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).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9507C
SPONSOR: Budget TITLE OF BILL: An act to amend the public health law, in relation to
rate methodology for capital expenditures to hospitals and residential
nursing facilities; to amend the social services law, in relation to
standard coverage for physical therapy services under medical assistance
for needy persons programs; to direct a review of the feasibility of a
burn center in Kings county; and in relation to rates of reimbursement
for certain residential health care facilities (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 eligible persons participating in the New
York traumatic brain injury waiver program; to amend the public health
law, in relation to limitations on licensed home care service agency
contracts and registration of licensed home care services agencies; to
amend the social services law, in relation to advertising by fiscal
intermediaries; and in relation to medicaid reimbursement rates for
hospice providers (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 and copayments; and in relation to the Medicaid drug cap
(Part D); intentionally omitted (Part E); intentionally omitted (Part
F); intentionally omitted (Part G); intentionally omitted (Part H);
intentionally omitted (Part I); to amend the state finance law, in
relation to the false claims act (Part J); to amend the public health
law and the social services law in relation to home care services and
direct care costs; and to amend chapter 59 of the laws of 2011 amending
the public health law and other laws relating to known and projected
department of health state fund medicaid expenditures, in relation to
extending the medicaid global cap (Part K); intentionally omitted (Part
L); to amend chapter 266 of the laws of 1986, amending the civil prac-
tice law and rules and other laws relating to malpractice and profes-
sional 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, relating 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); intentionally omitted (Part O); inten-
tionally omitted (Part P); to amend the public health law, in relation
to the health care facility transformation program (Part Q); inten-
tionally omitted (Part R); intentionally omitted (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, and to amend the social
services law, in relation to payment for telehealh services and remote
patient monitoring and to repeal certain provisions of the public health
law relating thereto (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 effec-
tiveness of certain provisions of such chapter; to amend chapter 58 of
the laws of 2007, amending the social services law and other laws relat-
ing to adjustments of rates, in relation to the effectiveness 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 relating to authoriz-
ing reimbursements for expenditures made by or on behalf of social
services districts for medical assistance for needy persons and adminis-
tration thereof, in relation to the effectiveness thereof; to amend
chapter 906 of the laws of 1984, amending the social services law relat-
ing to expanding medical assistance eligibility and the scope of
services available to certain persons with disabilities, in relation to
the effectiveness thereof; 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; to amend the social services law, in relation to
agreements with pharmaceutical manufacturers; to amend part B of chapter
57 of the laws of 2015, amending the social services law and other laws
relating to supplemental rebates, in relation to the effectiveness ther-
eof; and to amend the public health law, in relation to participation
and membership in a demonstration period (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); intentionally omitted (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
chapter 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 waivers
granted under subsection (c) of section 1915 of the federal social secu-
rity law, in relation to nursing facility services; to amend the social
services law, in relation to waivers for high quality and integrated
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 comprehensive 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 and 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 thereof (Part Z); to amend part C of chapter 57 of the
laws of 2006, relating 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, in relation to expanding the list of controlled
substances (Part BB); to amend the public health law, in relation to
inquiries or complaints of professional misconduct (Part CC); 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 the public
health law, in relation to reporting requirements for vaccines adminis-
tered by pharmacists to individuals less than nineteen years of age; 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 perma-
nent; 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 collaborative drug therapy management with physicians in
certain settings, in relation to making certain provisions permanent
(Part DD); to amend the social services law, in relation to insurance
payments for independent practitioner services for individuals with
developmental disabilities (Part EE); to amend the mental hygiene law,
in relation to establishing the office of the independent substance use
disorder and mental health ombudsman (Part FF); to amend the mental
hygiene law, in relation to a certified peer recovery advocate services
program (Part GG); to amend the public health law, the executive law and
the insurance law, in relation to sexual assault forensic exams; and to
repeal certain provisions of the public health law relating thereto
(Part HH); to amend the mental hygiene law, in relation to state-operat-
ed individualized residential alternatives; and to amend part Q of chap-
ter 59 of the laws of 2016, amending the mental hygiene law relating to
the closure or transfer of a state-operated individualized residential
alternative, in relation to the effectiveness thereof (Part II); to
amend the mental hygiene law, the public health law and the executive
law, in relation to establishing a training program for first responders
for handling emergency situations involving individuals with autism
spectrum disorder and other developmental disabilities (Part JJ); to
amend the state finance law, in relation to requiring bids submitted to
the state or any agency or department of the state to contain a certif-
ication concerning sexual harassment (Subpart A); to amend the civil
practice law and rules, in relation to prohibiting mandatory arbitration
clauses (Subpart B); to amend the public officers law, in relation 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); to amend the general obligations law and the civil
practice law and rules, in relation to nondisclosure agreements (Subpart
D); to amend the labor law, in relation to the establishment of a model
policy regarding the prevention of sexual harassment and a model train-
ing program to prevent sexual harassment in the workplace (Subpart E);
and to amend the executive law, in relation to sexual harassment relat-
ing to non-employees (Subpart F) (Part KK); to amend the public health
law, in relