrediting 5 entity as determined by the department. 6 2. The accrediting entity shall be required to notify the department 7 promptly if a retail practice loses its accreditation. 8 3. The accrediting entity shall be required to report data on all 9 retail practices accredited by such entity to the commissioner. 10 § 2999-ll. Other laws. 1. Nothing in this article shall be deemed to 11 alter the scope of practice of any practitioner licensed or certified 12 under title eight of the education law. 13 2. Nothing in this article shall be deemed to mitigate the responsi- 14 bility of any individual practitioner licensed or certified under title 15 eight of the education law from accountability for his or her actions 16 under applicable provisions of law. 17 3. A retail practice shall be deemed to be a "health care provider" 18 for the purposes of title two-D of article two of this chapter. 19 4. A prescriber practicing in a retail practice shall not be deemed to 20 be in the employ of a pharmacy or practicing in a hospital for purposes 21 of subdivision two of section sixty-eight hundred seven of the education 22 law. 23 § 2. This act shall take effect immediately. 24 PART H 25 Section 1. Section 6902 of the education law is amended by adding a 26 new subdivision 4 to read as follows: 27 4. (a) The practice of registered professional nursing by a certified 28 registered nurse anesthetist, certified under section sixty-nine hundred 29 twelve of this article may include the practice of nurse anesthesia. 30 (i) Subject to the provisions of paragraph (e) of this subdivision, 31 nurse anesthesia includes: the administration of anesthesia and anes- 32 thesia related care to patients; pre-anesthesia evaluation and prepara- 33 tion; anesthetic induction, maintenance and emergence; post anesthesia 34 care; perianesthesia nursing and clinical support functions; and pain 35 management. 36 (ii) Nurse anesthesia must be provided in collaboration with a 37 licensed physician qualified to determine the need for anesthesia 38 services, provided such services are performed in accordance with a 39 written practice agreement and written practice protocols as set forth 40 in paragraph (b) of this subdivision or pursuant to collaborative 41 relationships as set forth in paragraph (c) of this subdivision, which- 42 ever is applicable. 43 (iii) Prescriptions for drugs, devices, and anesthetic agents, anes- 44 thesia related agents, and pain management agents may be issued by a 45 certified registered nurse anesthetist, in accordance with the written 46 practice agreement and written practice protocols described in paragraph 47 (b) of this subdivision if applicable. The certified registered nurse 48 anesthetist shall obtain a certificate from the department upon success- 49 fully completing a program including an appropriate pharmacology compo- 50 nent, or its equivalent, as established by the commissioner's regu- 51 lations, prior to prescribing under this subparagraph. The certificate 52 issued under section sixty-nine hundred twelve of this article shall 53 state whether the certified registered nurse anesthetist has successful-S. 7507--A 27 A. 9507--A 1 ly completed such a program or equivalent and is authorized to prescribe 2 under this subdivision. 3 (b) A certified registered nurse anesthetist certified under section 4 sixty-nine hundred twelve of this article and practicing for thirty-six 5 hundred hours or less shall do so in accordance with a written practice 6 agreement and written practice protocols agreed upon by a licensed 7 physician qualified by education and experience to determine the need 8 for anesthesia. 9 (i) The written practice agreement shall include explicit provisions 10 for the resolution of any disagreement between the collaborating physi- 11 cian and the certified registered nurse anesthetist regarding a matter 12 of anesthesia or pain management treatment that is within the scope of 13 practice of both. To the extent the practice agreement does not so 14 provide, then the collaborating physician's treatment shall prevail. 15 (ii) Each practice agreement shall provide for patient records review 16 by the collaborating physician in a timely fashion but in no event less 17 often than every three months. The names of the certified registered 18 nurse anesthetist and the collaborating physician shall be clearly post- 19 ed in the practice setting of the certified registered nurse anesthe- 20 tist. 21 (iii) The practice protocol shall reflect current accepted medical and 22 nursing practice. The protocols shall be filed with the department 23 within ninety days of the commencement of the practice and may be 24 updated periodically. The commissioner shall make regulations establish- 25 ing the procedure for the review of protocols and the disposition of any 26 issues arising from such review. 27 (c) A certified registered nurse anesthetist certified under section 28 sixty-nine hundred twelve of this article and practicing for more than 29 thirty-six hundred hours shall have collaborative relationships with one 30 or more licensed physicians qualified to determine the need for anes- 31 thesia services or a hospital, licensed under article twenty-eight of 32 the public health law, that provides services through licensed physi- 33 cians qualified to determine the need for anesthesia services and having 34 privileges at such institution. 35 (i) For purposes of this paragraph, "collaborative relationships" 36 shall mean that the certified registered nurse anesthetist shall commu- 37 nicate, whether in person, by telephone or through written (including 38 electronic) means, with a licensed physician qualified to determine the 39 need for anesthesia services or, in the case of a hospital, communicate 40 with a licensed physician qualified to determine the need for anesthesia 41 services and having privileges at such hospital, for the purposes of 42 exchanging information, as needed, in order to provide comprehensive 43 patient care and to make referrals as necessary. 44 (ii) As evidence that the certified registered nurse anesthetist main- 45 tains collaborative relationships, the certified registered nurse 46 anesthetist shall complete and maintain a form, created by the depart- 47 ment, to which the certified registered nurse anesthetist shall attest, 48 that describes such collaborative relationships. Such form shall also 49 reflect the certified registered nurse anesthetist's acknowledgement 50 that if reasonable efforts to resolve any dispute that may arise with 51 the collaborating physician or, in the case of a collaboration with a 52 hospital, with a licensed physician qualified to determine the need for 53 anesthesia services and having privileges at such hospital, about a 54 patient's care are not successful, the recommendation of the physician 55 shall prevail. Such form shall be updated as needed and may be subject 56 to review by the department. The certified registered nurse anesthetistS. 7507--A 28 A. 9507--A 1 shall maintain documentation that supports such collaborative relation- 2 ships. 3 (d) Nothing in this subdivision shall be deemed to limit or diminish 4 the practice of the profession of nursing as a registered professional 5 nurse under this article or any other law, rule, regulation or certif- 6 ication, nor to deny any registered professional nurse the right to do 7 any act or engage in any practice authorized by this article or any 8 other law, rule, regulation or certification. 9 (e)(i) Anesthesia services may be provided by certified registered 10 nurse anesthetists only in the following settings: 11 (A) general hospitals, hospital outpatient surgical departments, and 12 diagnostic and treatment centers licensed by the department of health 13 pursuant to article twenty-eight of the public health law and authorized 14 to provide sedation, anesthesia services, and/or pain management 15 services in connection with such licensure; 16 (B) practices where office-based surgery, as defined by section two 17 hundred-thirty-d of the public health law, is performed and/or pain 18 management services are provided; and 19 (C) dentists' and periodontists' offices where sedation and/or anes- 20 thesia services are provided. 21 (ii) Anesthesia services offered in such settings, including services 22 provided by certified registered nurse anesthetists, shall be directed 23 by a physician, dentist, or periodontist, as applicable, who is respon- 24 sible for the clinical aspects of all anesthesia services offered by the 25 provider and is qualified to determine the need for and administer anes- 26 thesia. Such physician shall have the discretion to establish parameters 27 for supervision of certified registered nurse anesthetists where he or 28 she makes a reasonable determination that the circumstances of a partic- 29 ular case or type of cases, although within the scope of practice of a 30 certified registered nurse anesthetist as set forth in paragraph (a) of 31 this subdivision, are of such complexity that they should be conducted 32 under supervision. In such cases, such supervision shall be provided by 33 an anesthesiologist who is immediately available as needed or by the 34 operating physician who is qualified to determine the need for anes- 35 thesia services and supervise the administration of anesthesia. 36 § 2. The education law is amended by adding a new section 6912 to read 37 as follows: 38 § 6912. Certificates for nurse anesthesia practice. 1. For issuance 39 of a certificate to practice as a certified registered nurse anesthetist 40 under subdivision four of section sixty-nine hundred two of this arti- 41 cle, the applicant shall fulfill the following requirements: 42 (a) Application: file an application with the department; 43 (b) License: be licensed as a registered professional nurse in the 44 state; 45 (c) Education: (i) have satisfactorily completed educational prepara- 46 tion for provision of these services in a program registered by the 47 department or in a program accredited by a national body recognized by 48 the department or determined by the department to be the equivalent; and 49 (ii) submit evidence of current certification or recertification by a 50 national certifying body, recognized by the department; 51 (d) Fees: pay a fee to the department of fifty dollars for an initial 52 certificate authorizing nurse anesthesia practice and a triennial regis- 53 tration fee of thirty dollars; and 54 (e) Information and documentation: in conjunction with and as a condi- 55 tion of each triennial registration, provide to the department, and the 56 department shall collect, such information and documentation required byS. 7507--A 29 A. 9507--A 1 the department, in consultation with the department of health, as is 2 necessary to enable the department of health to evaluate access to need- 3 ed services in this state, including, but not limited to, the location 4 and type of setting wherein the certified registered nurse anesthetist 5 practices and other information the department, in consultation with the 6 department of health, deems relevant. The department of health, in 7 consultation with the department, shall make such data available in 8 aggregate, de-identified form on a publicly accessible website. Addi- 9 tionally, in conjunction with each triennial registration, the depart- 10 ment, in consultation with the department of health, shall provide 11 information on registering in the donate life registry for organ and 12 tissue donation, including the website address for such registry. 13 After a certified registered nurse anesthetist's initial registration, 14 registration under this section shall be coterminous with the certified 15 registered nurse anesthetist's registration as a professional nurse. 16 2. Only a person certified under this section shall use the title 17 "certified registered nurse anesthetist," except as set forth in subdi- 18 vision three of this section. 19 3. Nothing in this section shall be deemed from preventing any other 20 professional licensed or certified under this chapter or the public 21 health law from carrying out any responsibilities established by rele- 22 vant sections of such chapters. 23 4. An individual who meets the requirements for certification as a 24 certified registered nurse anesthetist and who has been performing the 25 duties of a certified registered nurse anesthetist for two of the five 26 years prior to the effective date of this article may be certified with- 27 out meeting additional requirements, provided that such individual 28 submits an application, including an attestation from the applicant's 29 supervising physician as to the applicant's experience and competence, 30 to the department within two years of the effective date of this 31 section. Such individual may use the title "certified registered nurse 32 anesthetist" in connection with that practice while such application is 33 pending. 34 5. (a) A registered professional nurse licensed under section sixty- 35 nine hundred five of this article who has satisfactorily completed a 36 program of educational preparation as provided in subdivision one of 37 this section may, for a period not to exceed twenty-four months imme- 38 diately following the completion of such educational program, practice 39 nurse anesthesia under subdivision four of section sixty-nine hundred 40 two of this article as a graduate nurse anesthetist in the same manner 41 as a certified registered nurse anesthetist under that subdivision. 42 (b) A registered professional nurse licensed under section sixty-nine 43 hundred five of this article who is duly enrolled in a program of educa- 44 tional preparation may practice nurse anesthesia as a student nurse 45 anesthetist under the supervision of an anesthesiologist or a certified 46 registered nurse anesthetist, who is immediately available as needed. 47 § 3. This act shall take effect immediately. 48 PART I 49 Section 1. Section 364-j of the social services law is amended by 50 adding a new subdivision 34 to read as follows: 51 34. Monies paid by the department to managed care organizations are 52 public funds and retain their status as public funds regardless of any 53 payments made by the managed care organization to subcontractors or 54 providers.S. 7507--A 30 A. 9507--A 1 § 2. Section 364-j of the social services law is amended by adding a 2 new subdivision 35 to read as follows: 3 35. Recovery of overpayments from network providers. (a) Where the 4 Medicaid inspector general, during the course of an audit or investi- 5 gation, identifies improper medical assistance payments made by a 6 managed care organization to its subcontractor or subcontractors or 7 provider or providers, the state shall have the right to recover the 8 improper payment from the subcontractor or subcontractors, provider or 9 providers, or the managed care organization. 10 (b) Where the state is unsuccessful in recovering the improper payment 11 from the subcontractor or subcontractors or provider or providers, the 12 Medicaid inspector general may require the managed care organization to 13 recover the improper medical assistance payments identified in paragraph 14 (a) of this subdivision. The managed care organization shall remit to 15 the state the full amount of the identified improper payment no later 16 than six months after receiving notice of the overpayment. 17 (c) The managed care organization may charge its subcontractor or 18 subcontractors or provider or providers a collection fee to account for 19 the reasonable costs incurred by the managed care organization to 20 collect the debt. Any collection fee imposed shall not exceed five 21 percent of the total amount owed. 22 § 3. Section 364-j of the social services law is amended by adding a 23 new subdivision 36 to read as follows: 24 36. Reporting acts of fraud. (a) All managed care organizations shall 25 promptly refer to the office of the Medicaid inspector general all cases 26 of potential fraud, waste, or abuse. 27 (b) Any managed care organization making a complaint or furnishing a 28 report, referral, information or records in good faith pursuant to this 29 section shall be immune from civil liability for making such complaint, 30 referral, or report to the office of the Medicaid inspector general. 31 (c) A managed care organization that willfully fails to promptly make 32 a referral to the Medicaid inspector general when there is actual know- 33 ledge that an act of fraud is being or has been committed may be fined 34 in an amount not exceeding one hundred thousand dollars for each deter- 35 mination. 36 § 4. The public health law is amended by adding a new section 37 to 37 read as follows: 38 § 37. Violations of medical assistance program laws, regulations or 39 directives; fines. 1. (a) Any individual or entity participating in the 40 medical assistance program that fails to comply with or violates any 41 statute, rule, regulation, or directive of the medical assistance 42 program, may be fined in an amount not exceeding the sum of five thou- 43 sand dollars for each violation. 44 (b) Every failure to comply with or violation of any statute, rule, 45 regulation, or directive of the medical assistance program shall be a 46 separate and distinct offense and, in the case of a continuing 47 violation, every day's continuance thereof shall be a separate and 48 distinct offense. 49 2. (a) Any entity authorized to operate under article forty-four of 50 this chapter or article forty-three of the insurance law, including any 51 subcontractor or provider thereof, and participating in the medical 52 assistance program that fails to comply with or violates any statute, 53 rule, regulation, or directive of the medical assistance program, or any 54 term of its contract with the department, may be fined in an amount not 55 exceeding the sum of five thousand dollars for each violation.S. 7507--A 31 A. 9507--A 1 (b) Every failure to comply with or violation of any statute, rule, 2 regulation, or directive of the medical assistance program, or term of 3 the entity's contract with the department shall be a separate and 4 distinct offense and, in the case of a continuing violation, every day's 5 continuance thereof shall be a separate and distinct offense. 6 3. Any entity participating in the medical assistance program and 7 authorized to operate under article forty-four of this chapter or arti- 8 cle forty-three of the insurance law that submits a cost report to the 9 medical assistance program that contains data which is intentionally or 10 systematically inaccurate or improper, may be fined in an amount not 11 exceeding one hundred thousand dollars for each determination. 12 4. Any entity authorized to operate under article forty-four of this 13 chapter or article forty-three of the insurance law, and participating 14 in the medical assistance program that intentionally or systematically 15 submits inaccurate encounter data to the state may be fined in an amount 16 not exceeding one hundred thousand dollars for each determination. 17 5. The Medicaid inspector general shall, in consultation with the 18 commissioner, consider the following prior to assessing a fine against 19 an individual or entity under this section and have the discretion to 20 reduce or eliminate a fine under this section: 21 (a) the effect, if any, on the quality of medical care provided to or 22 arranged for recipients of medical assistance as a result of the acts of 23 the individual or entity; 24 (b) the amount of damages to the program; 25 (c) the degree of culpability of the individual or entity in commit- 26 ting the proscribed actions and any mitigating circumstances; 27 (d) any prior violations committed by the individual or entity relat- 28 ing to the medical assistance program, Medicare or any other social 29 services programs which resulted in either criminal or administrative 30 sanction, penalty, or fine; 31 (e) the degree to which factors giving rise to the proscribed actions 32 were out of the control of the individual or entity; 33 (f) the number and nature of the violations or other related offenses; 34 (g) any other facts relating to the nature and seriousness of the 35 violations including any exculpatory facts; and/or 36 (h) any other relevant factors. 37 6. The Medicaid inspector general shall, in consultation with the 38 commissioner, promulgate regulations enumerating those violations which 39 may result in a fine pursuant to subdivisions one and two of this 40 section, the amounts of any fines which may be assessed under this 41 section, and the appeal rights afforded to individuals or entities 42 subject to a fine. 43 § 5. Paragraph (d) of subdivision 32 of section 364-j of the social 44 services law, as added by section 15 of part B of chapter 59 of the laws 45 of 2016, is amended to read as follows: 46 (d) (i) Penalties under this subdivision may be applied to any and all 47 circumstances described in paragraph (b) of this subdivision until the 48 managed care organization complies with the requirements for submission 49 of encounter data. (ii) No penalties for late, incomplete or inaccurate 50 encounter data shall be assessed against managed care organizations in 51 addition to those provided for in this subdivision, provided, however, 52 that nothing in this paragraph shall prohibit the imposition of penal- 53 ties, in cases of fraud or abuse, otherwise authorized by law. 54 § 6. This act shall take effect on the ninetieth day after it shall 55 have become a law; provided, however, that the amendments to section 56 364-j of the social services law made by sections one, two, three andS. 7507--A 32 A. 9507--A 1 five of this act shall not affect the repeal of such section and shall 2 be deemed repealed therewith. 3 PART J 4 Section 1. Paragraph (h) of subdivision 1 of section 189 of the state 5 finance law, as amended by section 8 of part A of chapter 56 of the laws 6 of 2013, is amended to read as follows: 7 (h) knowingly conceals or knowingly and improperly avoids or decreases 8 an obligation to pay or transmit money or property to the state or a 9 local government, or conspires to do the same; shall be liable to the 10 state or a local government, as applicable, for a civil penalty of not 11 less than six thousand dollars and not more than twelve thousand 12 dollars, as adjusted to be equal to the civil penalty allowed under the 13 federal False Claims Act, 31 U.S.C. sec. 3729, et seq., as amended, as 14 adjusted for inflation by the Federal Civil Penalties Inflation Adjust- 15 ment Act of 1990, as amended (28 U.S.C. 2461 note; Pub. L. No. 101-410), 16 plus three times the amount of all damages, including consequential 17 damages, which the state or local government sustains because of the act 18 of that person. 19 § 2. This act shall take effect immediately. 20 PART K 21 Section 1. Notwithstanding any contrary provision of law, the depart- 22 ment of health is authorized to require any Medicaid-enrolled provider, 23 and any health care provider that is part of a network of providers of a 24 managed care organization operating pursuant to section 364-j of the 25 social services law or section 4403-f of the public health law, to 26 report on costs incurred by the provider in rendering health care 27 services to Medicaid beneficiaries. The department of health may specify 28 the frequency and format of such reports, determine the type and amount 29 of information to be submitted, and require the submission of supporting 30 documentation. In the case of a provider in a managed care network, the 31 department of health may require the managed care organization to obtain 32 the required information from the network provider on behalf of the 33 department. 34 § 2. Subdivision 1 of section 92 of part H of chapter 59 of the laws 35 of 2011, amending the public health law and other laws relating to known 36 and projected department of health state fund medicaid expenditures, as 37 amended by section 1 of part G of chapter 57 of the laws of 2017, is 38 amended to read as follows: 39 1. For state fiscal years 2011-12 through [2018-19] 2019-20, the 40 director of the budget, in consultation with the commissioner of health 41 referenced as "commissioner" for purposes of this section, shall assess 42 on a monthly basis, as reflected in monthly reports pursuant to subdivi- 43 sion five of this section known and projected department of health state 44 funds medicaid expenditures by category of service and by geographic 45 regions, as defined by the commissioner, and if the director of the 46 budget determines that such expenditures are expected to cause medicaid 47 disbursements for such period to exceed the projected department of 48 health medicaid state funds disbursements in the enacted budget finan- 49 cial plan pursuant to subdivision 3 of section 23 of the state finance 50 law, the commissioner of health, in consultation with the director of 51 the budget, shall develop a medicaid savings allocation plan to limit 52 such spending to the aggregate limit level specified in the enactedS. 7507--A 33 A. 9507--A 1 budget financial plan, provided, however, such projections may be 2 adjusted by the director of the budget to account for any changes in the 3 New York state federal medical assistance percentage amount established 4 pursuant to the federal social security act, changes in provider reven- 5 ues, reductions to local social services district medical assistance 6 administration, minimum wage increases, and beginning April 1, 2012 the 7 operational costs of the New York state medical indemnity fund and state 8 costs or savings from the basic health plan. Such projections may be 9 adjusted by the director of the budget to account for increased or expe- 10 dited department of health state funds medicaid expenditures as a result 11 of a natural or other type of disaster, including a governmental decla- 12 ration of emergency. 13 § 3. This act shall take effect immediately. 14 PART L 15 Section 1. Subdivision 7 of section 369 of the social services law, as 16 amended by section 7 of part F of chapter 56 of the laws of 2012, is 17 amended to read as follows: 18 7. Notwithstanding any provision of law to the contrary, the depart- 19 ment shall, when it determines necessary program features are in place, 20 assume sole responsibility for commencing actions or proceedings in 21 accordance with the provisions of this section, sections one hundred 22 one, one hundred four, one hundred four-b, paragraph (a) of subdivision 23 three of section three hundred sixty-six, subparagraph one of paragraph 24 (h) of subdivision four of section three hundred sixty-six, and para- 25 graph (b) of subdivision two of section three hundred sixty-seven-a of 26 this chapter, to recover the cost of medical assistance furnished pursu- 27 ant to this title and title eleven-D of this article. The department is 28 authorized to contract with an entity that shall conduct activities on 29 behalf of the department pursuant to this subdivision, and may contract 30 with an entity to conduct similar activities on behalf of the child 31 health insurance program established pursuant to title one-A of article 32 twenty-five of the public health law to the extent allowed by law. 33 Prior to assuming such responsibility from a social services district, 34 the department of health shall, in consultation with the district, 35 define the scope of the services the district will be required to 36 perform on behalf of the department of health pursuant to this subdivi- 37 sion. 38 § 2. Section 2511 of the public health law is amended by adding a new 39 subdivision 22 to read as follows: 40 22. Notwithstanding the provisions of this section, section twenty- 41 five hundred ten of this title, and any other inconsistent provision of 42 law, in the event federal funding pursuant to Title XXI of the federal 43 social security act is reduced or eliminated on and after October first, 44 two thousand seventeen: 45 (a) The director of the division of the budget, in consultation with 46 the commissioner, shall identify the amount of such reduction or elimi- 47 nation and notify the temporary president of the senate and the speaker 48 of the assembly in writing that the federal actions will reduce or elim- 49 inate expected funding to New York state by such amount. 50 (b) The director of the division of the budget, in consultation with 51 the commissioner, shall determine if programmatic changes are necessary 52 to continue covering eligible children within state-only funding levels, 53 identify available resources or actions, identify specific changes need- 54 ed to align the program with current funding levels, and establish aS. 7507--A 34 A. 9507--A 1 plan for implementing such changes which may include emergency regu- 2 lations promulgated by the commissioner. Such plan shall be submitted to 3 the legislature prior to its implementation. 4 § 3. This act shall take effect immediately. 5 PART M 6 Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 7 266 of the laws of 1986, amending the civil practice law and rules and 8 other laws relating to malpractice and professional medical conduct, as 9 amended by section 15 of part H of chapter 57 of the laws of 2017, is 10 amended to read as follows: 11 (a) The superintendent of financial services and the commissioner of 12 health or their designee shall, from funds available in the hospital 13 excess liability pool created pursuant to subdivision 5 of this section, 14 purchase a policy or policies for excess insurance coverage, as author- 15 ized by paragraph 1 of subsection (e) of section 5502 of the insurance 16 law; or from an insurer, other than an insurer described in section 5502 17 of the insurance law, duly authorized to write such coverage and actual- 18 ly writing medical malpractice insurance in this state; or shall 19 purchase equivalent excess coverage in a form previously approved by the 20 superintendent of financial services for purposes of providing equiv- 21 alent excess coverage in accordance with section 19 of chapter 294 of 22 the laws of 1985, for medical or dental malpractice occurrences between 23 July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988, 24 between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 25 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 26 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 27 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, 28 between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 29 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 30 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 31 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, 32 between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 33 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 34 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 35 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, 36 between July 1, 2009 and June 30, 2010, between July 1, 2010 and June 37 30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012 38 and June 30, 2013, between July 1, 2013 and June 30, 2014, between July 39 1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016, 40 between July 1, 2016 and June 30, 2017, [and] between July 1, 2017 and 41 June 30, 2018, and between July 1, 2018 and June 30, 2019 or reimburse 42 the hospital where the hospital purchases equivalent excess coverage as 43 defined in subparagraph (i) of paragraph (a) of subdivision 1-a of this 44 section for medical or dental malpractice occurrences between July 1, 45 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between 46 July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, 47 between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 48 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 49 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 50 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, 51 between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 52 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001 53 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 54 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005,S. 7507--A 35 A. 9507--A 1 between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 2 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 3 and June 30, 2009, between July 1, 2009 and June 30, 2010, between July 4 1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012, 5 between July 1, 2012 and June 30, 2013, between July 1, 2013 and June 6 30, 2014, between July 1, 2014 and June 30, 2015, between July 1, 2015 7 and June 30, 2016, between July 1, 2016 and June 30, 2017, [and] between 8 July 1, 2017 and June 30, 2018, and between July 1, 2018 and June 30, 9 2019 for physicians or dentists certified as eligible for each such 10 period or periods pursuant to subdivision 2 of this section by a general 11 hospital licensed pursuant to article 28 of the public health law; 12 provided that no single insurer shall write more than fifty percent of 13 the total excess premium for a given policy year; and provided, however, 14 that such eligible physicians or dentists must have in force an individ- 15 ual policy, from an insurer licensed in this state of primary malprac- 16 tice insurance coverage in amounts of no less than one million three 17 hundred thousand dollars for each claimant and three million nine 18 hundred thousand dollars for all claimants under that policy during the 19 period of such excess coverage for such occurrences or be endorsed as 20 additional insureds under a hospital professional liability policy which 21 is offered through a voluntary attending physician ("channeling") 22 program previously permitted by the superintendent of financial services 23 during the period of such excess coverage for such occurrences. During 24 such period, such policy for excess coverage or such equivalent excess 25 coverage shall, when combined with the physician's or dentist's primary 26 malpractice insurance coverage or coverage provided through a voluntary 27 attending physician ("channeling") program, total an aggregate level of 28 two million three hundred thousand dollars for each claimant and six 29 million nine hundred thousand dollars for all claimants from all such 30 policies with respect to occurrences in each of such years provided, 31 however, if the cost of primary malpractice insurance coverage in excess 32 of one million dollars, but below the excess medical malpractice insur- 33 ance coverage provided pursuant to this act, exceeds the rate of nine 34 percent per annum, then the required level of primary malpractice insur- 35 ance coverage in excess of one million dollars for each claimant shall 36 be in an amount of not less than the dollar amount of such coverage 37 available at nine percent per annum; the required level of such coverage 38 for all claimants under that policy shall be in an amount not less than 39 three times the dollar amount of coverage for each claimant; and excess 40 coverage, when combined with such primary malpractice insurance cover- 41 age, shall increase the aggregate level for each claimant by one million 42 dollars and three million dollars for all claimants; and provided 43 further, that, with respect to policies of primary medical malpractice 44 coverage that include occurrences between April 1, 2002 and June 30, 45 2002, such requirement that coverage be in amounts no less than one 46 million three hundred thousand dollars for each claimant and three 47 million nine hundred thousand dollars for all claimants for such occur- 48 rences shall be effective April 1, 2002. 49 § 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986, 50 amending the civil practice law and rules and other laws relating to 51 malpractice and professional medical conduct, as amended by section 16 52 of part H of chapter 57 of the laws of 2017, is amended to read as 53 follows: 54 (3)(a) The superintendent of financial services shall determine and 55 certify to each general hospital and to the commissioner of health the 56 cost of excess malpractice insurance for medical or dental malpracticeS. 7507--A 36 A. 9507--A 1 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988 2 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 3 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, 4 between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 5 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 6 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 7 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, 8 between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 9 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 10 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 11 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, 12 between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 13 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 14 and June 30, 2010, between July 1, 2010 and June 30, 2011, between July 15 1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013, and 16 between July 1, 2013 and June 30, 2014, between July 1, 2014 and June 17 30, 2015, between July 1, 2015 and June 30, 2016, and between July 1, 18 2016 and June 30, 2017, [and] between July 1, 2017 and June 30, 2018, 19 and between July 1, 2018 and June 30, 2019 allocable to each general 20 hospital for physicians or dentists certified as eligible for purchase 21 of a policy for excess insurance coverage by such general hospital in 22 accordance with subdivision 2 of this section, and may amend such deter- 23 mination and certification as necessary. 24 (b) The superintendent of financial services shall determine and 25 certify to each general hospital and to the commissioner of health the 26 cost of excess malpractice insurance or equivalent excess coverage for 27 medical or dental malpractice occurrences between July 1, 1987 and June 28 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 29 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 30 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, 31 between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 32 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 33 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 34 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, 35 between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 36 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 37 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 38 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, 39 between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 40 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010 41 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July 42 1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014, 43 between July 1, 2014 and June 30, 2015, between July 1, 2015 and June 44 30, 2016, [and] between July 1, 2016 and June 30, 2017, [and] between 45 July 1, 2017 and June 30, 2018, and between July 1, 2018 and June 30, 46 2019 allocable to each general hospital for physicians or dentists 47 certified as eligible for purchase of a policy for excess insurance 48 coverage or equivalent excess coverage by such general hospital in 49 accordance with subdivision 2 of this section, and may amend such deter- 50 mination and certification as necessary. The superintendent of financial 51 services shall determine and certify to each general hospital and to the 52 commissioner of health the ratable share of such cost allocable to the 53 period July 1, 1987 to December 31, 1987, to the period January 1, 1988 54 to June 30, 1988, to the period July 1, 1988 to December 31, 1988, to 55 the period January 1, 1989 to June 30, 1989, to the period July 1, 1989 56 to December 31, 1989, to the period January 1, 1990 to June 30, 1990, toS. 7507--A 37 A. 9507--A 1 the period July 1, 1990 to December 31, 1990, to the period January 1, 2 1991 to June 30, 1991, to the period July 1, 1991 to December 31, 1991, 3 to the period January 1, 1992 to June 30, 1992, to the period July 1, 4 1992 to December 31, 1992, to the period January 1, 1993 to June 30, 5 1993, to the period July 1, 1993 to December 31, 1993, to the period 6 January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December 7 31, 1994, to the period January 1, 1995 to June 30, 1995, to the period 8 July 1, 1995 to December 31, 1995, to the period January 1, 1996 to June 9 30, 1996, to the period July 1, 1996 to December 31, 1996, to the period 10 January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December 11 31, 1997, to the period January 1, 1998 to June 30, 1998, to the period 12 July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June 13 30, 1999, to the period July 1, 1999 to December 31, 1999, to the period 14 January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December 15 31, 2000, to the period January 1, 2001 to June 30, 2001, to the period 16 July 1, 2001 to June 30, 2002, to the period July 1, 2002 to June 30, 17 2003, to the period July 1, 2003 to June 30, 2004, to the period July 1, 18 2004 to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to 19 the period July 1, 2006 and June 30, 2007, to the period July 1, 2007 20 and June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the 21 period July 1, 2009 and June 30, 2010, to the period July 1, 2010 and 22 June 30, 2011, to the period July 1, 2011 and June 30, 2012, to the 23 period July 1, 2012 and June 30, 2013, to the period July 1, 2013 and 24 June 30, 2014, to the period July 1, 2014 and June 30, 2015, to the 25 period July 1, 2015 and June 30, 2016, and between July 1, 2016 and June 26 30, 2017, and to the period July 1, 2017 [and] to June 30, 2018, and to 27 the period July 1, 2018 to June 30, 2019. 28 § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section 29 18 of chapter 266 of the laws of 1986, amending the civil practice law 30 and rules and other laws relating to malpractice and professional 31 medical conduct, as amended by section 17 of part H of chapter 57 of the 32 laws of 2017, are amended to read as follows: 33 (a) To the extent funds available to the hospital excess liability 34 pool pursuant to subdivision 5 of this section as amended, and pursuant 35 to section 6 of part J of chapter 63 of the laws of 2001, as may from 36 time to time be amended, which amended this subdivision, are insuffi- 37 cient to meet the costs of excess insurance coverage or equivalent 38 excess coverage for coverage periods during the period July 1, 1992 to 39 June 30, 1993, during the period July 1, 1993 to June 30, 1994, during 40 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995 41 to June 30, 1996, during the period July 1, 1996 to June 30, 1997, 42 during the period July 1, 1997 to June 30, 1998, during the period July 43 1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30, 44 2000, during the period July 1, 2000 to June 30, 2001, during the period 45 July 1, 2001 to October 29, 2001, during the period April 1, 2002 to 46 June 30, 2002, during the period July 1, 2002 to June 30, 2003, during 47 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004 48 to June 30, 2005, during the period July 1, 2005 to June 30, 2006, 49 during the period July 1, 2006 to June 30, 2007, during the period July 50 1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30, 51 2009, during the period July 1, 2009 to June 30, 2010, during the period 52 July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June 53 30, 2012, during the period July 1, 2012 to June 30, 2013, during the 54 period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to 55 June 30, 2015, during the period July 1, 2015 [and] to June 30, 2016, 56 during the period July 1, 2016 [and] to June 30, 2017, [and] during theS. 7507--A 38 A. 9507--A 1 period July 1, 2017 [and] to June 30, 2018, and during the period July 2 1, 2018 to June 30, 2019 allocated or reallocated in accordance with 3 paragraph (a) of subdivision 4-a of this section to rates of payment 4 applicable to state governmental agencies, each physician or dentist for 5 whom a policy for excess insurance coverage or equivalent excess cover- 6 age is purchased for such period shall be responsible for payment to the 7 provider of excess insurance coverage or equivalent excess coverage of 8 an allocable share of such insufficiency, based on the ratio of the 9 total cost of such coverage for such physician to the sum of the total 10 cost of such coverage for all physicians applied to such insufficiency. 11 (b) Each provider of excess insurance coverage or equivalent excess 12 coverage covering the period July 1, 1992 to June 30, 1993, or covering 13 the period July 1, 1993 to June 30, 1994, or covering the period July 1, 14 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 15 1996, or covering the period July 1, 1996 to June 30, 1997, or covering 16 the period July 1, 1997 to June 30, 1998, or covering the period July 1, 17 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 18 2000, or covering the period July 1, 2000 to June 30, 2001, or covering 19 the period July 1, 2001 to October 29, 2001, or covering the period 20 April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to 21 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or 22 covering the period July 1, 2004 to June 30, 2005, or covering the peri- 23 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to 24 June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or 25 covering the period July 1, 2008 to June 30, 2009, or covering the peri- 26 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to 27 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or 28 covering the period July 1, 2012 to June 30, 2013, or covering the peri- 29 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to 30 June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or 31 covering the period July 1, 2016 to June 30, 2017, or covering the peri- 32 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to 33 June 30, 2019 shall notify a covered physician or dentist by mail, 34 mailed to the address shown on the last application for excess insurance 35 coverage or equivalent excess coverage, of the amount due to such 36 provider from such physician or dentist for such coverage period deter- 37 mined in accordance with paragraph (a) of this subdivision. Such amount 38 shall be due from such physician or dentist to such provider of excess 39 insurance coverage or equivalent excess coverage in a time and manner 40 determined by the superintendent of financial services. 41 (c) If a physician or dentist liable for payment of a portion of the 42 costs of excess insurance coverage or equivalent excess coverage cover- 43 ing the period July 1, 1992 to June 30, 1993, or covering the period 44 July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to 45 June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or 46 covering the period July 1, 1996 to June 30, 1997, or covering the peri- 47 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to 48 June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or 49 covering the period July 1, 2000 to June 30, 2001, or covering the peri- 50 od July 1, 2001 to October 29, 2001, or covering the period April 1, 51 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 52 2003, or covering the period July 1, 2003 to June 30, 2004, or covering 53 the period July 1, 2004 to June 30, 2005, or covering the period July 1, 54 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 55 2007, or covering the period July 1, 2007 to June 30, 2008, or covering 56 the period July 1, 2008 to June 30, 2009, or covering the period July 1,S. 7507--A 39 A. 9507--A 1 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 2 2011, or covering the period July 1, 2011 to June 30, 2012, or covering 3 the period July 1, 2012 to June 30, 2013, or covering the period July 1, 4 2013 to June 30, 2014, or covering the period July 1, 2014 to June 30, 5 2015, or covering the period July 1, 2015 to June 30, 2016, or covering 6 the period July 1, 2016 to June 30, 2017, or covering the period July 1, 7 2017 to June 30, 2018, or covering the period July 1, 2018 to June 30, 8 2019 determined in accordance with paragraph (a) of this subdivision 9 fails, refuses or neglects to make payment to the provider of excess 10 insurance coverage or equivalent excess coverage in such time and manner 11 as determined by the superintendent of financial services pursuant to 12 paragraph (b) of this subdivision, excess insurance coverage or equiv- 13 alent excess coverage purchased for such physician or dentist in accord- 14 ance with this section for such coverage period shall be cancelled and 15 shall be null and void as of the first day on or after the commencement 16 of a policy period where the liability for payment pursuant to this 17 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 that has made payment to such provider 44 of excess insurance coverage or equivalent excess coverage in accordance 45 with paragraph (b) of this subdivision and of each physician and dentist 46 who has failed, refused or neglected to make such payment. 47 (e) A provider of excess insurance coverage or equivalent excess 48 coverage shall refund to the hospital excess liability pool any amount 49 allocable to the period July 1, 1992 to June 30, 1993, and to the period 50 July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June 51 30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the 52 period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to 53 June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to 54 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000 55 to June 30, 2001, and to the period July 1, 2001 to October 29, 2001, 56 and to the period April 1, 2002 to June 30, 2002, and to the period JulyS. 7507--A 40 A. 9507--A 1 1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30, 2 2004, and to the period July 1, 2004 to June 30, 2005, and to the period 3 July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June 4 30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the 5 period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to 6 June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to 7 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012 8 to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, and 9 to the period July 1, 2014 to June 30, 2015, and to the period July 1, 10 2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and 11 to the period July 1, 2017 to June 30, 2018, and to the period July 1, 12 2018 to June 30, 2019 received from the hospital excess liability pool 13 for purchase of excess insurance coverage or equivalent excess coverage 14 covering the period July 1, 1992 to June 30, 1993, and covering the 15 period July 1, 1993 to June 30, 1994, and covering the period July 1, 16 1994 to June 30, 1995, and covering the period July 1, 1995 to June 30, 17 1996, and covering the period July 1, 1996 to June 30, 1997, and cover- 18 ing the period July 1, 1997 to June 30, 1998, and covering the period 19 July 1, 1998 to June 30, 1999, and covering the period July 1, 1999 to 20 June 30, 2000, and covering the period July 1, 2000 to June 30, 2001, 21 and covering the period July 1, 2001 to October 29, 2001, and covering 22 the period April 1, 2002 to June 30, 2002, and covering the period July 23 1, 2002 to June 30, 2003, and covering the period July 1, 2003 to June 24 30, 2004, and covering the period July 1, 2004 to June 30, 2005, and 25 covering the period July 1, 2005 to June 30, 2006, and covering the 26 period July 1, 2006 to June 30, 2007, and covering the period July 1, 27 2007 to June 30, 2008, and covering the period July 1, 2008 to June 30, 28 2009, and covering the period July 1, 2009 to June 30, 2010, and cover- 29 ing the period July 1, 2010 to June 30, 2011, and covering the period 30 July 1, 2011 to June 30, 2012, and covering the period July 1, 2012 to 31 June 30, 2013, and covering the period July 1, 2013 to June 30, 2014, 32 and covering the period July 1, 2014 to June 30, 2015, and covering the 33 period July 1, 2015 to June 30, 2016, and covering the period July 1, 34 2016 to June 30, 2017, and covering the period July 1, 2017 to June 30, 35 2018, and covering the period July 1, 2018 to June 30, 2019 for a physi- 36 cian or dentist where such excess insurance coverage or equivalent 37 excess coverage is cancelled in accordance with paragraph (c) of this 38 subdivision. 39 § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil 40 practice law and rules and other laws relating to malpractice and 41 professional medical conduct, as amended by section 18 of part H of 42 chapter 57 of the laws of 2017, is amended to read as follows: 43 § 40. The superintendent of financial services shall establish rates 44 for policies providing coverage for physicians and surgeons medical 45 malpractice for the periods commencing July 1, 1985 and ending June 30, 46 [2018] 2019; provided, however, that notwithstanding any other provision 47 of law, the superintendent shall not establish or approve any increase 48 in rates for the period commencing July 1, 2009 and ending June 30, 49 2010. The superintendent shall direct insurers to establish segregated 50 accounts for premiums, payments, reserves and investment income attrib- 51 utable to such premium periods and shall require periodic reports by the 52 insurers regarding claims and expenses attributable to such periods to 53 monitor whether such accounts will be sufficient to meet incurred claims 54 and expenses. On or after July 1, 1989, the superintendent shall impose 55 a surcharge on premiums to satisfy a projected deficiency that is 56 attributable to the premium levels established pursuant to this sectionS. 7507--A 41 A. 9507--A 1 for such periods; provided, however, that such annual surcharge shall 2 not exceed eight percent of the established rate until July 1, [2018] 3 2019, at which time and thereafter such surcharge shall not exceed twen- 4 ty-five percent of the approved adequate rate, and that such annual 5 surcharges shall continue for such period of time as shall be sufficient 6 to satisfy such deficiency. The superintendent shall not impose such 7 surcharge during the period commencing July 1, 2009 and ending June 30, 8 2010. On and after July 1, 1989, the surcharge prescribed by this 9 section shall be retained by insurers to the extent that they insured 10 physicians and surgeons during the July 1, 1985 through June 30, [2018] 11 2019 policy periods; in the event and to the extent physicians and 12 surgeons were insured by another insurer during such periods, all or a 13 pro rata share of the surcharge, as the case may be, shall be remitted 14 to such other insurer in accordance with rules and regulations to be 15 promulgated by the superintendent. Surcharges collected from physicians 16 and surgeons who were not insured during such policy periods shall be 17 apportioned among all insurers in proportion to the premium written by 18 each insurer during such policy periods; if a physician or surgeon was 19 insured by an insurer subject to rates established by the superintendent 20 during such policy periods, and at any time thereafter a hospital, 21 health maintenance organization, employer or institution is responsible 22 for responding in damages for liability arising out of such physician's 23 or surgeon's practice of medicine, such responsible entity shall also 24 remit to such prior insurer the equivalent amount that would then be 25 collected as a surcharge if the physician or surgeon had continued to 26 remain insured by such prior insurer. In the event any insurer that 27 provided coverage during such policy periods is in liquidation, the 28 property/casualty insurance security fund shall receive the portion of 29 surcharges to which the insurer in liquidation would have been entitled. 30 The surcharges authorized herein shall be deemed to be income earned for 31 the purposes of section 2303 of the insurance law. The superintendent, 32 in establishing adequate rates and in determining any projected defi- 33 ciency pursuant to the requirements of this section and the insurance 34 law, shall give substantial weight, determined in his discretion and 35 judgment, to the prospective anticipated effect of any regulations 36 promulgated and laws enacted and the public benefit of stabilizing 37 malpractice rates and minimizing rate level fluctuation during the peri- 38 od of time necessary for the development of more reliable statistical 39 experience as to the efficacy of such laws and regulations affecting 40 medical, dental or podiatric malpractice enacted or promulgated in 1985, 41 1986, by this act and at any other time. Notwithstanding any provision 42 of the insurance law, rates already established and to be established by 43 the superintendent pursuant to this section are deemed adequate if such 44 rates would be adequate when taken together with the maximum authorized 45 annual surcharges to be imposed for a reasonable period of time whether 46 or not any such annual surcharge has been actually imposed as of the 47 establishment of such rates. 48 § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J of 49 chapter 63 of the laws of 2001, amending chapter 266 of the laws of 50 1986, amending the civil practice law and rules and other laws relating 51 to malpractice and professional medical conduct, relating to the effec- 52 tiveness of certain provisions of such chapter, as amended by section 19 53 of part H of chapter 57 of the laws of 2017, are amended to read as 54 follows: 55 § 5. The superintendent of financial services and the commissioner of 56 health shall determine, no later than June 15, 2002, June 15, 2003, JuneS. 7507--A 42 A. 9507--A 1 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008, 2 June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15, 3 2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, [and] 4 June 15, 2018, and June 15, 2019 the amount of funds available in the 5 hospital excess liability pool, created pursuant to section 18 of chap- 6 ter 266 of the laws of 1986, and whether such funds are sufficient for 7 purposes of purchasing excess insurance coverage for eligible partic- 8 ipating physicians and dentists during the period July 1, 2001 to June 9 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 10 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 11 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 to June 30, 12 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to June 30, 13 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 30, 14 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30, 15 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30, 16 2016, or July 1, 2016 to June 30, 2017, or [to] July 1, 2017 to June 30, 17 2018, or July 1, 2018 to June 30, 2019 as applicable. 18 (a) This section shall be effective only upon a determination, pursu- 19 ant to section five of this act, by the superintendent of financial 20 services and the commissioner of health, and a certification of such 21 determination to the state director of the budget, the chair of the 22 senate committee on finance and the chair of the assembly committee on 23 ways and means, that the amount of funds in the hospital excess liabil- 24 ity pool, created pursuant to section 18 of chapter 266 of the laws of 25 1986, is insufficient for purposes of purchasing excess insurance cover- 26 age for eligible participating physicians and dentists during the period 27 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 28 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 29 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 30 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to 31 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 32 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30, 33 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30, 34 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30, 35 2018, or July 1, 2018 to June 30, 2019 as applicable. 36 (e) The commissioner of health shall transfer for deposit to the 37 hospital excess liability pool created pursuant to section 18 of chapter 38 266 of the laws of 1986 such amounts as directed by the superintendent 39 of financial services for the purchase of excess liability insurance 40 coverage for eligible participating physicians and dentists for the 41 policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 42 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 43 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 44 2007, as applicable, and the cost of administering the hospital excess 45 liability pool for such applicable policy year, pursuant to the program 46 established in chapter 266 of the laws of 1986, as amended, no later 47 than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June 48 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010, 49 June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15, 50 2015, June 15, 2016, June 15, 2017, [and] June 15, 2018, and June 15, 51 2019 as applicable. 52 § 6. Section 20 of part H of chapter 57 of the laws of 2017, amending 53 the New York Health Care Reform Act of 1996 and other laws relating to 54 extending certain provisions thereto, is amended to read as follows: 55 § 20. Notwithstanding any law, rule or regulation to the contrary, 56 only physicians or dentists who were eligible, and for whom the super-S. 7507--A 43 A. 9507--A 1 intendent of financial services and the commissioner of health, or their 2 designee, purchased, with funds available in the hospital excess liabil- 3 ity pool, a full or partial policy for excess coverage or equivalent 4 excess coverage for the coverage period ending the thirtieth of June, 5 two thousand [seventeen] eighteen, shall be eligible to apply for such 6 coverage for the coverage period beginning the first of July, two thou- 7 sand [seventeen] eighteen; provided, however, if the total number of 8 physicians or dentists for whom such excess coverage or equivalent 9 excess coverage was purchased for the policy year ending the thirtieth 10 of June, two thousand [seventeen] eighteen exceeds the total number of 11 physicians or dentists certified as eligible for the coverage period 12 beginning the first of July, two thousand [seventeen] eighteen, then the 13 general hospitals may certify additional eligible physicians or dentists 14 in a number equal to such general hospital's proportional share of the 15 total number of physicians or dentists for whom excess coverage or 16 equivalent excess coverage was purchased with funds available in the 17 hospital excess liability pool as of the thirtieth of June, two thousand 18 [seventeen] eighteen, as applied to the difference between the number of 19 eligible physicians or dentists for whom a policy for excess coverage or 20 equivalent excess coverage was purchased for the coverage period ending 21 the thirtieth of June, two thousand [seventeen] eighteen and the number 22 of such eligible physicians or dentists who have applied for excess 23 coverage or equivalent excess coverage for the coverage period beginning 24 the first of July, two thousand [seventeen] eighteen. 25 § 7. This act shall take effect immediately. 26 PART N 27 Section 1. The opening paragraph of subdivision 1 of section 1 of part 28 C of chapter 57 of the laws of 2006, establishing a cost of living 29 adjustment for designated human services, is amended to read as follows: 30 Subject to available appropriations, the commissioners of the office 31 of mental health, office of mental retardation and developmental disa- 32 bilities, office of alcoholism and substance abuse services, [department33of health,] office of children and family services and the state office 34 for the aging shall establish an annual cost of living adjustment 35 (COLA), subject to the approval of the director of the budget, effective 36 April first of each state fiscal year, provided, however, that in state 37 fiscal year 2006-07, the cost of living adjustment will be effective 38 October first, to project for the effects of inflation, for rates of 39 payments, contracts or any other form of reimbursement for the programs 40 listed in paragraphs (i), (ii), (iii), (iv)[,] and (v) [and (vi)] of 41 subdivision four of this section. The COLA shall be applied to the 42 appropriate portion of reimbursable costs or contract amounts. 43 § 2. Paragraph (iv) of subdivision 4 of section 1 of part C of chapter 44 57 of the laws of 2006, establishing a cost of living adjustment for 45 designated human services, is REPEALED and paragraphs (v) and (vi) are 46 renumbered paragraphs (iv) and (v). 47 § 3. This act shall take effect immediately. 48 PART O 49 Section 1. Subdivisions 9 and 10 of section 2541 of the public health 50 law, as added by chapter 428 of the laws of 1992, are amended to read as 51 follows:S. 7507--A 44 A. 9507--A 1 9. "Evaluation" means a multidisciplinary professional, objective 2 [assessment] examination conducted by appropriately qualified personnel 3 and conducted pursuant to section twenty-five hundred forty-four of this 4 title to determine a child's eligibility under this title. 5 10. "Evaluator" means a [team of two or more professionals approved6pursuant to section twenty-five hundred fifty-one of this title] provid- 7 er approved by the department to conduct screenings and evaluations. 8 § 2. Section 2541 of the public health law is amended by adding three 9 new subdivisions 12-a, 14-a and 15-a to read as follows: 10 12-a. "Multidisciplinary" means the involvement of two or more sepa- 11 rate disciplines or professions, which may mean the involvement of one 12 individual who meets the definition of qualified personnel as defined in 13 subdivision fifteen of this section and who is qualified, in accordance 14 with state licensure, certification or other comparable standards, to 15 evaluate all five developmental domains. 16 14-a. A "partial evaluation" shall mean an evaluation in a single 17 developmental area for purposes of determining eligibility, and may also 18 mean an examination of the child to determine the need for a modifica- 19 tion to the child's individualized family service plan. 20 15-a. "Screening" means the procedures used by qualified personnel, as 21 defined in subdivision fifteen of this section, to determine whether a 22 child is suspected of having a disability and in need of early inter- 23 vention services, and shall include, where available and appropriate for 24 the child, the administration of a standardized instrument or instru- 25 ments approved by the department, in accordance with subdivision three 26 of section twenty-five hundred forty-four of this title. 27 § 3. Subdivision 3 of section 2542 of the public health law, as 28 amended by chapter 231 of the laws of 1993, is amended to read as 29 follows: 30 3. [The] (a) Unless an infant or toddler has already been referred to 31 the early intervention program or the health officer of the public 32 health district in which the infant or toddler resides, as designated by 33 the municipality, the following persons and entities, within two working 34 days of identifying an infant or toddler suspected of having a disabili- 35 ty or at risk of having a disability, shall refer such infant or toddler 36 to the early intervention official or the health officer [of the public37health district in which the infant or toddler resides, as designated by38the municipality], as applicable, but in no event over the objection of 39 the parent made in accordance with procedures established by the depart- 40 ment for use by such primary referral sources[, unless the child has41already been referred]: hospitals, child health care providers, day 42 care programs, local school districts, public health facilities, early 43 childhood direction centers and such other social service and health 44 care agencies and providers as the commissioner shall specify in regu- 45 lation; provided, however, that the department shall establish proce- 46 dures, including regulations if required, to ensure that primary refer- 47 ral sources adequately inform the parent or guardian about the early 48 intervention program, including through brochures and written materials 49 created or approved by the department. 50 (b) The primary referral sources identified in paragraph (a) of this 51 subdivision shall, with parental consent, complete and transmit at the 52 time of referral, a referral form developed by the department which 53 contains information sufficient to document the primary referral 54 source's concern or basis for suspecting the child has a disability or 55 is at risk of having a disability, and where applicable, specifies the 56 child's diagnosed condition that establishes the child's eligibility forS. 7507--A 45 A. 9507--A 1 the early intervention program. The primary referral source shall inform 2 the parent of a child with a diagnosed condition that has a high proba- 3 bility of resulting in developmental delay, that (i) eligibility for the 4 program may be established by medical or other records and (ii) of the 5 importance of providing consent for the primary referral source to tran- 6 smit records or reports necessary to support the diagnosis, or, for 7 parents or guardians of children who do not have a diagnosed condition, 8 records or reports that would assist in determining eligibility for the 9 program. 10 § 4. Section 2544 of the public health law, as added by chapter 428 of 11 the laws of 1992, paragraph (c) of subdivision 2 as added by section 1 12 of part A of chapter 56 of the laws of 2012 and subdivision 11 as added 13 by section 3 of part B3 of chapter 62 of the laws of 2003, is amended to 14 read as follows: 15 § 2544. Screening and evaluations. 1. Each child thought to be an 16 eligible child is entitled to [a multidisciplinary] an evaluation 17 conducted in accordance with this section, and the early intervention 18 official shall ensure such evaluation, with parental consent. 19 2. (a) [The] Subject to the provisions of this title, the parent may 20 select an evaluator from the list of approved evaluators as described in 21 section twenty-five hundred forty-two of this title to conduct the 22 applicable screening and/or evaluation in accordance with this section. 23 The parent or evaluator shall immediately notify the early intervention 24 official of such selection. The evaluator shall review the information 25 and documentation provided with the referral to determine the appropri- 26 ate screening or evaluation process to follow in accordance with this 27 section. The evaluator may begin the screening or evaluation no sooner 28 than four working days after such notification, unless otherwise 29 approved by the initial service coordinator. 30 (b) [the evaluator shall designate an individual as the principal31contact for the multidisciplinary team] Initial service coordinators 32 shall inform the parent of the applicable screening or evaluation proce- 33 dures that may be performed. For a child referred to the early inter- 34 vention official who has a diagnosed physical or mental condition that 35 has a high probability of resulting in developmental delay, the initial 36 service coordinator shall inform the parent that the evaluation of the 37 child shall be conducted in accordance with the procedures set forth in 38 subdivision five of this section. 39 (c) If, in consultation with the evaluator, the service coordinator 40 identifies a child that is potentially eligible for programs or services 41 offered by or under the auspices of the office for people with develop- 42 mental disabilities, the service coordinator shall, with parent consent, 43 notify the office for people with developmental disabilities' regional 44 developmental disabilities services office of the potential eligibility 45 of such child for said programs or services. 46 3. [(a) To determine eligibility, an evaluator shall, with parental47consent, either (i) screen a child to determine what type of evaluation,48if any, is warranted, or (ii) provide a multidisciplinary evaluation. In49making the determination whether to provide an evaluation, the evaluator50may rely on a recommendation from a physician or other qualified person51as designated by the commissioner.52(b)] Screenings for children referred to the early intervention 53 program to determine whether they are suspected of having a disability. 54 (a) For a child referred to the early intervention program, the evalu- 55 ator shall first perform a screening of the child, with parentalS. 7507--A 46 A. 9507--A 1 consent, to determine whether the child is suspected of having a disa- 2 bility. 3 (b) The evaluator shall utilize a standardized instrument or instru- 4 ments approved by the department to conduct the screening. If the evalu- 5 ator does not utilize a standardized instrument or instruments approved 6 by the department for the screening, the evaluator shall document in 7 writing why such standardized instrument or instruments are unavailable 8 or inappropriate for the child. 9 (c) The evaluator shall explain the results of the screening to the 10 parent and shall fully document the results in writing. 11 (d) If, based upon the screening, a child is [believed to be eligible,12or if otherwise elected by the parent] suspected of having a disability, 13 the child shall, with [the consent of a parent] parental consent, 14 receive [a multidisciplinary evaluation. All evaluations shall be15conducted in accordance with] an evaluation to be conducted in accord- 16 ance with the procedures set forth in subdivision four of this section, 17 the coordinated standards and procedures, and [with] regulations promul- 18 gated by the commissioner. 19 (e) If, based upon the screening, a child is not suspected of having a 20 disability, an evaluation shall not be provided, unless requested by the 21 parent. The early intervention official shall provide the parent with 22 written notice of the screening results, which shall include information 23 on the parent's right to request an evaluation. 24 (f) A screening shall not be provided to children who are referred to 25 the early intervention program who have a diagnosed physical or mental 26 condition with a high probability of resulting in developmental delay 27 that establishes eligibility for the program or for children who have 28 previously received an evaluation under the early intervention program. 29 4. The evaluation of [each] a child shall: 30 (a) include the administration of an evaluation instrument or instru- 31 ments approved by the department. If the evaluator does not utilize an 32 instrument or instruments approved by the department as part of the 33 evaluation of the child, the evaluator shall document in writing why 34 such instrument or instruments are not appropriate or available for the 35 child; 36 (b) be conducted by personnel trained to utilize appropriate methods 37 and procedures; 38 [(b)] (c) be based on informed clinical opinion; 39 [(c)] (d) be made without regard to the availability of services in 40 the municipality or who might provide such services; [and41(d)] (e) with parental consent, include the following: 42 (i) a review of pertinent records related to the child's current 43 health status and medical history; and 44 (ii) an evaluation of the child's level of functioning in each of the 45 developmental areas set forth in paragraph (c) of subdivision seven of 46 section twenty-five hundred forty-one of this title[;] to determine 47 whether the child has a disability as defined in this title that estab- 48 lishes the child's eligibility for the program; and 49 (f) if the child has been determined eligible by the evaluator after 50 conducting the procedures set forth in paragraphs (a) through (e) of 51 this subdivision, the evaluation shall also include: 52 [(iii)] (i) an assessment [of the unique needs of the child in terms53of] for the purposes of identifying the child's unique strengths and 54 needs in each of the developmental areas [set forth in paragraph (c) of55subdivision seven of section twenty-five hundred forty-one of thisS. 7507--A 47 A. 9507--A 1title, including the identification of] and the early intervention 2 services appropriate to meet those needs; 3 [(iv)] (ii) a family-directed assessment, if consented to by the fami- 4 ly, in order to identify the family's resources, priorities, and 5 concerns and the supports necessary to enhance the family's capacity to 6 meet the developmental needs of the child. The family assessment shall 7 be voluntary on the part of each family member participating in the 8 assessment; 9 (iii) an [evaluation] assessment of the transportation needs of the 10 child, if any; and 11 [(v)] (iv) such other matters as the commissioner may prescribe in 12 regulation. 13 5. Evaluations for children who are referred to the early intervention 14 official with diagnosed physical or mental conditions that have a high 15 probability of resulting in developmental delay. (a) If a child has a 16 diagnosed physical or mental condition that has a high probability of 17 resulting in developmental delay, the child's medical or other records 18 shall be used, when available, to establish the child's eligibility for 19 the program. 20 (b) The evaluator shall, upon review of the referral form provided in 21 accordance with section twenty-five hundred forty-two of this title or 22 any medical or other records, or at the time of initial contact with the 23 child's family, determine whether the child has a diagnosed condition 24 that establishes the child's eligibility for the program. If the evalu- 25 ator has reason to believe, after speaking with the child's family, that 26 the child may have a diagnosed condition that establishes the child's 27 eligibility but the evaluator has not been provided with medical or 28 other documentation of such diagnosis, the evaluator shall, with 29 parental consent, obtain such documentation, when available, prior to 30 proceeding with the evaluation of the child. 31 (c) The evaluator shall review all records received to document that 32 the child's diagnosis as set forth in such records establishes the 33 child's eligibility for the early intervention program. 34 (d) Notwithstanding subdivision four of this section, if the child's 35 eligibility for the early intervention program is established in accord- 36 ance with this subdivision, the evaluation of the child shall (i) 37 consist of a review of the results of the medical or other records that 38 established the child's eligibility, and any other pertinent evaluations 39 or records available and (ii) comply with the procedures set forth in 40 paragraph (f) of subdivision four of this section. The evaluation proce- 41 dures set forth in paragraphs (a) through (e) of subdivision four of 42 this section shall not be required or conducted. 43 6. An evaluation shall not include a reference to any specific provid- 44 er of early intervention services. 45 [6.] 7. Nothing in this section shall restrict an evaluator from 46 utilizing, in addition to findings from his or her personal examination, 47 other examinations, evaluations or assessments conducted for such child, 48 including those conducted prior to the evaluation under this section, if 49 such examinations, evaluations or assessments are consistent with the 50 coordinated standards and procedures. 51 [7.] 8. Following completion of the evaluation, the evaluator shall 52 provide the parent and service coordinator with a copy of a summary of 53 the full evaluation. To the extent practicable, the summary shall be 54 provided in the native language of the parent. Upon request of the 55 parent, early intervention official or service coordinator, the evalu-S. 7507--A 48 A. 9507--A 1 ator shall provide a copy of the full evaluation to such parent, early 2 intervention official or service coordinator. 3 [8.] 9. A parent who disagrees with the results of an evaluation may 4 obtain an additional evaluation or partial evaluation at public expense 5 to the extent authorized by federal law or regulation. 6 [9.] 10. Upon receipt of the results of an evaluation, a service coor- 7 dinator may, with parental consent, require additional diagnostic infor- 8 mation regarding the condition of the child, provided, however, that 9 such evaluation or assessment is not unnecessarily duplicative or inva- 10 sive to the child, and provided further, that: 11 (a) where the evaluation has established the child's eligibility, such 12 additional diagnostic information shall be used solely to provide addi- 13 tional information to the parent and service coordinator regarding the 14 child's need for services and cannot be a basis for refuting eligibil- 15 ity; 16 (b) the service coordinator provides the parent with a written expla- 17 nation of the basis for requiring additional diagnostic information; 18 (c) the additional diagnostic procedures are at no expense to the 19 parent; and 20 (d) the evaluation is completed and a meeting to develop an IFSP is 21 held within the time prescribed in subdivision one of section twenty- 22 five hundred forty-five of this title. 23 [10.] 11. (a) If the screening indicates that the infant or toddler is 24 not an eligible child and the parent elects not to have an evaluation, 25 or if the evaluation indicates that the infant or toddler is not an 26 eligible child, the service coordinator shall inform the parent of other 27 programs or services that may benefit such child, and the child's family 28 and, with parental consent, refer such child to such programs or 29 services. 30 (b) A parent may appeal a determination that a child is ineligible 31 pursuant to the provisions of section twenty-five hundred forty-nine of 32 this title, provided, however, that a parent may not initiate such 33 appeal until all evaluations are completed. In addition, for a child 34 referred to the early intervention official who has a diagnosed physical 35 or mental condition that establishes the child's eligibility for the 36 program in accordance with subdivision five of this section, the parent 37 may appeal the denial of a request to have the evaluator conduct the 38 evaluation procedures set forth in paragraphs (a) through (e) of subdi- 39 vision four of this section, provided, however, that the parent may not 40 initiate the appeal until the evaluation conducted in accordance with 41 subdivision five of this section is completed. 42 [11.] 12. Notwithstanding any other provision of law to the contrary, 43 where a request has been made to review an IFSP prior to the six-month 44 interval provided in subdivision seven of section twenty-five hundred 45 forty-five of this title for purposes of increasing frequency or dura- 46 tion of an approved service, including service coordination, the early 47 intervention official may require an additional evaluation or partial 48 evaluation at public expense by an approved evaluator other than the 49 current provider of service, with parent consent. 50 § 5. Section 3235-a of the insurance law, as added by section 3 of 51 part C of chapter 1 of the laws of 2002, subsection (c) as amended by 52 section 17 of part A of chapter 56 of the laws of 2012, is amended to 53 read as follows: 54 § 3235-a. Payment for early intervention services. (a) No policy of 55 accident and health insurance, including contracts issued pursuant to 56 article forty-three of this chapter, shall exclude coverage for other-S. 7507--A 49 A. 9507--A 1 wise covered services solely on the basis that the services constitute 2 early intervention program services under title two-A of article twen- 3 ty-five of the public health law; provided, however, the insurer, 4 including a health maintenance organization issued a certificate of 5 authority under article forty-four of the public health law and a corpo- 6 ration organized under article forty-three of this chapter shall pay for 7 such services to the extent that the services are a covered benefit 8 under the policy. 9 (b) Where a policy of accident and health insurance, including a 10 contract issued pursuant to article forty-three of this chapter, 11 provides coverage for an early intervention program service, such cover- 12 age shall not be applied against any maximum annual or lifetime monetary 13 limits set forth in such policy or contract. Any documentation obtained 14 pursuant to subparagraph (ii) of paragraph (a) of subdivision three of 15 section twenty-five hundred fifty-nine of the public health law and 16 submitted to the insurer shall be considered as part of precertif- 17 ication, preauthorization and/or medical necessity review imposed under 18 such policy of accident and health insurance, including a contract 19 issued pursuant to article forty-three of this chapter. Visit limita- 20 tions and other terms and conditions of the policy will continue to 21 apply to early intervention services. However, any visits used for early 22 intervention program services shall not reduce the number of visits 23 otherwise available under the policy or contract for such services. 24 (c) Any right of subrogation to benefits which a municipality or 25 provider is entitled in accordance with paragraph (d) of subdivision 26 three of section twenty-five hundred fifty-nine of the public health law 27 shall be valid and enforceable to the extent benefits are available 28 under any accident and health insurance policy. The right of subrogation 29 does not attach to insurance benefits paid or provided under any acci- 30 dent and health insurance policy prior to receipt by the insurer of 31 written notice from the municipality or provider, as applicable. The 32 insurer shall provide [the] such municipality and service coordinator 33 with information on the extent of benefits available to the covered 34 person under such policy within fifteen days of the insurer's receipt of 35 written request and notice authorizing such release. The service coordi- 36 nator shall provide such information to the rendering provider assigned 37 to provide services to the child. 38 (d) No insurer, including a health maintenance organization issued a 39 certificate of authority under article forty-four of the public health 40 law and a corporation organized under article forty-three of this chap- 41 ter, shall refuse to issue an accident and health insurance policy or 42 contract or refuse to renew an accident and health insurance policy or 43 contract solely because the applicant or insured is receiving services 44 under the early intervention program. 45 § 6. Paragraph (a) of subdivision 3 of section 2559 of the public 46 health law, as amended by section 11 of part A of chapter 56 of the laws 47 of 2012, is amended to read as follows: 48 (a) Providers of evaluations and early intervention services, herein- 49 after collectively referred to in this subdivision as "provider" or 50 "providers", shall in the first instance and where applicable, seek 51 payment from all third party payors including governmental agencies 52 prior to claiming payment from a given municipality for evaluations 53 conducted under the program and for services rendered to eligible chil- 54 dren, provided that, the obligation to seek payment shall not apply to a 55 payment from a third party payor who is not prohibited from applying 56 such payment, and will apply such payment, to an annual or lifetimeS. 7507--A 50 A. 9507--A 1 limit specified in the insured's policy. If such a claim is denied by a 2 third party payor, the provider shall request an appeal of such denial, 3 in a manner prescribed by the department, in accordance with article 4 forty-nine of this chapter and article forty-nine of the insurance law, 5 and shall receive a determination of such appeal prior to submitting a 6 claim for payment from another third party payor or from the munici- 7 pality. A provider shall not delay or discontinue services to eligible 8 children pending payment of the claim or pending a determination of any 9 denial for payment that has been appealed. 10 (i) [Parents] In a form prescribed by the department, parents shall 11 provide the municipality [and], service coordinator and provider infor- 12 mation on any insurance policy, plan or contract under which an eligible 13 child has coverage. 14 (ii) [Parents] In a timeline and format as prescribed by the depart- 15 ment, the municipality shall request from the parent, and the parent 16 shall provide the municipality [and the service coordinator], who shall 17 provide such documentation to the service coordinator and provider, 18 with: (A) a written order, referral [from a primary care provider as19documentation, for eligible children, of] or recommendation, signed by a 20 physician, physician assistant or nurse practitioner, for the medical 21 necessity of early intervention evaluation services to determine program 22 eligibility for early intervention services; 23 (B) a copy of an individualized family service plan agreed upon pursu- 24 ant to section twenty-five hundred forty-five of this title that 25 contains documentation, signed by a physician, physician assistant or 26 nurse practitioner on the medical necessity of early intervention 27 services included in the individualized family service plan; 28 (C) written consent to contact the child's physician, physician 29 assistant or nurse practitioner for purposes of obtaining a signed writ- 30 ten order, referral, or recommendation as documentation for the medical 31 necessity of early intervention evaluation services to determine program 32 eligibility for early intervention services; or 33 (D) written consent to contact the child's physician, physician 34 assistant or nurse practitioner for purposes of obtaining signed 35 documentation of the medical necessity of early intervention services 36 contained within the individualized family service plan agreed upon 37 pursuant to section twenty-five hundred forty-five of this title. 38 (iii) [providers] Providers shall utilize the department's fiscal 39 agent and data system for claiming payment and for requesting appeals of 40 claims denied by third party payors, for evaluations and services 41 rendered under the early intervention program. 42 § 7. Paragraph (d) of subdivision 3 of section 2559 of the public 43 health law, as amended by section 11 of part A of chapter 56 of the laws 44 of 2012, is amended to read as follows: 45 (d) A municipality, or its designee, and a provider shall be subrogat- 46 ed, to the extent of the expenditures by such municipality or for early 47 intervention services furnished to persons eligible for benefits under 48 this title, to any rights such person may have or be entitled to from 49 third party reimbursement. The provider shall submit any documentation 50 obtained pursuant to subparagraph (ii) of paragraph (a) of this subdivi- 51 sion and shall submit notice to the insurer or plan administrator of his 52 or her exercise of such right of subrogation upon the provider's assign- 53 ment as the early intervention service provider for the child. The right 54 of subrogation does not attach to benefits paid or provided under any 55 health insurance policy or health benefits plan prior to receipt ofS. 7507--A 51 A. 9507--A 1 written notice of the exercise of subrogation rights by the insurer or 2 plan administrator providing such benefits. 3 § 8. Subdivision 7 of section 4900 of the public health law, as 4 amended by chapter 558 of the laws of 1999, is amended to read as 5 follows: 6 7. "Health care provider" means a health care professional or a facil- 7 ity licensed pursuant to articles twenty-eight, thirty-six, forty-four 8 or forty-seven of this chapter [or], a facility licensed pursuant to 9 article nineteen, twenty-three, thirty-one or thirty-two of the mental 10 hygiene law, qualified personnel pursuant to title two-A of article 11 twenty-five of this chapter or an agency as defined by the department of 12 health in regulations promulgated pursuant to title two-A of article 13 twenty-five of this chapter. 14 § 9. Subdivision 1 of section 4904 of the public health law, as added 15 by chapter 705 of the laws of 1996, is amended to read as follows: 16 1. An enrollee, the enrollee's designee and, in connection with retro- 17 spective adverse determinations or adverse determinations for services 18 rendered in accordance title two-A of article twenty-five of this chap- 19 ter, an enrollee's health care provider, may appeal an adverse determi- 20 nation rendered by a utilization review agent. 21 § 10. The opening paragraph of subdivision 2 of section 4910 of the 22 public health law, as amended by chapter 237 of the laws of 2009, is 23 amended to read as follows: 24 An enrollee, the enrollee's designee and, in connection with concur- 25 rent and retrospective adverse determinations or adverse determinations 26 for services rendered in accordance with title two-A of article twenty- 27 five of this chapter, an enrollee's health care provider, shall have the 28 right to request an external appeal when: 29 § 11. Paragraph (a) of subdivision 4 of section 4914 of the public 30 health law, as amended by chapter 237 of the laws of 2009, is amended to 31 read as follows: 32 (a) Except as provided in paragraphs (b) and (c) of this subdivision, 33 payment for an external appeal, including an appeal for services 34 rendered in accordance with title two-A of article twenty-five of this 35 chapter, shall be the responsibility of the health care plan. The health 36 care plan shall make payment to the external appeal agent within forty- 37 five days from the date the appeal determination is received by the 38 health care plan, and the health care plan shall be obligated to pay 39 such amount together with interest thereon calculated at a rate which is 40 the greater of the rate set by the commissioner of taxation and finance 41 for corporate taxes pursuant to paragraph one of subsection (e) of 42 section one thousand ninety-six of the tax law or twelve percent per 43 annum, to be computed from the date the bill was required to be paid, in 44 the event that payment is not made within such forty-five days. 45 § 12. Subsection (g) of section 4900 of the insurance law, as amended 46 by chapter 558 of the laws of 1999, is amended to read as follows: 47 (g) "Health care provider" means a health care professional or a 48 facility licensed pursuant to article twenty-eight, thirty-six, forty- 49 four or forty-seven of the public health law [or], a facility licensed 50 pursuant to article nineteen, twenty-three, thirty-one or thirty-two of 51 the mental hygiene law, qualified personnel pursuant to title two-A of 52 article twenty-five of the public health law, or an agency as defined by 53 the department of health in regulations promulgated pursuant to title 54 two-A of article twenty-five of the public health law. 55 § 13. Subsection (a) of section 4904 of the insurance law, as added by 56 chapter 705 of the laws of 1996, is amended to read as follows:S. 7507--A 52 A. 9507--A 1 (a) An insured, the insured's designee and, in connection with retro- 2 spective adverse determinations or adverse determinations for services 3 rendered in accordance with title two-A of article twenty-five of the 4 public health law, an insured's health care provider, may appeal an 5 adverse determination rendered by a utilization review agent. 6 § 14. The opening paragraph of subsection (b) of section 4910 of the 7 insurance law, as amended by chapter 237 of the laws of 2009, is amended 8 to read as follows: 9 An insured, the insured's designee and, in connection with concurrent 10 and retrospective adverse determinations or adverse determinations for 11 services rendered in accordance with title two-A of article twenty-five 12 of the public health law, an insured's health care provider, shall have 13 the right to request an external appeal when: 14 § 15. Paragraph 1 of subsection (d) of section 4914 of the insurance 15 law, as amended by chapter 237 of the laws of 2009, is amended to read 16 as follows: 17 (1) Except as provided in paragraphs two and three of this subsection, 18 payment for an external appeal, including an appeal for services 19 rendered in accordance with title two-A of article twenty-five of the 20 public health law, shall be the responsibility of the health care plan. 21 The health care plan shall make payment to the external appeal agent 22 within forty-five days, from the date the appeal determination is 23 received by the health care plan, and the health care plan shall be 24 obligated to pay such amount together with interest thereon calculated 25 at a rate which is the greater of the rate set by the commissioner of 26 taxation and finance for corporate taxes pursuant to paragraph one of 27 subsection (e) of section one thousand ninety-six of the tax law or 28 twelve percent per annum, to be computed from the date the bill was 29 required to be paid, in the event that payment is not made within such 30 forty-five days. 31 § 16. Paragraph 1 of subsection (c) of section 109 of the insurance 32 law, as amended by section 55 of part A of chapter 62 of the laws of 33 2011, is amended to read as follows: 34 (1) If the superintendent finds after notice and hearing that any 35 [authorized] insurer, representative of the insurer, [licensed] insur- 36 ance agent, [licensed] insurance broker, [licensed] adjuster, or any 37 other person or entity [licensed, certified, registered, or authorized38pursuant] subject to this chapter, has wilfully violated the provisions 39 of this chapter or any regulation promulgated thereunder, then the 40 superintendent may order the person or entity to pay to the people of 41 this state a penalty in a sum not exceeding the greater of: (i) one 42 thousand dollars for each offense; or (ii) where the violation relates 43 to either the failure to pay a claim or making a false statement to the 44 superintendent or the department, the greater of (A) ten thousand 45 dollars for each offense, or (B) a multiple of two times the aggregate 46 damages attributable to the violation, or (C) a multiple of two times 47 the aggregate economic gain attributable to the violation. 48 § 17. Upon enactment of the amendments to paragraph (a) of subdivision 49 3 of section 2559 of the public health law made by section six of this 50 act, providers of early intervention services shall receive a two 51 percent increase in rates of reimbursement for early intervention 52 services provided that for payments made for early intervention services 53 to persons eligible for medical assistance pursuant to title eleven of 54 article five of the social services law, the two percent increase shall 55 be subject to the availability of federal financial participation.S. 7507--A 53 A. 9507--A 1 § 18. This act shall take effect immediately and shall be deemed to 2 have been in full force and effect on or after April 1, 2018; provided 3 that the amendments to section 3235-a of the insurance law made by 4 section five of this act shall apply only to policies and contracts 5 issued, renewed, modified, altered or amended on or after such date. 6 PART P 7 Section 1. The opening paragraph of paragraph (b) of subdivision 5-a 8 of section 2807-m of the public health law, as amended by section 6 of 9 part H of chapter 57 of the laws of 2017, is amended to read as follows: 10 Nine million one hundred twenty thousand dollars annually for the 11 period January first, two thousand nine through December thirty-first, 12 two thousand ten, and two million two hundred eighty thousand dollars 13 for the period January first, two thousand eleven, through March thir- 14 ty-first, two thousand eleven, nine million one hundred twenty thousand 15 dollars each state fiscal year for the period April first, two thousand 16 eleven through March thirty-first, two thousand fourteen, up to eight 17 million six hundred twelve thousand dollars each state fiscal year for 18 the period April first, two thousand fourteen through March thirty- 19 first, two thousand seventeen, and up to eight million six hundred 20 twelve thousand dollars each state fiscal year for the period April 21 first, two thousand seventeen through March thirty-first, two thousand 22 [twenty] eighteen, shall be set aside and reserved by the commissioner 23 from the regional pools established pursuant to subdivision two of this 24 section to be allocated regionally with two-thirds of the available 25 funding going to New York city and one-third of the available funding 26 going to the rest of the state and shall be available for distribution 27 as follows: 28 § 2. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section 29 2807-s of the public health law, as amended by section 4 of part H of 30 chapter 57 of the laws of 2017, is amended to read as follows: 31 (xiii) twenty-three million eight hundred thirty-six thousand dollars 32 each state fiscal year for the period April first, two thousand twelve 33 through March thirty-first, two thousand eighteen, and fifteen million 34 two hundred twenty-four thousand dollars for each state fiscal year for 35 the period April first, two thousand eighteen through March thirty- 36 first, two thousand twenty; 37 § 3. Subdivision 9 of section 2803 of the public health law is 38 REPEALED. 39 § 4. This act shall take effect immediately; provided, however, that 40 the amendments to subparagraph (xiii) of paragraph (a) of subdivision 7 41 of section 2807-s of the public health law made by section two of this 42 act shall not affect the expiration of such section and shall be deemed 43 to expire therewith. 44 PART Q 45 Section 1. The public health law is amended by adding a new section 46 2825-f to read as follows: 47 § 2825-f. Health care facility transformation program: statewide III. 48 1. A statewide health care facility transformation program is hereby 49 established under the joint administration of the commissioner and the 50 president of the dormitory authority of the state of New York for the 51 purpose of strengthening and protecting continued access to health care 52 services in communities. The program shall provide funding in support ofS. 7507--A 54 A. 9507--A 1 capital projects, debt retirement, working capital or other non-capital 2 projects that facilitate health care transformation activities includ- 3 ing, but not limited to, merger, consolidation, acquisition or other 4 activities intended to: (a) create financially sustainable systems of 5 care; (b) preserve or expand essential health care services; (c) modern- 6 ize obsolete facility physical plants and infrastructure; (d) foster 7 participation in value based payments arrangements including, but not 8 limited to, contracts with managed care plans and accountable care 9 organizations; (e) for residential health care facilities, increase the 10 quality of resident care or experience; or (f) improve health informa- 11 tion technology infrastructure, including telehealth, to strengthen the 12 acute, post-acute and long-term care continuum. Grants shall not be 13 available to support general operating expenses. The issuance of any 14 bonds or notes hereunder shall be subject to section sixteen hundred 15 eighty-r of the public authorities law and the approval of the director 16 of the division of the budget, and any projects funded through the issu- 17 ance of bonds or notes hereunder shall be approved by the New York state 18 public authorities control board, as required under section fifty-one of 19 the public authorities law. 20 2. The commissioner and the president of the dormitory authority shall 21 enter into an agreement, subject to approval by the director of the 22 budget, and subject to section sixteen hundred eighty-r of the public 23 authorities law, for the purposes of awarding, distributing, and admin- 24 istering the funds made available pursuant to this section. Such funds 25 may be distributed by the commissioner for grants to general hospitals, 26 residential health care facilities, diagnostic and treatment centers and 27 clinics licensed pursuant to this chapter or the mental hygiene law, and 28 community-based health care providers as defined in subdivision three of 29 this section for grants in support of the purposes set forth in this 30 section. A copy of such agreement, and any amendments thereto, shall be 31 provided to the chair of the senate finance committee, the chair of the 32 assembly ways and means committee, and the director of the division of 33 the budget no later than thirty days prior to the release of a request 34 for applications for funding under this program. Projects awarded, in 35 whole or part, under sections twenty-eight hundred twenty-five-a and 36 twenty-eight hundred twenty-five-b of this article shall not be eligible 37 for grants or awards made available under this section. 38 3. Notwithstanding section one hundred sixty-three of the state 39 finance law or any inconsistent provision of law to the contrary, up to 40 four hundred and twenty-five million dollars of the funds appropriated 41 for this program shall be awarded without a competitive bid or request 42 for proposal process for grants to health care providers (hereafter 43 "applicants"). Provided, however, that a minimum of: (a) sixty million 44 dollars of total awarded funds shall be made to community-based health 45 care providers, which for purposes of this section shall be defined as a 46 diagnostic and treatment center licensed or granted an operating certif- 47 icate under this article; a mental health clinic licensed or granted an 48 operating certificate under article thirty-one of the mental hygiene 49 law; a substance use disorder treatment clinic licensed or granted an 50 operating certificate under article thirty-two of the mental hygiene 51 law; a primary care provider; a home care provider certified or licensed 52 pursuant to article thirty-six of this chapter; or an assisted living 53 program approved by the department pursuant to subdivision one of 54 section four hundred sixty one-1 of the social services law; and (b) 55 forty-five million dollars of the total awarded funds shall be made to 56 residential health care facilities.S. 7507--A 55 A. 9507--A 1 4. Notwithstanding any inconsistent subdivision of this section or any 2 other provision of law to the contrary, the commissioner, with the 3 approval of the director of the budget, may expend up to twenty million 4 dollars of the funds appropriated for this program and designated for 5 community-based health care providers pursuant to subdivision three of 6 this section for awards made pursuant to paragraph (l) of subdivision 7 three of section four hundred sixty-one-l of the social services law. 8 5. In determining awards for eligible applicants under this section, 9 the commissioner shall consider criteria including, but not limited to: 10 (a) the extent to which the proposed project will contribute to the 11 integration of health care services or the long term sustainability of 12 the applicant or preservation of essential health services in the commu- 13 nity or communities served by the applicant; 14 (b) the extent to which the proposed project or purpose is aligned 15 with delivery system reform incentive payment ("DSRIP") program goals 16 and objectives; 17 (c) the geographic distribution of funds; 18 (d) the relationship between the proposed project and identified 19 community need; 20 (e) the extent to which the applicant has access to alternative 21 financing; 22 (f) the extent to which the proposed project furthers the development 23 of primary care and other outpatient services; 24 (g) the extent to which the proposed project benefits Medicaid enrol- 25 lees and uninsured individuals; 26 (h) the extent to which the applicant has engaged the community 27 affected by the proposed project and the manner in which community 28 engagement has shaped such project; and 29 (i) the extent to which the proposed project addresses potential risk 30 to patient safety and welfare. 31 6. Disbursement of awards made pursuant to this section shall be 32 conditioned on the awardee achieving certain process and performance 33 metrics and milestones as determined in the sole discretion of the 34 commissioner. Such metrics and milestones shall be structured to ensure 35 that the goals of the project are achieved, and such metrics and mile- 36 stones shall be included in grant disbursement agreements or other 37 contractual documents as required by the commissioner. 38 7. The department shall provide a report on a quarterly basis to the 39 chairs of the senate finance, assembly ways and means, and senate and 40 assembly health committees, until such time as the department determines 41 that the projects that receive funding pursuant to this section are 42 substantially complete. Such reports shall be submitted no later than 43 sixty days after the close of the quarter, and shall include, for each 44 award, the name of the applicant, a description of the project or 45 purpose, the amount of the award, disbursement date, and status of 46 achievement of process and performance metrics and milestones pursuant 47 to subdivision six of this section. 48 § 2. This act shall take effect immediately and shall be deemed to 49 have been in full force and effect on and after April 1, 2018. 50 PART R 51 Section 1. Section 1373 of the public health law is amended by adding 52 three new subdivisions 1-a, 1-b and 1-c to read as follows: 53 1-a. Every governmental unit or agency that is charged with or other- 54 wise accountable or responsible for administration and enforcement ofS. 7507--A 56 A. 9507--A 1 the New York state uniform fire prevention and building code, or any 2 other applicable building and fire prevention code, with respect to any 3 residential or non-residential building that is located within an area 4 designated as high risk by the commissioner pursuant to subdivision one 5 of this section, shall submit to the department aggregate reports summa- 6 rizing the outcomes of inspections and remediation conducted pursuant to 7 regulations adopted by the secretary of state pursuant to subdivision 8 seven of section three hundred eighty-one of the executive law, in a 9 format to be determined by the commissioner in consultation with the 10 secretary of state. 11 1-b. (a) The commissioner and the secretary of state shall have the 12 power to determine, individually or jointly, in such manner as he, she, 13 or they deem appropriate, the status of compliance by any governmental 14 unit or agency referred to in subdivision one-a of this section, includ- 15 ing but not limited to any city with a population of over one million, 16 with subdivision seven of section three hundred eighty-one of the execu- 17 tive law and the rules and regulations promulgated thereunder. If the 18 commissioner or the secretary of state, individually or jointly, deter- 19 mine that any such governmental unit or agency is not in compliance with 20 subdivision seven of section three hundred eighty-one of the executive 21 law or any regulations promulgated thereunder, the commissioner may take 22 any of the following actions, either individually or in combination in 23 any sequence: 24 (i) Refer, or request the secretary of state to refer, the matter to 25 the attorney general to institute in the name of the commissioner or the 26 secretary of state an action or proceeding seeking appropriate legal or 27 equitable relief to require such government unit or agency, including a 28 city with a population over one million, to comply with such rules and 29 regulations; 30 (ii) Require the governmental unit or agency in violation of subdivi- 31 sion seven of section three hundred eighty-one of the executive law, to 32 create a corrective action plan, in consultation with the local health 33 department, which shall require the government unit or agency to come 34 into compliance with subdivision seven of section three hundred eighty- 35 one of the executive law and to discontinue any paint condition condu- 36 cive to lead poisoning in any residential or non-residential building 37 located within such government unit or agency's jurisdiction; 38 (iii) Investigate and examine the actions of the governmental unit or 39 agency in violation of subdivision seven of section three hundred eight- 40 y-one of the executive law or of the rules and regulations promulgated 41 thereunder, and declare that such governmental unit or agency is main- 42 taining a public nuisance and: 43 (A) Require the jurisdictional local health department to investigate, 44 identify, and order the discontinuance of a paint condition conducive to 45 lead poisoning in any residential or non-residential building located 46 within the governmental unit or agency subject to the commissioner's 47 declaration of a public nuisance; or 48 (B) Investigate, identify and order, the discontinuance of a paint 49 condition conducive to lead poisoning in any residential or non-residen- 50 tial building located within the governmental unit or agency subject to 51 the commissioner's declaration of a public nuisance. 52 (b) The expense of an investigation pursuant to paragraph (a) of this 53 subdivision, and the discontinuance of any paint conditions conducive to 54 lead poisoning identified during such investigation, shall be paid by 55 the governmental unit or agency determined by the commissioner to have 56 maintained a public nuisance pursuant to this subdivision.S. 7507--A 57 A. 9507--A 1 1-c. All paint on any residential building which is located in an area 2 designated as high risk by the commissioner pursuant to subdivision one 3 of this section and on which the original construction was completed 4 prior to January first, nineteen hundred seventy-eight, and all paint on 5 the exterior of any non-residential building which is located in an area 6 designated as high risk by the commissioner pursuant to subdivision one 7 of this section and on which the original construction was completed 8 prior to January first, nineteen hundred seventy-eight, shall be 9 presumed to be lead-based. This presumption may be overcome by a certif- 10 ication by a lead-based paint inspector or risk assessor that the prop- 11 erty has been determined through a lead-based paint inspection conducted 12 in accordance with appropriate federal regulations not to contain lead- 13 based paint, or by such other means as may be prescribed by the rules 14 and regulations adopted by the secretary of state pursuant to paragraph 15 c of subdivision seven of section three hundred eighty-one of the execu- 16 tive law. 17 § 2. Section 378 of the executive law is amended by adding a new 18 subdivision 17 to read as follows: 19 17. For any area designated as high risk by the commissioner of health 20 pursuant to subdivision one of section thirteen hundred seventy-three of 21 the public health law, a requirement that the interior and exterior of 22 any residential building that is presumed to have lead-based paint 23 pursuant to subdivision one-c of section thirteen hundred seventy-three 24 of the public health law, and the exterior of any non-residential build- 25 ing that is presumed to have lead-based paint pursuant to subdivision 26 one-c of section thirteen hundred seventy-three of the public health 27 law, be maintained in a condition such that the paint thereon does not 28 become deteriorated paint, unless the deteriorated paint surfaces 29 comprise a minimal surface area. In a city with a population of over one 30 million, such city's local building and fire prevention codes shall 31 include provisions at least as stringent as the provisions of this 32 subdivision. 33 § 3. Section 381 of the executive law is amended by adding a new 34 subdivision 7 to read as follows: 35 7. Notwithstanding any other provision of law, the secretary, in 36 consultation with the commissioner of health, shall promulgate rules and 37 regulations with respect to governmental units and agencies that are 38 charged with or otherwise accountable or responsible for administration 39 and enforcement of the New York state uniform code, or any other appli- 40 cable building and fire prevention code, with respect to any residential 41 or non-residential building located in an area designated as high risk 42 by the commissioner of health pursuant to subdivision one of section 43 thirteen hundred seventy-three of the public health law: 44 a. Requiring that such governmental unit or agency conduct inspections 45 of all residential rental buildings in such high risk areas periodically 46 and at specified times including, but not limited to, as part of an 47 application for a certificate of occupancy, a renewal of a certificate 48 of occupancy, or based upon the filing of a complaint. Such inspections 49 shall include at a minimum a visual assessment for deteriorated paint 50 and bare soil present within the dripline of the building. 51 b. Establishing remedial actions that such governmental unit or agency 52 may require the owner or other person responsible for maintenance of the 53 subject property to take to address violations of the New York state 54 uniform code provisions, and other applicable building and fire 55 prevention code provisions, adopted pursuant to subdivision seventeen ofS. 7507--A 58 A. 9507--A 1 section three hundred seventy-eight of this article, which shall include 2 as appropriate: 3 (i) Obtaining certification by a lead-based paint inspector or risk 4 assessor that the property has been determined through a lead-based 5 paint inspection conducted in accordance with appropriate federal regu- 6 lations not to contain lead-based paint. 7 (ii) Obtaining certification by a lead-based paint inspector or risk 8 assessor that all cited violations have been abated, or interim controls 9 implemented, and clearance has been achieved in accordance with the New 10 York state uniform code or other applicable building and fire prevention 11 codes. 12 (iii) Where exterior deteriorated paint violations, including deteri- 13 orated paint violations on an open porch, and/or bare soil violations 14 are cited, or where interior deteriorated paint violations are cited in 15 a common area, clearance may be established through a visual assessment 16 by a local code enforcement officer after reduction measures have been 17 implemented. 18 c. Establishing standards for a clearance examination and report and 19 for certifications or other documentation required to overcome the 20 presumption created by subdivision one-c of section thirteen hundred 21 seventy-three of the public health law. 22 Notwithstanding any other provision of law, the rules and regulations 23 promulgated pursuant to this subdivision shall, with respect to all 24 governmental units and agencies other than cities with a population of 25 over one million, be considered to be part of the minimum standards 26 adopted pursuant to subdivision one of this section; provided, however, 27 that the closing paragraph of subdivision one of this section shall not 28 apply to inspections required by the rules and regulations promulgated 29 pursuant to this subdivision. Any governmental unit or agency other than 30 a city with a population of over one million that fails to comply with 31 the rules and regulations promulgated pursuant to this subdivision shall 32 be subject to the actions authorized by subdivision four of this 33 section. Any governmental unit or agency, including but not limited to a 34 city with a population of over one million, that fails to comply with 35 such rules and regulations shall also be subject to the actions author- 36 ized by subdivision one-b of section thirteen hundred seventy-three of 37 the public health law. 38 § 4. Paragraphs b and c of subdivision 1 of section 223-b of the real 39 property law, as amended by chapter 584 of the laws of 1991, are amended 40 and a new paragraph d is added to read as follows: 41 b. Actions taken in good faith, by or in behalf of the tenant, to 42 secure or enforce any rights under the lease or rental agreement, under 43 section two hundred thirty-five-b of this [chapter] article, or under 44 any other law of the state of New York, or of its governmental subdivi- 45 sions, or of the United States which has as its objective the regulation 46 of premises used for dwelling purposes or which pertains to the offense 47 of rent gouging in the third, second or first degree; [or] 48 c. The tenant's participation in the activities of a tenant's organ- 49 ization[.]; or 50 d. The tenant's reporting of a suspected lead-based paint hazard to 51 the owner or to any state or local agency. 52 § 5. This act shall take effect on the one hundred eightieth day after 53 it shall have become a law; provided that any rules, regulations, local 54 laws, or ordinances necessary to implement the provisions of this act on 55 its effective date are authorized to be made, adopted, or enacted on or 56 before such effective date.S. 7507--A 59 A. 9507--A 1 PART S 2 Section 1. This Part enacts into law major components of legislation 3 which are necessary to effectuate recommendations made as part of the 4 Regulatory Modernization Initiative undertaken by the Department of 5 Health. Each component is wholly contained within a Subpart identified 6 as Subparts A through C. The effective date for each particular 7 provision contained within such Subpart is set forth in the last section 8 of such Subpart. Any provision in any section contained within a 9 Subpart, including the effective date of the Subpart, which makes a 10 reference to a section "of this act," when used in connection with that 11 particular component, shall be deemed to mean and refer to the corre- 12 sponding section of the Subpart in which it is found. Section three of 13 this Part sets forth the general effective date of this Part. 14 SUBPART A 15 Section 1. The public health law is amended by adding a new section 16 2805-z to read as follows: 17 § 2805-z. Community paramedicine collaboratives. 1. For purposes of 18 this section: 19 (a) A "community paramedicine collaborative" shall mean an initiative 20 comprised of the participants set forth in subdivision two of this 21 section and organized to carry out a community paramedicine program as 22 defined in paragraph (b) of this subdivision. 23 (b) A "community paramedicine program" shall mean a program carried 24 out by a community paramedicine collaborative for the purpose of achiev- 25 ing objectives identified by the collaborative, pursuant to which indi- 26 viduals who are certified under regulations issued pursuant to section 27 three thousand two of this chapter shall perform community paramedicine 28 services in residential settings other than the initial emergency 29 medical care and transportation of sick and injured persons, provided 30 that such individuals are: 31 (i) certified pursuant to article thirty of this chapter; 32 (ii) employees or volunteers of an emergency medical services provider 33 that participates in the collaborative; 34 (iii) providing services that are within their education or training; 35 and 36 (iv) working under medical control as defined by subdivision fifteen 37 of section three thousand one of this title. 38 (c) "Community paramedicine services" shall mean services provided in 39 residential settings by individuals who are certified under regulations 40 issued pursuant to section three thousand two of this chapter and 41 employees or volunteers of an emergency medical services provider, other 42 than the initial emergency medical care and transportation of sick and 43 injured persons. 44 (d) An "emergency medical services provider" shall mean an ambulance 45 service or an advanced life support first response service that is 46 certified under article thirty of this chapter to provide ambulance or 47 advanced life support first response services and staffed by individuals 48 who are certified under regulations issued pursuant to section three 49 thousand two of this chapter to provide basic or advanced life support. 50 2. (a) At a minimum, a community paramedicine collaborative shall 51 include the participation of at least one hospital licensed under this 52 article, at least one physician who may but need not be employed or 53 otherwise affiliated with a hospital participating in such collabora-S. 7507--A 60 A. 9507--A 1 tive, at least one emergency medical services provider and, if the 2 community paramedicine services are to be provided in a private resi- 3 dence, at least one home care services agency licensed or certified 4 under article thirty-six of this chapter. 5 (b) Where the collaborative's objectives include a focus on serving 6 individuals with behavioral health conditions and/or individuals with 7 developmental disabilities, the collaborative shall include the partic- 8 ipation of providers operated, licensed, or certified by the office of 9 mental health, the office of alcoholism and substance abuse services, 10 and/or the office for people with developmental disabilities, as appro- 11 priate. 12 (c) Such collaborative may also include additional participants such 13 as payors and local health departments. 14 3. A community paramedicine collaborative may establish a community 15 paramedicine program to provide community paramedicine services to indi- 16 viduals living in residential settings for the purpose of achieving 17 objectives identified by the collaborative such as: preventing emergen- 18 cies, avoidable emergency room visits, avoidable medical transport, and 19 potentially avoidable hospital admissions and readmissions; improving 20 outcomes following discharge from a general hospital or other inpatient 21 admission; and/or promoting self-management of health or behavioral 22 health care conditions. 23 4. A community paramedicine collaborative shall be required to provide 24 or arrange for appropriate orientation and training for staff partic- 25 ipating in the community paramedicine program. In all cases, such orien- 26 tation and training shall address the assessment of the needs of indi- 27 viduals with behavioral health conditions and individuals with 28 developmental disabilities. 29 5. An emergency medical services provider participating in a community 30 paramedicine collaborative shall: (a) ensure that the provision of 31 community paramedicine services occurs within the provider's primary 32 operating territory pursuant to article thirty of this chapter; and (b) 33 make reasonable efforts to ensure that it has sufficiently staffed the 34 provision of initial emergency medical care and transportation of sick 35 and injured persons before making staff available to provide community 36 paramedicine services. 37 6. (a) No community paramedicine collaborative shall begin providing 38 services under a community paramedicine program until it has notified 39 the department of the initiation of such collaborative by: 40 (i) identifying the participants of the collaborative and the individ- 41 ual who will serve as the point of contact; 42 (ii) describing the goals of the collaborative in carrying out a 43 community paramedicine program; 44 (iii) describing the population to be served by the community paramed- 45 icine program and the geographic area in which the program will focus; 46 (iv) identifying the services to be offered under the community param- 47 edicine program and the collaborative participants that will provide 48 such services; 49 (v) describing the collaborative's plan to assure, to the extent 50 possible, that care provided under the community paramedicine program is 51 coordinated with other providers of the individuals served; 52 (vi) describing the quality assurance and improvement procedures that 53 will be used by the collaborative in carrying out the community paramed- 54 icine program; and 55 (vii) identifying the date of the anticipated start of activities. 56 (b) A community paramedicine collaborative shall:S. 7507--A 61 A. 9507--A 1 (i) promptly update the department as to any changes in the informa- 2 tion required under paragraph (a) of this subdivision; and 3 (ii) provide information to the department about the collaborative's 4 activities and outcomes at a frequency and in a manner determined by the 5 department, which at a minimum shall include an annual report. 6 7. Nothing in this section shall be deemed to prohibit the performance 7 of any tasks or responsibilities by any person licensed or certified 8 under this chapter or under title VIII of the education law or by any 9 entity licensed or certified under this article or under the mental 10 hygiene law, provided such tasks or responsibilities are permitted 11 pursuant to such statutory provisions. 12 § 2. Subdivision 15 of section 3001 of the public health law, as 13 amended by chapter 445 of the laws of 1993, is amended to read as 14 follows: 15 15. "Medical control" means: (a) advice and direction provided by a 16 physician or under the direction of a physician to certified first 17 responders, emergency medical technicians or advanced emergency medical 18 technicians who are providing medical care at the scene of an emergency 19 or en route to a health care facility; [and] (b) indirect medical 20 control including the written policies, procedures, and protocols for 21 prehospital emergency medical care and transportation developed by the 22 state emergency medical advisory committee, approved by the state emer- 23 gency medical services council and the commissioner, and implemented by 24 regional medical advisory committees; and (c) in a community paramedi- 25 cine program established by a community paramedicine collaborative 26 pursuant to section twenty-eight hundred five-z of this chapter, advice 27 and direction provided and policies, procedures, and protocols issued by 28 a physician within the collaborative who is responsible for the overall 29 clinical supervision of the community paramedicine program. 30 § 3. The public health law is amended by adding a new section 3001-a 31 to read as follows: 32 § 3001-a. Community paramedicine services. Notwithstanding any incon- 33 sistent provision of this article, an individual who is certified under 34 regulations issued pursuant to section three thousand two of this arti- 35 cle to provide basic or advanced life support may, in the course of his 36 or her work as an employee or volunteer of an ambulance service or an 37 advanced life support first response service certified under this arti- 38 cle, also participate as an employee or volunteer of such service in a 39 community paramedicine program established by a community paramedicine 40 collaborative pursuant to section twenty-eight hundred five-z of this 41 chapter. 42 § 4. Subdivision 2 of section 365-a of the social services law is 43 amended by adding a new paragraph (ff) to read as follows: 44 (ff) subject to the availability of federal financial participation, 45 community paramedicine services provided in accordance with the require- 46 ments of section twenty-eight hundred five-z of the public health law. 47 § 5. This act shall take effect immediately. 48 SUBPART B 49 Section 1. Subdivision 1 of section 2801 of the public health law, as 50 amended by chapter 397 of the laws of 2016, is amended to read as 51 follows: 52 1. "Hospital" means a facility or institution engaged principally in 53 providing services by or under the supervision of a physician or, in the 54 case of a dental clinic or dental dispensary, of a dentist, or, in theS. 7507--A 62 A. 9507--A 1 case of a midwifery birth center, of a midwife, for the prevention, 2 diagnosis or treatment of human disease, pain, injury, deformity or 3 physical condition, including, but not limited to, a general hospital, 4 public health center, diagnostic center, treatment center, dental clin- 5 ic, dental dispensary, rehabilitation center other than a facility used 6 solely for vocational rehabilitation, nursing home, tuberculosis hospi- 7 tal, chronic disease hospital, maternity hospital, midwifery birth 8 center, lying-in-asylum, out-patient department, out-patient lodge, 9 dispensary and a laboratory or central service facility serving one or 10 more such institutions, but the term hospital shall not include an 11 institution, sanitarium or other facility engaged principally in provid- 12 ing services for the prevention, diagnosis or treatment of mental disa- 13 bility and which is subject to the powers of visitation, examination, 14 inspection and investigation of the department of mental hygiene except 15 for those distinct parts of such a facility which provide hospital 16 service. The provisions of this article shall not apply to a facility or 17 institution engaged principally in providing services by or under the 18 supervision of the bona fide members and adherents of a recognized reli- 19 gious organization whose teachings include reliance on spiritual means 20 through prayer alone for healing in the practice of the religion of such 21 organization and where services are provided in accordance with those 22 teachings. No provision of this article or any other provision of law 23 shall be construed to: (a) limit the volume of mental health or 24 substance use disorder services that can be provided by a provider of 25 primary care services licensed under this article and authorized to 26 provide integrated services in accordance with regulations issued by the 27 commissioner in consultation with the commissioner of the office of 28 mental health and the commissioner of the office of alcoholism and 29 substance abuse services, including regulations issued pursuant to 30 subdivision seven of section three hundred sixty-five-l of the social 31 services law or part L of chapter fifty-six of the laws of two thousand 32 twelve; (b) require a provider licensed pursuant to article thirty-one 33 of the mental hygiene law or certified pursuant to article thirty-two of 34 the mental hygiene law to obtain an operating certificate from the 35 department if such provider has been authorized to provide integrated 36 services in accordance with regulations issued by the commissioner in 37 consultation with the commissioner of the office of mental health and 38 the commissioner of the office of alcoholism and substance abuse 39 services, including regulations issued pursuant to subdivision seven of 40 section three hundred sixty-five-l of the social services law or part L 41 of chapter fifty-six of the laws of two thousand twelve. 42 § 2. Section 31.02 of the mental hygiene law is amended by adding a 43 new subdivision (f) to read as follows: 44 (f) No provision of this article or any other provision of law shall 45 be construed to require a provider licensed pursuant to article twenty- 46 eight of the public health law or certified pursuant to article thirty- 47 two of this chapter to obtain an operating certificate from the office 48 of mental health if such provider has been authorized to provide inte- 49 grated services in accordance with regulations issued by the commission- 50 er of the office of mental health in consultation with the commissioner 51 of the department of health and the commissioner of the office of alco- 52 holism and substance abuse services, including regulations issued pursu- 53 ant to subdivision seven of section three hundred sixty-five-l of the 54 social services law or part L of chapter fifty-six of the laws of two 55 thousand twelve.S. 7507--A 63 A. 9507--A 1 § 3. Subdivision (b) of section 32.05 of the mental hygiene law, as 2 amended by chapter 204 of the laws of 2007, is amended to read as 3 follows: 4 (b) (i) Methadone, or such other controlled substance designated by 5 the commissioner of health as appropriate for such use, may be adminis- 6 tered to an addict, as defined in section thirty-three hundred two of 7 the public health law, by individual physicians, groups of physicians 8 and public or private medical facilities certified pursuant to article 9 twenty-eight or thirty-three of the public health law as part of a chem- 10 ical dependence program which has been issued an operating certificate 11 by the commissioner pursuant to subdivision (b) of section 32.09 of this 12 article, provided, however, that such administration must be done in 13 accordance with all applicable federal and state laws and regulations. 14 Individual physicians or groups of physicians who have obtained authori- 15 zation from the federal government to administer buprenorphine to 16 addicts may do so without obtaining an operating certificate from the 17 commissioner. (ii) No provision of this article or any other provision 18 of law shall be construed to require a provider licensed pursuant to 19 article twenty-eight of the public health law or article thirty-one of 20 this chapter to obtain an operating certificate from the office of alco- 21 holism and substance abuse services if such provider has been authorized 22 to provide integrated services in accordance with regulations issued by 23 the commissioner of alcoholism and substance abuse services in consulta- 24 tion with the commissioner of the department of health and the commis- 25 sioner of the office of mental health, including regulations issued 26 pursuant to subdivision seven of section three hundred sixty-five-l of 27 the social services law or part L of chapter fifty-six of the laws of 28 two thousand twelve. 29 § 4. This act shall take effect on the one hundred eightieth day after 30 it shall have become a law; provided, however, that the commissioner of 31 the department of health, the commissioner of the office of mental 32 health, and the commissioner of the office of alcoholism and substance 33 abuse services are authorized to issue any rule or regulation necessary 34 for the implementation of this act on or before its effective date. 35 SUBPART C 36 Section 1. Paragraphs (s) and (t) of subdivision 2 of section 2999-cc 37 of the public health law, as amended by chapter 454 of the laws of 2015, 38 are amended and a new paragraph (u) is added to read as follows: 39 (s) a hospice as defined in article forty of this chapter; [and] 40 (t) credentialed alcoholism and substance abuse counselors creden- 41 tialed by the office of alcoholism and substance abuse services or by a 42 credentialing entity approved by such office pursuant to section 19.07 43 of the mental hygiene law; 44 (u) providers authorized to provide services and service coordination 45 under the early intervention program pursuant to article twenty-five of 46 this chapter; and 47 (v) any other provider as determined by the commissioner pursuant to 48 regulation or, in consultation with the commissioner, by the commission- 49 er of the office of mental health, the commissioner of the office of 50 alcoholism and substance abuse services, or the commissioner of the 51 office for people with developmental disabilities pursuant to 52 regulation.S. 7507--A 64 A. 9507--A 1 § 2. Subdivision 3 of section 2999-cc of the public health law, as 2 separately amended by chapters 238 and 285 of the laws of 2017, is 3 amended to read as follows: 4 3. "Originating site" means a site at which a patient is located at 5 the time health care services are delivered to him or her by means of 6 telehealth. Originating sites shall be limited to (a) facilities 7 licensed under articles twenty-eight and forty of this chapter[,]; (b) 8 facilities as defined in subdivision six of section 1.03 of the mental 9 hygiene law[,]; (c) private physician's or dentist's offices located 10 within the state of New York[,]; (d) any type of adult care facility 11 licensed under title two of article seven of the social services law[,]; 12 (e) public, private and charter elementary and secondary schools, school 13 age child care programs, and child day care centers within the state of 14 New York; and[, when a patient is receiving health care services by15means of remote patient monitoring,] (f) the patient's place of resi- 16 dence located within the state of New York or other temporary location 17 located within or outside the state of New York; subject to regulation 18 issued by the commissioner of the office of mental health, the commis- 19 sioner of the office of alcoholism and substance abuse services, and the 20 commissioner of the office for people with developmental disabilities. 21 § 3. Subdivision 7 of section 2999-cc of the public health law, as 22 added by chapter 6 of the laws of 2015, is amended to read as follows: 23 7. "Remote patient monitoring" means the use of synchronous or asyn- 24 chronous electronic information and communication technologies to 25 collect personal health information and medical data from a patient at 26 an originating site that is transmitted to a telehealth provider at a 27 distant site for use in the treatment and management of medical condi- 28 tions that require frequent monitoring. Such technologies may include 29 additional interaction triggered by previous transmissions, such as 30 interactive queries conducted through communication technologies or by 31 telephone. Such conditions shall include, but not be limited to, conges- 32 tive heart failure, diabetes, chronic obstructive pulmonary disease, 33 wound care, polypharmacy, mental or behavioral problems, and technolo- 34 gy-dependent care such as continuous oxygen, ventilator care, total 35 parenteral nutrition or enteral feeding. Remote patient monitoring 36 shall be ordered by a physician licensed pursuant to article one hundred 37 thirty-one of the education law, a nurse practitioner licensed pursuant 38 to article one hundred thirty-nine of the education law, or a midwife 39 licensed pursuant to article one hundred forty of the education law, 40 with which the patient has a substantial and ongoing relationship. 41 § 4. This act shall take effect on the ninetieth day after it shall 42 have become a law; provided, however, that the commissioner of the 43 department of health, the commissioner of the office of mental health, 44 the commissioner of the office of alcoholism and substance abuse 45 services, and the commissioner of the office for people with develop- 46 mental disabilities are authorized to issue any rule or regulation 47 necessary for the implementation of this act on or before its effective 48 date. 49 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 50 sion, section or subpart of this act shall be adjudged by any court of 51 competent jurisdiction to be invalid, such judgment shall not affect, 52 impair, or invalidate the remainder thereof, but shall be confined in 53 its operation to the clause, sentence, paragraph, subdivision, section 54 or subpart thereof directly involved in the controversy in which such 55 judgment shall have been rendered. It is hereby declared to be theS. 7507--A 65 A. 9507--A 1 intent of the legislature that this act would have been enacted even if 2 such invalid provisions had not been included herein. 3 § 3. This act shall take effect immediately; provided, however, that 4 the applicable effective date of Subparts A through C of this act shall 5 be as specifically set forth in the last section of such Subparts. 6 PART T 7 Section 1. Subdivision (a) of section 31 of part B of chapter 59 of 8 the laws of 2016, amending the social services law relating to authoriz- 9 ing the commissioner of health to apply federally established consumer 10 price index penalties for generic drugs, and authorizing the commission- 11 er of health to impose penalties on managed care plans for reporting 12 late or incorrect encounter data, is amended to read as follows: 13 (a) section eleven of this act shall expire and be deemed repealed 14 March 31, [2018] 2023; 15 § 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws 16 of 2007, amending the social services law and other laws relating to 17 adjustments of rates, as amended by section 20 of part B of chapter 56 18 of the laws of 2013, is amended to read as follows: 19 6-a. section fifty-seven of this act shall expire and be deemed 20 repealed on [December 31, 2018] March 31, 2023; provided that the amend- 21 ments made by such section to subdivision 4 of section 366-c of the 22 social services law shall apply with respect to determining initial and 23 continuing eligibility for medical assistance, including the continued 24 eligibility of recipients originally determined eligible prior to the 25 effective date of this act, and provided further that such amendments 26 shall not apply to any person or group of persons if it is subsequently 27 determined by the Centers for Medicare and Medicaid services or by a 28 court of competent jurisdiction that medical assistance with federal 29 financial participation is available for the costs of services provided 30 to such person or persons under the provisions of subdivision 4 of 31 section 366-c of the social services law in effect immediately prior to 32 the effective date of this act. 33 § 3. Section 2 of part II of chapter 54 of the laws of 2016, amending 34 part C of chapter 58 of the laws of 2005 authorizing reimbursements for 35 expenditures made by or on behalf of social services districts for 36 medical assistance for needy persons and administration thereof, is 37 amended to read as follows: 38 § 2. This act shall take effect immediately and shall expire and be 39 deemed repealed [two years after it shall have become a law] March 31, 40 2023. 41 § 4. Section 3 of chapter 906 of the laws of 1984, amending the social 42 services law relating to expanding medical assistance eligibility and 43 the scope of services available to certain persons with disabilities, as 44 amended by section 25-a of part B of chapter 56 of the laws of 2013, is 45 amended to read as follows: 46 § 3. This act shall take effect on the thirtieth day after it shall 47 have become a law and shall be of no further force and effect after 48 [December 31, 2018] March 31, 2023, at which time the provisions of this 49 act shall be deemed to be repealed. 50 § 5. Section 4-a of part A of chapter 56 of the laws of 2013, amending 51 chapter 59 of the laws of 2011 amending the public health law and other 52 laws relating to general hospital reimbursement for annual rates relat- 53 ing to the cap on local Medicaid expenditures, as amended by section 9S. 7507--A 66 A. 9507--A 1 of part I of chapter 57 of the laws of 2017, is amended to read as 2 follows: 3 § 4-a. Notwithstanding paragraph (c) of subdivision 10 of section 4 2807-c of the public health law, section 21 of chapter 1 of the laws of 5 1999, or any other contrary provision of law, in determining rates of 6 payments by state governmental agencies effective for services provided 7 on and after January 1, [2019] 2017 through March 31, 2019, for inpa- 8 tient and outpatient services provided by general hospitals, for inpa- 9 tient services and adult day health care outpatient services provided by 10 residential health care facilities pursuant to article 28 of the public 11 health law, except for residential health care facilities or units of 12 such facilities providing services primarily to children under twenty- 13 one years of age, for home health care services provided pursuant to 14 article 36 of the public health law by certified home health agencies, 15 long term home health care programs and AIDS home care programs, and for 16 personal care services provided pursuant to section 365-a of the social 17 services law, the commissioner of health shall apply no greater than 18 zero trend factors attributable to the 2017, 2018, and 2019 calendar 19 [year] years in accordance with paragraph (c) of subdivision 10 of 20 section 2807-c of the public health law, provided, however, that such no 21 greater than zero trend factors attributable to such 2017, 2018, and 22 2019 calendar [year] years shall also be applied to rates of payment 23 provided on and after January 1, [2019] 2017 through March 31, 2019 for 24 personal care services provided in those local social services 25 districts, including New York city, whose rates of payment for such 26 services are established by such local social services districts pursu- 27 ant to a rate-setting exemption issued by the commissioner of health to 28 such local social services districts in accordance with applicable regu- 29 lations[,]; and provided further, however, that for rates of payment for 30 assisted living program services provided on and after January 1, [2019] 31 2017 through March 31, 2019, such trend factors attributable to the 32 2017, 2018, and 2019 calendar [year] years shall be established at no 33 greater than zero percent. 34 § 6. This act shall take effect immediately. 35 PART U 36 Section 1. Section 2 of part NN of chapter 58 of the laws of 2015, 37 amending the mental hygiene law relating to clarifying the authority of 38 the commissioners in the department of mental hygiene to design and 39 implement time-limited demonstration programs, is amended to read as 40 follows: 41 § 2. This act shall take effect immediately and shall expire and be 42 deemed repealed March 31, [2018] 2021. 43 § 2. This act shall take effect immediately. 44 PART V 45 Section 1. Section 7 of part R2 of chapter 62 of the laws of 2003, 46 amending the mental hygiene law and the state finance law relating to 47 the community mental health support and workforce reinvestment program, 48 the membership of subcommittees for mental health of community services 49 boards and the duties of such subcommittees and creating the community 50 mental health and workforce reinvestment account, as amended by section 51 3 of part G of chapter 60 of the laws of 2014, is amended to read as 52 follows:S. 7507--A 67 A. 9507--A 1 § 7. This act shall take effect immediately and shall expire March 31, 2 [2018] 2021 when upon such date the provisions of this act shall be 3 deemed repealed. 4 § 2. This act shall take effect immediately. 5 PART W 6 Section 1. Subdivision 9 of section 730.10 of the criminal procedure 7 law, as added by section 1 of part Q of chapter 56 of the laws of 2012, 8 is amended to read as follows: 9 9. "Appropriate institution" means: (a) a hospital operated by the 10 office of mental health or a developmental center operated by the office 11 for people with developmental disabilities; [or] (b) a hospital licensed 12 by the department of health which operates a psychiatric unit licensed 13 by the office of mental health, as determined by the commissioner 14 provided, however, that any such hospital that is not operated by the 15 state shall qualify as an "appropriate institution" only pursuant to the 16 terms of an agreement between the commissioner and the hospital ; or (c) 17 a mental health unit operating within a correctional facility or local 18 correctional facility; provided however, that any such mental health 19 unit operating within a local correctional facility shall qualify as an 20 "appropriate institution" only pursuant to the terms of an agreement 21 between the commissioner of mental health, director of community 22 services and the sheriff for the respective locality, and any such 23 mental health unit operating within a correctional facility shall quali- 24 fy as an "appropriate institution" only pursuant to the terms of an 25 agreement between the commissioner of mental health and the commissioner 26 of corrections and community supervision. Nothing in this article shall 27 be construed as requiring a hospital, correctional facility or local 28 correctional facility to consent to providing care and treatment to an 29 incapacitated person at such hospital, correctional facility or local 30 correctional facility. In a city with a population of more than one 31 million, any such unit shall be limited to twenty-five beds. The commis- 32 sioner of mental health shall promulgate regulations for demonstration 33 programs to implement restoration to competency within a correctional 34 facility or local correctional facility. Subject to annual appropri- 35 ation, the commissioner of mental health may, at such commissioner's 36 discretion, make funds available for state aid grants to any county that 37 develops and operates a mental health unit within a local correctional 38 facility pursuant to this section. Nothing in this article shall be 39 construed as requiring a hospital, correctional facility or local 40 correctional facility to consent to providing care and treatment to an 41 incapacitated person at such hospital, correctional facility or local 42 correctional facility. 43 § 2. This act shall take effect immediately and shall be deemed to 44 have been in full force and effect on and after April 1, 2018; provided, 45 however, this act shall expire and be deemed repealed March 31, 2023. 46 PART X 47 Section 1. Section 3 of part A of chapter 111 of the laws of 2010 48 amending the mental hygiene law relating to the receipt of federal and 49 state benefits received by individuals receiving care in facilities 50 operated by an office of the department of mental hygiene, as amended by 51 section 1 of part LL of chapter 58 of the laws of 2015, is amended to 52 read as follows:S. 7507--A 68 A. 9507--A 1 § 3. This act shall take effect immediately; and shall expire and be 2 deemed repealed June 30, [2018] 2021. 3 § 2. This act shall take effect immediately. 4 PART Y 5 Section 1. Subdivision 10 of section 7605 of the education law, as 6 added by section 4 of part AA of chapter 57 of the laws of 2013, is 7 amended and a new subdivision 12 is added to read as follows: 8 10. (a) A person without a license from: performing assessments such 9 as basic information collection, gathering of demographic data, and 10 informal observations, screening and referral used for general eligibil- 11 ity for a program or service and determining the functional status of an 12 individual for the purpose of determining need for services [unrelated13to a behavioral health diagnosis or treatment plan. Such licensure14shall not be required to create, develop or implement a service plan15unrelated to a behavioral health diagnosis or treatment plan]; coun- 16 seling individuals regarding the appropriateness of benefits they are 17 eligible for; providing general counseling that is not psychotherapy and 18 assisting individuals or groups with difficult day to day problems such 19 as finding employment, locating sources of assistance, and organizing 20 community groups to work on a specific problem; providing peer services; 21 or to select for suitability and provide substance abuse treatment 22 services or group re-entry services to incarcerated individuals in state 23 correctional facilities. 24 (b) A person without a license from creating, developing or implement- 25 ing a service plan or recovery plan that is not a behavioral health 26 diagnosis or treatment plan. Such service or recovery plans shall 27 include, but are not limited to, coordinating, evaluating or determining 28 the need for, or the provision of the following services: job training 29 and employability[,]; housing[,]; homeless services and shelters for 30 homeless individuals and families; refugee services; residential, day or 31 community habilitation services; general public assistance[,]; in home 32 services and supports or home-delivered meals[, investigations conducted33or assessments made by]; recovery supports; adult or child protective 34 services including investigations; detention as defined in section five 35 hundred two of the executive law; prevention and residential services 36 for victims of domestic violence; services for runaway and homeless 37 youth; foster care, adoption, preventive services or services in accord- 38 ance with an approved plan pursuant to section four hundred four of the 39 social services law, including, adoption and foster home studies and 40 assessments, family service plans, transition plans [and], permanency 41 planning activities, and case planning or case management as such terms 42 are defined in part four hundred twenty-eight of title eighteen of the 43 New York codes, rules and regulations; residential rehabilitation; home 44 and community based services; and de-escalation techniques, peer 45 services or skill development. [A license under this article shall not46be required for persons to participate] 47 (c)(i) A person without a license from participating as a member of a 48 multi-disciplinary team to develop or implement a [behavioral health49services or] treatment plan; provided [however,] that such team shall 50 include one or more professionals licensed under this article or arti- 51 cles one hundred thirty-one, one hundred thirty-nine, one hundred 52 fifty-four or one hundred sixty-three of this chapter who must directly 53 observe each patient either in person or by electronic means, prior to 54 the rendering of a diagnosis; and provided, further, that the activitiesS. 7507--A 69 A. 9507--A 1 performed by members of the team shall be consistent with the scope of 2 practice for each team member licensed or authorized under title VIII of 3 this chapter, and those who are not so authorized may not independently 4 engage in the following restricted practices, but may assist licensed 5 professionals or multi-disciplinary team members with: the diagnosis of 6 mental, emotional, behavioral, addictive and developmental disorders and 7 disabilities; patient assessment and evaluating; the provision of 8 psychotherapeutic treatment; the provision of treatment other than 9 psychotherapeutic treatment; [and/or] or the development and implementa- 10 tion of assessment-based treatment plans as defined in section seventy- 11 seven hundred one of this [chapter] title. 12 (ii) As used in this subdivision, a treatment plan shall be limited to 13 plans for treatment within the following settings: facilities or 14 programs operating pursuant to article nineteen-G of the executive law 15 or pursuant to articles seven, sixteen, thirty-one and thirty-two of the 16 mental hygiene law. 17 (iii) As used in this subdivision, the term "assist" shall include the 18 provision of services within the practice of psychology, under the 19 supervision of a person licensed under this article. 20 (d) Provided, further, that nothing in this subdivision shall be 21 construed as requiring a license for any particular activity or function 22 based solely on the fact that the activity or function is not listed in 23 this subdivision. 24 12. Notwithstanding any other provision of law to the contrary, noth- 25 ing in this article shall be construed to prohibit or limit the activ- 26 ities or services provided by any person who is employed or who 27 commences employment in a program or service operated, regulated, fund- 28 ed, or approved by the department of mental hygiene, the office of chil- 29 dren and family services, the department of corrections and community 30 supervision, the office of temporary and disability assistance, the 31 state office for the aging and the department of health or a local 32 governmental unit as that term is defined in section 41.03 of the mental 33 hygiene law or a social services district as defined in section sixty- 34 one of the social services law on or before July first, two thousand 35 twenty. Provided, however, that any person who commences employment in 36 such program or service after July first, two thousand twenty and 37 performs services that are restricted under this article shall be appro- 38 priately licensed or authorized under this article. 39 § 2. Paragraph (f) of subdivision 1 of section 7702 of the education 40 law, as amended by chapter 230 of the laws of 2004, is amended and a new 41 paragraph (m) is added to read as follows: 42 (f) [Assist] General counseling that is not psychotherapy, and assist- 43 ing individuals or groups with difficult day to day problems such as 44 finding employment, locating sources of assistance, and organizing 45 community groups to work on a specific problem. 46 (m) Provide peer services. 47 § 3. Subdivision 7 of section 7706 of the education law, as added by 48 section 5 of part AA of chapter 57 of the laws of 2013, is amended and a 49 new subdivision 8 is added to read as follows: 50 7. (a) Prevent a person without a license from: performing assessments 51 such as basic information collection, gathering of demographic data, and 52 informal observations, screening and referral used for general eligibil- 53 ity for a program or service and determining the functional status of an 54 individual for the purpose of determining need for services [unrelated55to a behavioral health diagnosis or treatment plan. Such licensure shall56not be required to create, develop or implement a service plan unrelatedS. 7507--A 70 A. 9507--A 1to a behavioral health diagnosis or treatment plan]; counseling individ- 2 uals regarding the appropriateness of benefits they are eligible for; 3 providing general counseling that is not psychotherapy and assisting 4 individuals or groups with difficult day to day problems such as finding 5 employment, locating sources of assistance, and organizing community 6 groups to work on a specific problem; providing peer services; or to 7 select for suitability and provide substance abuse treatment services or 8 group re-entry services to incarcerated individuals in state correction- 9 al facilities. 10 (b) Prevent a person without a license from creating, developing or 11 implementing a service plan or recovery plan that is not a behavioral 12 health diagnosis or treatment plan. Such service or recovery plans shall 13 include, but are not limited to, coordinating, evaluating or determining 14 the need for, or the provision of the following services: job training 15 and employability[,]; housing[,]; homeless services and shelters for 16 homeless individuals and families; refugee services; residential, day or 17 community habilitation services; general public assistance[,]; in home 18 services and supports or home-delivered meals[, investigations conducted19or assessments made by]; recovery supports; adult or child protective 20 services including investigations; detention as defined in section five 21 hundred two of the executive law; prevention and residential services 22 for victims of domestic violence; services for runaway and homeless 23 youth; foster care, adoption, preventive services or services in accord- 24 ance with an approved plan pursuant to section four hundred four of the 25 social services law, including, adoption and foster home studies and 26 assessments, family service plans, transition plans [and], permanency 27 planning activities, and case planning or case management as such terms 28 are defined in part four hundred twenty-eight of title eighteen of the 29 New York codes, rules and regulations; residential rehabilitation; home 30 and community based services; and de-escalation techniques, peer 31 services or skill development. [A license under this article shall not32be required for persons to participate] 33 (c)(i) Prevent a person without a license from participating as a 34 member of a multi-disciplinary team to develop or implement a [behav-35ioral health services or] treatment plan; provided [however,] that such 36 team shall include one or more professionals licensed under this article 37 or articles one hundred thirty-one, one hundred thirty-nine, one hundred 38 fifty-three or one hundred sixty-three of this chapter who must directly 39 observe each patient either in person or by electronic means, prior to 40 the rendering of a diagnosis; and provided, further, that the activities 41 performed by members of the team shall be consistent with the scope of 42 practice for each team member licensed or authorized under title VIII of 43 this chapter, and those who are not so authorized may not independently 44 engage in the following restricted practices, but may assist licensed 45 professionals or multi-disciplinary team members with: the diagnosis of 46 mental, emotional, behavioral, addictive and developmental disorders and 47 disabilities; patient assessment and evaluating; the provision of 48 psychotherapeutic treatment; the provision of treatment other than 49 psychotherapeutic treatment; [and/or] or the development and implementa- 50 tion of assessment-based treatment plans as defined in section seventy- 51 seven hundred one of this article. 52 (ii) As used in this subdivision, a treatment plan shall be limited to 53 plans for treatment within the following settings: facilities or 54 programs operating pursuant to article nineteen-G of the executive law 55 or pursuant to articles seven, sixteen, thirty-one and thirty-two of the 56 mental hygiene law.S. 7507--A 71 A. 9507--A 1 (iii) As used in this subdivision, the term "assist" shall include the 2 provision of services within the practice of master social work or clin- 3 ical social work, under the supervision of a person licensed under this 4 article. 5 (d) Provided, further, that nothing in this subdivision shall be 6 construed as requiring a license for any particular activity or function 7 based solely on the fact that the activity or function is not listed in 8 this subdivision. 9 8. Notwithstanding any other provision of law to the contrary, nothing 10 in this article shall be construed to prohibit or limit the activities 11 or services provided by any person who is employed or who commences 12 employment in a program or service operated, regulated, funded, or 13 approved by the department of mental hygiene, the office of children and 14 family services, the department of corrections and community super- 15 vision, the office of temporary and disability assistance, the state 16 office for the aging and the department of health or a local govern- 17 mental unit as that term is defined in section 41.03 of the mental 18 hygiene law or a social services district as defined in section sixty- 19 one of the social services law on or before July first, two thousand 20 twenty. Provided however, that any person who commences employment in 21 such program or service after July first, two thousand twenty and 22 performs services that are restricted under this article shall be appro- 23 priately licensed or authorized under this article. 24 § 4. Subdivision 8 of section 8410 of the education law, as added by 25 section 6 of part AA of chapter 57 of the laws of 2013, is amended and a 26 new subdivision 9 is added to read as follows: 27 8. (a) Prevent a person without a license from: performing assessments 28 such as basic information collection, gathering of demographic data, and 29 informal observations, screening and referral used for general eligibil- 30 ity for a program or service and determining the functional status of an 31 individual for the purpose of determining need for services [unrelated32to a behavioral health diagnosis or treatment plan. Such licensure33shall not be required to create, develop or implement a service plan34unrelated to a behavioral health diagnosis or treatment plan]; coun- 35 seling individuals regarding the appropriateness of benefits they are 36 eligible for; providing general counseling that is not psychotherapy and 37 assisting individuals or groups with difficult day to day problems such 38 as finding employment, locating sources of assistance, and organizing 39 community groups to work on a specific problem; providing peer services; 40 or to select for suitability and provide substance abuse treatment 41 services or group re-entry services to incarcerated individuals in state 42 correctional facilities. 43 (b) Prevent a person without a license from creating, developing or 44 implementing a service plan or recovery plan that is not a behavioral 45 health diagnosis or treatment plan. Such service or recovery plans shall 46 include, but are not limited to, coordinating, evaluating or determining 47 the need for, or the provision of the following services: job training 48 and employability[,]; housing[,]; homeless services and shelters for 49 homeless individuals and families; refugee services; residential, day or 50 community habilitation services; general public assistance[,]; in home 51 services and supports or home-delivered meals[, investigations conducted52or assessments made by]; recovery supports; adult or child protective 53 services including investigations; detention as defined in section five 54 hundred two of the executive law; prevention and residential services 55 for victims of domestic violence; services for runaway and homeless 56 youth; foster care, adoption, preventive services or services in accord-S. 7507--A 72 A. 9507--A 1 ance with an approved plan pursuant to section four hundred four of the 2 social services law, including, adoption and foster home studies and 3 assessments, family service plans, transition plans [and], permanency 4 planning activities, and case planning or case management as such terms 5 are defined in part four hundred twenty-eight of title eighteen of the 6 New York codes, rules and regulations; residential rehabilitation; home 7 and community based services; and de-escalation techniques, peer 8 services or skill development. [A license under this article shall not9be required for persons to participate] 10 (c)(i) Prevent a person without a license from participating as a 11 member of a multi-disciplinary team to develop or implement a [behav-12ioral health services or] treatment plan; provided [however,] that such 13 team shall include one or more professionals licensed under this article 14 or articles one hundred thirty-one, one hundred thirty-nine, one hundred 15 fifty-three or one hundred fifty-four of this chapter who must directly 16 observe each patient either in person or by electronic means, prior to 17 the rendering of a diagnosis; and provided, further, that the activities 18 performed by members of the team shall be consistent with the scope of 19 practice for each team member licensed or authorized under title VIII of 20 this chapter, and those who are not so authorized may not independently 21 engage in the following restricted practices, but may assist licensed 22 professionals or multidisciplinary team members with: the diagnosis of 23 mental, emotional, behavioral, addictive and developmental disorders and 24 disabilities; patient assessment and evaluating; the provision of 25 psychotherapeutic treatment; the provision of treatment other than 26 psychotherapeutic treatment; [and/or] or the development and implementa- 27 tion of assessment-based treatment plans as defined in section seventy- 28 seven hundred one of this chapter. 29 (ii) As used in this subdivision, a treatment plan shall be limited to 30 plans for treatment within the following settings: facilities or 31 programs operating pursuant to article nineteen-G of the executive law 32 or pursuant to articles seven, sixteen, thirty-one and thirty-two of the 33 mental hygiene law. 34 (iii) As used in this subdivision, the term "assist" shall include the 35 provision of services within the practice of mental health counseling, 36 marriage and family therapy, creative arts therapy or psychoanalysis, 37 under the supervision of a person licensed under this article. 38 (d) Provided, further, that nothing in this subdivision shall be 39 construed as requiring a license for any particular activity or function 40 based solely on the fact that the activity or function is not listed in 41 this subdivision. 42 9. Notwithstanding any other provision of law to the contrary, nothing 43 in this article shall be construed to prohibit or limit the activities 44 or services provided by any person who is employed or who commences 45 employment in a program or service operated, regulated, funded, or 46 approved by the department of mental hygiene, the office of children and 47 family services, the department of corrections and community super- 48 vision, the office of temporary and disability assistance, the state 49 office for the aging and the department of health or a local govern- 50 mental unit as that term is defined in section 41.03 of the mental 51 hygiene law or a social services district as defined in section sixty- 52 one of the social services law on or before July first, two thousand 53 twenty. Provided however, that any person who commences employment in 54 such program or service after July first, two thousand twenty and 55 performs services that are restricted under this article shall be appro- 56 priately licensed or authorized under this article.S. 7507--A 73 A. 9507--A 1 § 5. Not later than July 1, 2019 the department of mental hygiene, the 2 office of children and family services, the office of temporary and 3 disability assistance, the department of corrections and community 4 supervision, the state office for the aging, or the department of health 5 (hereinafter referred to as "agencies") shall individually or collec- 6 tively consult with the state education department (hereinafter referred 7 to as "department") to develop formal guidance for service providers 8 authorized to operate under the respective agencies to identify the 9 tasks and functions performed by each agency's service provider work- 10 force categorized as tasks and functions restricted to licensed person- 11 nel including tasks and functions that do not require a license under 12 articles 153, 154 and 163 of the education law. Subsequent to such 13 consultation, and not later than December 31, 2019, the department shall 14 issue guidance to each such agency with respect to each agency's service 15 provider workforce. Each agency may issue additional guidance from time 16 to time, subject to consultation with the department. Notwithstanding 17 any provision of law to the contrary, no person shall be held liable for 18 unauthorized practice of a profession subject to licensure under arti- 19 cles 153, 154 and 163 of the education law if such person acts in 20 accordance with such agency guidance until July 1, 2020, to allow 21 further consultation on guidance as necessary. Upon issuance by such 22 state agency of guidance, the department shall have 180 days from the 23 date of the issuance of such guidance to issue a statement of disagree- 24 ment with the agency's guidance. If the department has issued a state- 25 ment of disagreement, the department and state agency shall engage in a 26 collaborative process to gather input from stakeholders to resolve the 27 issues. 28 § 6. Programs and services operated, regulated, funded, or approved by 29 the department of mental hygiene, the office of children and family 30 services, the department of corrections and community supervision, the 31 office of temporary and disability assistance, the state office for the 32 aging and the department of health or a local governmental unit as the 33 term is defined in section 41.03 of the mental hygiene law or a social 34 services district as defined in section 61 of the social services law 35 shall not be required to receive a waiver pursuant to section 6503-a of 36 the education law and, further, such programs and services shall also be 37 considered to be approved settings for the receipt of supervised experi- 38 ence for the professions governed by articles 153, 154 and 163 of the 39 education law. 40 § 7. Subdivision a of section 9 of chapter 420 of the laws of 2002 41 amending the education law relating to the profession of social work, as 42 amended by section 1 of part J of chapter 59 of the laws of 2016, is 43 amended to read as follows: 44 a. Nothing in this act shall prohibit or limit the activities or 45 services on the part of any person in the employ of a program or service 46 operated, regulated, funded, or approved by the department of mental 47 hygiene, the office of children and family services, the office of 48 temporary and disability assistance, the department of corrections and 49 community supervision, the state office for the aging, the department of 50 health, or a local governmental unit as that term is defined in article 51 41 of the mental hygiene law or a social services district as defined in 52 section 61 of the social services law, provided, however, this section 53 shall not authorize the use of any title authorized pursuant to article 54 154 of the education law, except that this section shall be deemed 55 repealed on July 1, [2018] 2020.S. 7507--A 74 A. 9507--A 1 § 8. Subdivision a of section 17-a of chapter 676 of the laws of 2002, 2 amending the education law relating to the practice of psychology, as 3 amended by section 2 of part J of chapter 59 of the laws of 2016, is 4 amended to read as follows: 5 a. In relation to activities and services provided under article 153 6 of the education law, nothing in this act shall prohibit or limit such 7 activities or services on the part of any person in the employ of a 8 program or service operated, regulated, funded, or approved by the 9 department of mental hygiene or the office of children and family 10 services, or a local governmental unit as that term is defined in arti- 11 cle 41 of the mental hygiene law or a social services district as 12 defined in section 61 of the social services law. In relation to activ- 13 ities and services provided under article 163 of the education law, 14 nothing in this act shall prohibit or limit such activities or services 15 on the part of any person in the employ of a program or service oper- 16 ated, regulated, funded, or approved by the department of mental 17 hygiene, the office of children and family services, the department of 18 corrections and community supervision, the office of temporary and disa- 19 bility assistance, the state office for the aging and the department of 20 health or a local governmental unit as that term is defined in article 21 41 of the mental hygiene law or a social services district as defined in 22 section 61 of the social services law, pursuant to authority granted by 23 law. This section shall not authorize the use of any title authorized 24 pursuant to article 153 or 163 of the education law by any such employed 25 person, except as otherwise provided by such articles respectively. 26 This section shall be deemed repealed July 1, [2018] 2020. 27 § 9. Section 16 of chapter 130 of the laws of 2010, amending the 28 education law and other laws relating to the registration of entities 29 providing certain professional services and the licensure of certain 30 professions, as amended by section 3 of part J of chapter 59 of the laws 31 of 2016, is amended to read as follows: 32 § 16. This act shall take effect immediately; provided that sections 33 thirteen, fourteen and fifteen of this act shall take effect immediately 34 and shall be deemed to have been in full force and effect on and after 35 June 1, 2010 and such sections shall be deemed repealed July 1, [2018] 36 2020; provided further that the amendments to section 9 of chapter 420 37 of the laws of 2002 amending the education law relating to the profes- 38 sion of social work made by section thirteen of this act shall repeal on 39 the same date as such section repeals; provided further that the amend- 40 ments to section 17-a of chapter 676 of the laws of 2002 amending the 41 education law relating to the practice of psychology made by section 42 fourteen of this act shall repeal on the same date as such section 43 repeals. 44 § 10. This act shall take effect immediately. 45 PART Z 46 Section 1. Subparagraph (vii) of paragraph e of subdivision 3 of 47 section 364-j of the social services law, as amended by section 38 of 48 part A of chapter 56 of the laws of 2013, is amended to read as follows: 49 (vii) a person with a developmental or physical disability who 50 receives home and community-based services or care-at-home services 51 through a demonstration waiver under section eleven hundred fifteen of 52 the federal social security act, existing waivers under section nineteen 53 hundred fifteen (c) of the federal social security act, or who has char- 54 acteristics and needs similar to such persons;S. 7507--A 75 A. 9507--A 1 § 2. Clause (x) of subparagraph 1 of paragraph (e) of subdivision 5 of 2 section 366 of the social services law, as added by section 26-a of part 3 C of chapter 109 of the laws of 2006, is amended to read as follows: 4 (x) "nursing facility services" means nursing care and health related 5 services provided in a nursing facility; a level of care provided in a 6 hospital which is equivalent to the care which is provided in a nursing 7 facility; and care, services or supplies provided pursuant to a waiver 8 granted pursuant to subsection (c) of section 1915 of the federal social 9 security act or successor federal waiver. 10 § 3. Section 366 of the social services law is amended by adding a new 11 subdivision 7-c to read as follows: 12 7-c. The commissioner of health in consultation with the commissioner 13 of developmental disabilities is authorized to submit the appropriate 14 waivers, including, but not limited to, those authorized pursuant to 15 section eleven hundred fifteen of the federal social security act, in 16 order to achieve the purposes of high-quality and integrated care and 17 services for a population of persons with developmental disabilities, as 18 such term is defined in section 1.03 of the mental hygiene law. 19 § 4. Paragraph (a) of subdivision 2 of section 366-c of the social 20 services law, as amended by section 68 of part A of chapter 56 of the 21 laws of 2013, is amended to read as follows: 22 (a) For purposes of this section an "institutionalized spouse" is a 23 person (i) who is in a medical institution or nursing facility and 24 expected to remain in such facility or institution for at least thirty 25 consecutive days; or (ii) who is receiving care, services and supplies 26 pursuant to a waiver pursuant to subsection (c) of section nineteen 27 hundred fifteen of the federal social security act, or successor to such 28 waiver, or is receiving care, services and supplies in a managed long- 29 term care plan pursuant to section eleven hundred fifteen of the social 30 security act; and (iii) who is married to a person who is not in a 31 medical institution or nursing facility or is not receiving waiver 32 services described in subparagraph (ii) of this paragraph; provided, 33 however, that medical assistance shall be furnished pursuant to this 34 paragraph only if, for so long as, and to the extent that federal finan- 35 cial participation is available therefor. The commissioner of health 36 shall make any amendments to the state plan for medical assistance, or 37 apply for any waiver or approval under the federal social security act 38 that are necessary to carry out the provisions of this paragraph. 39 § 5. The closing paragraph of subdivision 4 of section 366-c of the 40 social services law, as amended by section 42 of part D of chapter 58 of 41 the laws of 2009, is amended to read as follows: 42 provided, however, that, to the extent required by federal law, the 43 terms of this subdivision shall not apply to persons who are receiving 44 care, services and supplies pursuant to the following waivers under 45 section 1915(c) of the federal social security act: the nursing facility 46 transition and diversion waiver authorized pursuant to subdivision six-a 47 of section three hundred sixty-six of this title; the traumatic brain 48 injury waiver authorized pursuant to section twenty-seven hundred forty 49 of the public health law, the long term home health care program waiver 50 authorized pursuant to section three hundred sixty-seven-c of this 51 title, and the home and community based services waiver for persons with 52 developmental disabilities, or successor to such waiver, administered by 53 the office [of mental retardation and] for people with developmental 54 disabilities pursuant to an agreement with the federal centers for medi- 55 care and Medicaid services.S. 7507--A 76 A. 9507--A 1 § 6. Paragraph 4 of subdivision (a) of section 16.03 of the mental 2 hygiene law, as added by section 6 of part MM of chapter 58 of the laws 3 of 2015, is amended to read as follows: 4 (4) The provision of home and community based services approved under 5 a waiver program authorized pursuant to section eleven hundred fifteen 6 of the federal social security act or subdivision (c) of section nine- 7 teen hundred fifteen of the federal social security act and subdivisions 8 seven and seven-a of section three hundred sixty-six of the social 9 services law, provided that an operating certificate issued pursuant to 10 this paragraph shall only authorize services in a home or community 11 setting. 12 § 7. Paragraph 2 of subdivision (a) of section 16.11 of the mental 13 hygiene law, as added by section 10 of part MM of chapter 58 of the laws 14 of 2015, is amended to read as follows: 15 (2) The review of providers of services, as defined in paragraph four 16 of subdivision (a) of section 16.03 of this article, shall ensure that 17 the provider of services complies with all the requirements of the 18 applicable federal home and community based services waiver program, or 19 other successor Medicaid waiver program, and applicable federal regu- 20 lation, subdivisions seven and seven-a of section three hundred sixty- 21 six of the social services law and rules and regulations adopted by the 22 commissioner. 23 § 8. Subdivision (b) of section 80.03 of the mental hygiene law, as 24 amended by chapter 37 of the laws of 2011, is amended to read as 25 follows: 26 (b) "A patient in need of surrogate decision-making" means a patient 27 as defined in subdivision twenty-three of section 1.03 of this chapter 28 who is: a resident of a mental hygiene facility including a resident of 29 housing programs funded by an office of the department or whose federal 30 funding application was approved by an office of the department or for 31 whom such facility maintains legal admission status therefor; or, 32 receiving home and community-based services for persons with mental 33 disabilities provided pursuant to section 1915 or 1115 of the federal 34 social security act; or receiving individualized support services; or, 35 case management or service coordination funded, approved, or provided by 36 the office for people with developmental disabilities; and, for whom 37 major medical treatment is proposed, and who is determined by the surro- 38 gate decision-making committee to lack the ability to consent to or 39 refuse such treatment, but shall not include minors with parents or 40 persons with legal guardians, committees or conservators who are legally 41 authorized, available and willing to make such health care decisions. 42 Once a person is eligible for surrogate decision-making, such person may 43 continue to receive surrogate decision-making as authorized by this 44 section regardless of a change in residential status. 45 § 9. Subdivision 1-a of section 84 of part A of chapter 56 of the laws 46 of 2013, amending the social services law and other laws relating to 47 enacting the major components of legislation necessary to implement the 48 health and mental hygiene budget for the 2013-2014 state fiscal year, is 49 amended to read as follows: 50 [1-a. sections seventy-three through eighty-a shall expire and be51deemed repealed September 30, 2019] 52 § 10. Paragraph (a-1) of subdivision 8 of section 4403 of the public 53 health law, as amended by chapter 474 of the laws of 2015, is amended to 54 read as follows: 55 (a-1) If the commissioner and the commissioner of the office for 56 people with developmental disabilities determine that such organizationS. 7507--A 77 A. 9507--A 1 lacks the experience required in paragraph (a) of this subdivision, the 2 organization shall have an affiliation arrangement with an entity or 3 entities that are controlled by non-profit organizations with experience 4 serving persons with developmental disabilities, as demonstrated by 5 criteria to be determined by the commissioner and the commissioner of 6 the office for people with developmental disabilities, with such crite- 7 ria including, but not limited to, residential, day, and employment 8 services such that the affiliated entity will coordinate and plan 9 services operated, certified, funded, authorized or approved by the 10 office for people with developmental disabilities or will oversee and 11 approve such coordination and planning; 12 § 11. Section 97 of chapter 659 of the laws of 1997, amending the 13 public health law and other laws relating to creation of continuing care 14 retirement communities, as amended by section 20 of part D of chapter 57 15 of the laws of 2015, is amended to read as follows: 16 § 97. This act shall take effect immediately, provided, however, that 17 the amendments to subdivision 4 of section 854 of the general municipal 18 law made by section seventy of this act shall not affect the expiration 19 of such subdivision and shall be deemed to expire therewith and provided 20 further that sections sixty-seven and sixty-eight of this act shall 21 apply to taxable years beginning on or after January 1, 1998 and 22 provided further that sections eighty-one through eighty-seven of this 23 act shall expire and be deemed repealed on December 31, [2019] 2024 and 24 provided further, however, that the amendments to section ninety of this 25 act shall take effect January 1, 1998 and shall apply to all policies, 26 contracts, certificates, riders or other evidences of coverage of long 27 term care insurance issued, renewed, altered or modified pursuant to 28 section 3229 of the insurance law on or after such date. 29 § 12. Paragraph (a-1) of subdivision 12 of section 4403-f of the 30 public health law, as amended by chapter 474 of the laws of 2015, is 31 amended to read as follows: 32 (a-1) If the commissioner and the commissioner of the office for 33 people with developmental disabilities determine that such plan lacks 34 the experience required in paragraph (a) of this subdivision, the plan 35 shall have an affiliation arrangement with an entity or entities that 36 are controlled by non-profit organizations with experience serving 37 persons with developmental disabilities, as demonstrated by criteria to 38 be determined by the commissioner and the commissioner of the office for 39 people with developmental disabilities, with such criteria including, 40 but not limited to, residential, day and employment services, such that 41 the affiliated entity will coordinate and plan services operated, certi- 42 fied, funded, authorized or approved by the office for people with 43 developmental disabilities or will oversee and approve such coordination 44 and planning; 45 § 13. Paragraph (d) of subdivision 1 of section 4403-g of the public 46 health law, as added by section 73 of part A of chapter 56 of the laws 47 of 2013, is amended to read as follows: 48 (d) "Health and long term care services" means comprehensive health 49 services and other services as determined by the commissioner and the 50 commissioner of the office for people with developmental disabilities, 51 whether provided by state-operated programs or not-for-profit entities, 52 including, but not limited to, habilitation services, home and communi- 53 ty-based and institution-based long term care services, and ancillary 54 services, that shall include medical supplies and nutritional supple- 55 ments, that are necessary to meet the needs of persons whom the plan is 56 authorized to enroll[, and may include primary care and acute care ifS. 7507--A 78 A. 9507--A 1the DISCO is authorized to provide or arrange for such services]. Each 2 person enrolled in a DISCO shall receive health and long term care 3 services designed to achieve person-centered outcomes, to enable that 4 person to live in the most integrated setting appropriate to that 5 person's needs, and to enable that person to interact with nondisabled 6 persons to the fullest extent possible in social, workplace and other 7 community settings, provided that all such services are consistent with 8 such person's wishes to the extent that such wishes are known and in 9 accordance with such person's needs. 10 § 14. Paragraph (b) of subdivision 3 of section 4403-g of the public 11 health law, as added by section 73 of part A of chapter 56 of the laws 12 of 2013, is amended to read as follows: 13 (b) A description of the services to be covered by such DISCO, which 14 must include all health and long term care services, as defined in para- 15 graph (d) of subdivision one of this section, and other services as 16 determined by the commissioner and the commissioner of the office for 17 people with developmental disabilities; 18 § 15. Paragraph (j) of subdivision 4 of section 4403-g of the public 19 health law, as added by section 73 of part A of chapter 56 of the laws 20 of 2013, is amended to read as follows: 21 (j) Readiness and capability [to arrange and manage covered services] 22 of organizing, marketing, managing, promoting and operating a health and 23 long term care services plan, or has an affiliation agreement with an 24 entity that has such readiness and capability; 25 § 16. Subdivision (c) of section 62 of chapter 165 of the laws of 26 1991, amending the public health law and other laws relating to estab- 27 lishing payments for medical assistance, as amended by section 17 of 28 part D of chapter 57 of the laws of 2015, is amended to read as follows: 29 (c) section 364-j of the social services law, as amended by section 30 eight of this act and subdivision 6 of section 367-a of the social 31 services law as added by section twelve of this act shall expire and be 32 deemed repealed on March 31, [2019] 2024 and provided further, that the 33 amendments to the provisions of section 364-j of the social services law 34 made by section eight of this act shall only apply to managed care 35 programs approved on or after the effective date of this act; 36 § 17. Subdivision (c) of section 13.40 of the mental hygiene law, as 37 added by section 72-b of part A of chapter 56 of the laws of 2013, is 38 amended to read as follows: 39 (c) No person with a developmental disability who is receiving or 40 applying for medical assistance and who is receiving, or eligible to 41 receive, services operated, funded, certified, authorized or approved by 42 the office, shall be required to enroll in a DISCO, HMO or MLTC in order 43 to receive such services until program features and reimbursement rates 44 are approved by the commissioner and the commissioner of health, and 45 until such commissioners determine that a sufficient number of plans 46 that are authorized to coordinate care for individuals pursuant to this 47 section or that are authorized to operate and to exclusively enroll 48 persons with developmental disabilities pursuant to subdivision twenty- 49 seven of section three hundred sixty-four-j of the social services law 50 are operating in such person's county of residence to meet the needs of 51 persons with developmental disabilities, and that such entities meet the 52 standards of this section. No person shall be required to enroll in a 53 DISCO, HMO or MLTC in order to receive services operated, funded, certi- 54 fied, authorized or approved by the office until there are at least two 55 entities operating under this section in such person's county of resi- 56 dence, unless federal approval is secured to require enrollment whenS. 7507--A 79 A. 9507--A 1 there are less than two such entities operating in such county. Notwith- 2 standing the foregoing or any other law to the contrary, any health care 3 provider: (i) enrolled in the Medicaid program and (ii) rendering hospi- 4 tal services, as such term is defined in section twenty-eight hundred 5 one of the public health law, to an individual with a developmental 6 disability who is enrolled in a DISCO, HMO or MLTC, or a prepaid health 7 services plan operating pursuant to section forty-four hundred three-a 8 of the public health law, including, but not limited to, an individual 9 who is enrolled in a plan authorized by section three hundred sixty- 10 four-j or the social services law, shall accept as full reimbursement 11 the negotiated rate or, in the event that there is no negotiated rate, 12 the rate of payment that the applicable government agency would other- 13 wise pay for such rendered hospital services. 14 § 18. Section 11 of chapter 710 of the laws of 1988, amending the 15 social services law and the education law relating to medical assistance 16 eligibility of certain persons and providing for managed medical care 17 demonstration programs, as amended by section 1 of part F of chapter 73 18 of the laws of 2016, is amended to read as follows: 19 § 11. This act shall take effect immediately; except that the 20 provisions of sections one, two, three, four, eight and ten of this act 21 shall take effect on the ninetieth day after it shall have become a law; 22 and except that the provisions of sections five, six and seven of this 23 act shall take effect January 1, 1989; and except that effective imme- 24 diately, the addition, amendment and/or repeal of any rule or regulation 25 necessary for the implementation of this act on its effective date are 26 authorized and directed to be made and completed on or before such 27 effective date; provided, however, that the provisions of section 364-j 28 of the social services law, as added by section one of this act shall 29 expire and be deemed repealed on and after March 31, [2019] 2024, the 30 provisions of section 364-k of the social services law, as added by 31 section two of this act, except subdivision 10 of such section, shall 32 expire and be deemed repealed on and after January 1, 1994, and the 33 provisions of subdivision 10 of section 364-k of the social services 34 law, as added by section two of this act, shall expire and be deemed 35 repealed on January 1, 1995. 36 § 19. This act shall take effect immediately; provided, however, that 37 the amendments to subparagraph (vii) of paragraph e of subdivision 3 of 38 section 364-j of the social services law made by section one of this act 39 shall not affect the repeal of such section and shall be deemed repealed 40 therewith; provided further, however, that the amendments to subdivision 41 4 of section 366-c of the social services law made by section five of 42 this act shall not affect the expiration of such subdivision and shall 43 be deemed to expire therewith; provided further, however, that the 44 amendments to paragraph (a-1) of subdivision 12 of section 4403-f of the 45 public health law made by section twelve of this act shall not affect 46 the repeal of such section and shall be deemed to be repealed therewith. 47 PART AA 48 Section 1. Subdivisions 3-b and 3-c of section 1 of part C of chapter 49 57 of the laws of 2006, relating to establishing a cost of living 50 adjustment for designated human services programs, as amended by section 51 1 of part Q of chapter 57 of the laws of 2017, are amended to read as 52 follows: 53 3-b. Notwithstanding any inconsistent provision of law, beginning 54 April 1, 2009 and ending March 31, 2016 and beginning April 1, 2017 andS. 7507--A 80 A. 9507--A 1 ending March 31, [2018] 2019, the commissioners shall not include a COLA 2 for the purpose of establishing rates of payments, contracts or any 3 other form of reimbursement, provided that the commissioners of the 4 office for people with developmental disabilities, the office of mental 5 health, and the office of alcoholism and substance abuse services shall 6 not include a COLA beginning April 1, 2017 and ending March 31, 2019. 7 3-c. Notwithstanding any inconsistent provision of law, beginning 8 April 1, [2018] 2019 and ending March 31, [2021] 2022, the commissioners 9 shall develop the COLA under this section using the actual U.S. consumer 10 price index for all urban consumers (CPI-U) published by the United 11 States department of labor, bureau of labor statistics for the twelve 12 month period ending in July of the budget year prior to such state 13 fiscal year, for the purpose of establishing rates of payments, 14 contracts or any other form of reimbursement. 15 § 2. This act shall take effect immediately and shall be deemed to 16 have been in full force and effect on and after April 1, 2018; provided, 17 however, that the amendments to section 1 of part C of chapter 57 of the 18 laws of 2006 made by section one of this act shall not affect the repeal 19 of such section and shall be deemed repealed therewith. 20 PART BB 21 Section 1. Section 3302 of the public health law is amended by adding 22 a new subdivision 44 to read as follows: 23 44. "Controlled substance analog" means 24 (a) a capsule, liquid, pill, powder, product, spray, tablet or other 25 substance, however constituted: 26 (i) the chemical structure of which is derivative of, or substantially 27 similar to, the chemical structure of a controlled substance; or 28 (ii) which has a stimulant, depressant, or hallucinogenic effect on 29 the central nervous system that is substantially similar to or greater 30 than the stimulant, depressant, or hallucinogenic effect on the central 31 nervous system of a controlled substance; or 32 (iii) with respect to a particular person, which such person repres- 33 ents or intends to have the stimulant, depressant, or hallucinogenic 34 effect on the central nervous system of a controlled substance. 35 (b) "Controlled substance analog" does not include: 36 (i) a controlled substance; 37 (ii) any substance for which there is an approved new drug applica- 38 tion; 39 (iii) with respect to a particular person, any substance, if an 40 exemption is in effect for investigational use, for that person, under 41 21 USCA § 355, to the extent the conduct with respect to the substance 42 is pursuant to such exemption; or 43 (iv) any compound, mixture, or preparation that contains any 44 controlled substance or controlled substance analog that is not for 45 administration to a human being or animal, and that is packaged in such 46 a form or concentration, or with adulterants or denaturants, so that as 47 packaged it does not present any significant potential for abuse. 48 (c) Controlled substance analog treated as a Schedule I substance. A 49 controlled substance analog must be treated, for the purposes of any New 50 York State statute or regulation, as a substance included in Schedule I 51 of section thirty-three hundred six of this article. 52 § 2. Subdivision (a) of schedule I of section 3306 of the public 53 health law, as added by chapter 664 of the laws of 1985, is amended to 54 read as follows:S. 7507--A 81 A. 9507--A 1 (a) Schedule I shall consist of the drugs and other substances, by 2 whatever official name, common or usual name, chemical name, or brand 3 name designated, listed in this section, and controlled substance 4 analogs as defined by subdivision forty-four of section thirty-three 5 hundred two of this article. 6 § 3. Subdivision 5 of section 220.00 of the penal law, as amended by 7 chapter 537 of the laws of 1998, is amended to read as follows: 8 5. "Controlled substance" means any substance listed in schedule I, 9 II, III, IV or V of section thirty-three hundred six of the public 10 health law other than marihuana, but including concentrated cannabis as 11 defined in paragraph (a) of subdivision four of section thirty-three 12 hundred two of such law, and including controlled substance analogs as 13 defined in subdivision forty-four of section thirty-three hundred two of 14 such law. 15 § 4. Subdivision (b) of schedule I of section 3306 of the public 16 health law is amended by adding nineteen new paragraphs 56, 57, 58, 59, 17 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 and 74 to read as 18 follows: 19 (56) 3,4-dichloro-N-{(1-dimethylamino) cyclohexylmethyl}benzamide. 20 Some trade or other names: AH-7921. 21 (57) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (Acetyl Fenta- 22 nyl). 23 (58) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide (Butyryl Fenta- 24 nyl). 25 (59) N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-phenyl- 26 propionamide (Beta-Hydroxythiofentanyl). 27 (60) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (Fura- 28 nyl Fentanyl). 29 (61) U-47700(3,4-Dichloro-N-{2-(dimethylaminio)cyclohexyl}-N- methyl- 30 benzamide). 31 (62) N-Phenyl-N-{1-(2-phenylethyl)piperidin-4-yl}prop-2-enamide (Acryl 32 Fentanyl or Acryloylfantanyl). Some trade or other names: 33 N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide; N-phenyl-N-{1-(2- 34 phenylethyl)-4-piperidinyl}-2-propenamide. 35 (63) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide. 36 Other names: 4-fluoroisobutyryl fentanyl, para-fluoroisobutyryl fenta- 37 nyl). 38 (64) N-(2-fluorophenyl)-N-(1-phenelthylpiperidin-4-yl)propionamide(Ort- 39 ho-Fluorofentanyl or 2-fluorofentanyl). 40 (65) N-(1-phenelthylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxami- 41 de(Tetrahydrofuranyl Fentanyl). 42 (66) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide(Methoxy- 43 acetyl Fentanyl). 44 (67) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide. 45 Some trade or other names: Cyclopropyl Fentanyl. 46 (68) N-(1-phenethylpiperidin-4-yl)-N-phenylpentamide. Some trade or 47 other names: Valeryl Fentanyl. 48 (69) N-(4-flurophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide. Some 49 trade or other names: Para-fluorobutyryl Fentanyl. 50 (70) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide. Some 51 trade or other names: Para-methoxybutyryl Fentanyl. 52 (71) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide. 53 Some trade or other names: Para-chlorisobutyryl Fentanyl. 54 (72) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide. Some trade 55 or other names: Isobutyryl Fentanyl.S. 7507--A 82 A. 9507--A 1 (73) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide. 2 Some trade or other names: Cyclopentyl Fentanyl. 3 (74) N-(2-flurophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide. 4 Some trade or other names: Ocfentanil. 5 § 5. Subdivision (d) of schedule I of section 3306 of the public 6 health law is amended by adding thirty-six new paragraphs 36, 37, 38, 7 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 8 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70 and 71 to read as 9 follows: 10 (36) 5-methoxy-N,N-dimethyltryptamine. 11 (37) Alpha-methyltryptamine. Some trade or other names: AMT. 12 (38) 5-methoxy-N,N-diisopropyltryptamine. Some trade or other names: 13 5-MeO-DIPT. 14 (39) 5-(1.1-dimethylheptyl)-2-{(1R,3S)-3-hydroxycyclohexyl}-pheno1. 15 Some trade or other names: CP-47,497. 16 (40) 5-(1,1-dimethyloctyl)-2-{(1R,3S)-3-hydroxycyclohexyl}-phenol. 17 Some trade or other names: cannabicyclohexanol or CP-47,497 C8-homolog. 18 (41) 1-pentyl-3-(1-naphthoyl)indole. Some trade of other names: 19 JWH-018 and AM678. 20 (42) 1-butyl-3-(1-naphthoyl)indole. Some trade of other names: 21 JWH-073. 22 (43) 1-hexyl-3-(1-naphthoyl)indole. Some trade of other names: 23 JWH-019. 24 (44) 1-{2-(4-morpholinyl)ethyl}-3-(1-naphthoyl)indole. Some trade or 25 other names: JWH-200. 26 (45) 1-pentyl-3-(2-methoxyphenylacetyl)indole. Some trade or other 27 names: JWH-250. 28 (46) 1-pentyl-3-{1-(4-methoxynaphthoyl)}indole. Some trade or other 29 names: JWH-081. 30 (47) 1-pentyl-3-(4-methyl-1-naphthoyl)indole. Some trade or other 31 names: JWH-122. 32 (48) 1-pentyl-3-(4-chloro-1-naphthoyl)indole. Some trade or other 33 names: JWH-398. 34 (49) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. Some trade or other 35 names: AM2201. 36 (50) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. Some trade or other 37 names: AM694. 38 (51) 1-pentyl-3-{(4-methoxy)-benzoyl}indole. Some trade or or other 39 names: SR-19 and RCS-4. 40 (52) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole. Some trade or 41 other names: SR-18 and RCS-8. 42 (53) 1-pentyl-3-(2-chlorophenylacetyl) indole. Some trade or other 43 names: JWH-203. 44 (54) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl) metha- 45 none. Some trade or other names: UR-144. 46 (55) {1-(5-fluoro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethylcycloprop- 47 yl) methanone. Some trade names or other names: 5-fluoro-UR-144, XLR11. 48 (56) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide. Some trade or 49 other names: APINACA, AKB48. 50 (57) quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate. Some trade or 51 other names: PB-22; QUPIC. 52 (58) quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Some 53 trade or other names: 5-fluoro-PB-22; 5F-PB-22. 54 (59) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazo- 55 le-3-carboxamide. Some trade or other names: AB-FUBINACA.S. 7507--A 83 A. 9507--A 1 (60) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H- 2 indazole-3-carboxamide. Some trade or other names: ADB-PINACA. 3 (61) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H- 4 indazole-3-carboxamide. Some trade or other names: AB-CHMINACA. 5 (62) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole- 3-car- 6 boxamide. Some trade or other names: AB-PINACA. 7 (63) {1-(5-fluoropentyl)-1H-indazol-3-yl}(naphthalen-1-y1)methanone. 8 Some trade or other names: THJ-2201. 9 (64) N-(1-amino-3,3-dimethyl-1-oxobutan-2-y1)-1-(cyclohexylmethyl)-1H- 10 indazole-3-carboxamide. Some trade or other names: MAB-CHMINACA; 11 ADB-CHMINACA. 12 (65) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3, 3-di- 13 methylbutanoate. Some trade or other names: 5F-ADB; 5F-MDMB-PINACA. 14 (66) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3- carboxamido-3-methyl- 15 butanoate. Some trade or other names: 5F-AMB. 16 (67) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide. 17 Some trade or other names: 5F-APINACA, 5F-AKB48. 18 (68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-in- 19 dazole-3-carboxamide. Some trade or other names: ADB-FUBINACA. 20 (69) methyl 2-(1-cyclohexlmethyl)-1H-indole-3-carboxamido)-3,3-dimeth- 21 ylbutanoate. Some trade or other names: MDMB-CHMICA, MMB-CHMINACA. 22 (70) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimet- 23 hylbutanoate. Some trade or other names: MDMB-FUBINACA. 24 (71) methyl-2(1-(4-flurobenzyl)-1H-indazole-3-carboxamido)-3-methylbut- 25 anoate. Some trade or other names: FUB-AMB, MMB-FUBINACA, AMB-FUBINACA. 26 § 6. Section 3308 of the public health law is amended by adding a new 27 subdivision 7 to read as follows: 28 7. The commissioner may, by regulation, classify as a Schedule I 29 controlled substance in section thirty-three hundred six of this title 30 any substance listed as an opiate, a hallucinogenic substance, a canna- 31 bimimetic agent or a fentanyl-related substance in Schedule I of the 32 federal schedules of controlled substances in 21 USC §812 or 21 CFR 33 §1308.11(b), (d), (g), (h) or (i). 34 § 7. This act shall take effect on the ninetieth day after it shall 35 have become a law. 36 PART CC 37 Section 1. Subdivision 28 of section 6530 of the education law, as 38 added by chapter 606 of the laws of 1991, is amended to read as follows: 39 28. Failing to respond within [thirty] ten days to written communi- 40 cations from the department of health and to make available any relevant 41 records with respect to an inquiry or complaint about the licensee's 42 professional misconduct. The period of [thirty] ten days shall commence 43 on the date when such communication was delivered personally to the 44 licensee. If the communication is sent from the department of health by 45 registered or certified mail, with return receipt requested, to the 46 address appearing in the last registration, the period of [thirty] ten 47 days shall commence on the date of delivery to the licensee, as indi- 48 cated by the return receipt; 49 § 2. Subdivision 4 of section 206 of the public health law, as amended 50 by chapter 602 of the laws of 2007, is amended to read as follows: 51 4. The commissioner may: 52 (a) issue subpoenas, compel the attendance of witnesses and compel 53 them to testify in any matter or proceeding before him, and may alsoS. 7507--A 84 A. 9507--A 1 require a witness to attend and give testimony in a county where he 2 resides or has a place of business without the payment of any fees; 3 (b) require, in writing, the production of any and all relevant docu- 4 ments in the possession or control of an individual or entity subject to 5 an investigation or inquiry under this chapter. Unless a shorter period 6 is specified in such writing, as determined for good cause by the 7 commissioner, the required documents shall be produced no later than ten 8 days after the delivery of the writing. Failure by the subject individ- 9 ual or entity to produce to the department the required documents within 10 the ten day or otherwise specified period shall be a violation or fail- 11 ure within the meaning of paragraph (d) of this subdivision. Each addi- 12 tional day of non-production shall be a separate violation or failure; 13 (c) annul or modify an order, regulation, by-law or ordinance of a 14 local board of health concerning a matter which in his judgment affects 15 the public health beyond the territory over which such local board of 16 health has jurisdiction; 17 [(c)] (d) assess any penalty prescribed for a violation of or a fail- 18 ure to comply with any term or provision of this chapter or of any 19 lawful notice, order or regulation pursuant thereto, not exceeding two 20 thousand dollars for every such violation or failure, which penalty may 21 be assessed after a hearing or an opportunity to be heard; 22 [(d)] (e) assess civil penalties against a public water system which 23 provides water to the public for human consumption through pipes or 24 other constructed conveyances, as further defined in the state sanitary 25 code or, in the case of mass gatherings, the person who holds or 26 promotes the mass gathering as defined in subdivision five of section 27 two hundred twenty-five of this article not to exceed twenty-five thou- 28 sand dollars per day, for each violation of or failure to comply with 29 any term or provision of the state sanitary code as it relates to public 30 water systems that serve a population of five thousand or more persons 31 or any mass gatherings, which penalty may be assessed after a hearing or 32 an opportunity to be heard[.]; and 33 (f) seek to obtain a warrant based on probable cause from a judicial 34 officer authorized to issue a warrant. Such warrant authorizes the 35 commissioner and any person authorized by him to have the authority to 36 search all grounds, erections, vehicles, structures, apartments, build- 37 ings, places and the contents therein and to seize any books, records, 38 papers, documents, computers, electronic devices and other physical 39 objects. 40 § 3. Paragraph (b) of subdivision 12 of section 230 of the public 41 health law, as amended by chapter 599 of the laws of 1996, is amended to 42 read as follows: 43 (b) When a licensee has pleaded or been found guilty or convicted of 44 committing an act constituting a felony under New York state law or 45 federal law, or the law of another jurisdiction which, if committed 46 within this state, would have constituted a felony under New York state 47 law, or when a licensee has been charged with committing an act consti- 48 tuting a felony under New York state or federal law or the law of anoth- 49 er jurisdiction, where the licensee's alleged conduct may present a risk 50 to patients or to the public, which, if committed within this state, 51 would have constituted a felony under New York state law, or when the 52 duly authorized professional disciplinary agency of another jurisdiction 53 has made a finding substantially equivalent to a finding that the prac- 54 tice of medicine by the licensee in that jurisdiction constitutes an 55 imminent danger to the health of its people, or when a licensee has been 56 disciplined by a duly authorized professional disciplinary agency ofS. 7507--A 85 A. 9507--A 1 another jurisdiction for acts which if committed in this state would 2 have constituted the basis for summary action by the commissioner pursu- 3 ant to paragraph (a) of this subdivision, the commissioner, after a 4 recommendation by a committee of professional conduct of the state board 5 for professional medical conduct, may order the licensee, by written 6 notice, to discontinue or refrain from practicing medicine in whole or 7 in part or to take certain actions authorized pursuant to this title 8 immediately. The order of the commissioner shall constitute summary 9 action against the licensee and become public upon issuance. The summary 10 suspension shall remain in effect until the final conclusion of a hear- 11 ing which shall commence within ninety days of the date of service of 12 the commissioner's order, end within ninety days thereafter and other- 13 wise be held in accordance with paragraph (a) of this subdivision, 14 provided, however, that when the commissioner's order is based upon a 15 finding substantially equivalent to a finding that the practice of medi- 16 cine by the licensee in another jurisdiction constitutes an imminent 17 danger to the health of its people, the hearing shall commence within 18 thirty days after the disciplinary proceedings in that jurisdiction are 19 finally concluded. If, at any time, the felony charge is dismissed, 20 withdrawn or reduced to a non-felony charge, the commissioner's summary 21 order shall terminate. 22 § 4. This act shall take effect immediately. 23 PART DD 24 Section 1. Subdivisions 2 and 4 of section 6801 of the education law, 25 as amended by chapter 46 of the laws of 2015, are amended to read as 26 follows: 27 2. A licensed pharmacist may execute a non-patient specific regimen 28 prescribed or ordered by a physician licensed in this state or nurse 29 practitioner certified in this state, pursuant to rules and regulations 30 promulgated by the commissioner. When a licensed pharmacist administers 31 an immunizing agent, he or she shall: 32 (a) report such administration by electronic transmission or [fasci-33mile] facsimile to the patient's attending primary health care practi- 34 tioner or practitioners, if any, and, to the extent practicable, make 35 himself or herself available to discuss the outcome of such immuniza- 36 tion, including any adverse reactions, with the attending primary health 37 care practitioner, or to the statewide immunization registry or the 38 citywide immunization registry, as established pursuant to section twen- 39 ty-one hundred sixty-eight of the public health law; and 40 (b) provide information to the patient or, where applicable, the 41 person legally responsible for the patient, on the importance of having 42 a primary health care practitioner, developed by the commissioner of 43 health; and 44 (c) report such administration, absent of any individually identifi- 45 able health information, to the department of health in a manner 46 required by the commissioner of health[.]; and 47 (d) prior to administering the immunization, inform the patient or, 48 where applicable, the person legally responsible for the patient, of the 49 total cost of the immunization or immunizations, subtracting any health 50 insurance subsidization, if applicable. In the case the immunization is 51 not covered, the pharmacist must inform the patient or, where applica- 52 ble, the person legally responsible for the patient, of the possibility 53 that the immunization may be covered when administered by a primary care 54 physician or practitioner; andS. 7507--A 86 A. 9507--A 1 (e) administer the immunization or immunizations according to the most 2 current recommendations by the advisory committee for immunization prac- 3 tices (ACIP), provided however, that a pharmacist may administer any 4 immunization authorized under this section when specified by a patient 5 specific order. 6 4. When administering an immunization in a pharmacy, the licensed 7 pharmacist shall provide an area for the immunization that provides for 8 a patient's privacy. The privacy area should include: 9 a. a clearly visible posting of the most current "Recommended Adult 10 Immunization Schedule" published by the advisory committee for immuniza- 11 tion practices (ACIP); and 12 (b) education materials on influenza vaccinations for children as 13 determined by the commissioner and the commissioner of health. 14 § 2. Subdivision 22 of section 6802 of the education law, as amended 15 by chapter 46 of the laws of 2015, is amended to read as follows: 16 22. "Administer", for the purpose of section sixty-eight hundred one 17 of this article, means: 18 a. the direct application of an immunizing agent to adults, whether by 19 injection, ingestion, inhalation or any other means, pursuant to a 20 patient specific order or non-patient specific regimen prescribed or 21 ordered by a physician or certified nurse practitioner, who has a prac- 22 tice site in the county or adjoining county in which the immunization is 23 administered, for immunizations to prevent influenza, pneumococcal, 24 acute herpes zoster, meningococcal, tetanus, diphtheria or pertussis 25 disease and medications required for emergency treatment of anaphylaxis. 26 If the commissioner of health determines that there is an outbreak of 27 disease, or that there is the imminent threat of an outbreak of disease, 28 then the commissioner of health may issue a non-patient specific regimen 29 applicable statewide. 30 b. the direct application of an immunizing agent to children between 31 the ages of two and eighteen years of age, whether by injection, inges- 32 tion, inhalation or any other means, pursuant to a patient specific 33 order or non-patient specific regimen prescribed or ordered by a physi- 34 cian or certified nurse practitioner, who has a practice site in the 35 county or adjoining county in which the immunization is administered, 36 for immunization to prevent influenza and medications required for emer- 37 gency treatment of anaphylaxis resulting from such immunization. If the 38 commissioner of health determines that there is an outbreak of influen- 39 za, or that there is the imminent threat of an outbreak of influenza, 40 then the commissioner of health may issue a non-patient specific regimen 41 applicable statewide. 42 § 3. Section 8 of chapter 563 of the laws of 2008, amending the educa- 43 tion law and the public health law relating to immunizing agents to be 44 administered to adults by pharmacists, as amended by chapter 46 of the 45 laws of 2015, is amended to read as follows: 46 § 8. This act shall take effect on the ninetieth day after it shall 47 have become a law [and shall expire and be deemed repealed July 1,482019]. 49 § 4. Section 5 of chapter 116 of the laws of 2012, amending the educa- 50 tion law relating to authorizing a licensed pharmacist and certified 51 nurse practitioner to administer certain immunizing agents, as amended 52 by chapter 46 of the laws of 2015, is amended to read as follows: 53 § 5. This act shall take effect on the ninetieth day after it shall 54 have become a law [and], provided, however, that the provisions of 55 sections one, two and four of this act shall expire and be deemed 56 repealed July 1, 2019 provided, that:S. 7507--A 87 A. 9507--A 1 (a) the amendments to subdivision 7 of section 6527 of the education 2 law made by section one of this act shall not affect the repeal of such 3 subdivision and shall be deemed to be repealed therewith; 4 (b) the amendments to subdivision 7 of section 6909 of the education 5 law, made by section two of this act shall not affect the repeal of such 6 subdivision and shall be deemed to be repealed therewith; 7 (c) the amendments to subdivision 22 of section 6802 of the education 8 law made by section three of this act shall not affect the repeal of 9 such subdivision and shall be deemed to be repealed therewith; and 10 (d) the amendments to section 6801 of the education law made by 11 section four of this act shall not affect the expiration of such section 12 and shall be deemed to expire therewith. 13 § 5. Section 5 of chapter 21 of the laws of 2011, amending the educa- 14 tion law relating to authorizing pharmacists to perform collaborative 15 drug therapy management with physicians in certain settings, as amended 16 by chapter 238 of the laws of 2015, is amended to read as follows: 17 § 5. This act shall take effect on the one hundred twentieth day after 18 it shall have become a law [and], provided, however, that the provisions 19 of sections two, three, and four of this act shall expire 7 years after 20 such effective date when upon such date the provisions of this act shall 21 be deemed repealed; provided, however, that the amendments to subdivi- 22 sion 1 of section 6801 of the education law made by section one of this 23 act shall be subject to the expiration and reversion of such subdivision 24 pursuant to section 8 of chapter 563 of the laws of 2008, when upon such 25 date the provisions of section one-a of this act shall take effect; 26 provided, further, that effective immediately, the addition, amendment 27 and/or repeal of any rule or regulation necessary for the implementation 28 of this act on its effective date are authorized and directed to be made 29 and completed on or before such effective date. 30 § 6. This act shall take effect immediately. 31 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 32 sion, section or part of this act shall be adjudged by any court of 33 competent jurisdiction to be invalid, such judgment shall not affect, 34 impair, or invalidate the remainder thereof, but shall be confined in 35 its operation to the clause, sentence, paragraph, subdivision, section 36 or part thereof directly involved in the controversy in which such judg- 37 ment shall have been rendered. It is hereby declared to be the intent of 38 the legislature that this act would have been enacted even if such 39 invalid provisions had not been included herein. 40 § 3. This act shall take effect immediately provided, however, that 41 the applicable effective date of Parts A through DD of this act shall be 42 as specifically set forth in the last section of such Parts.
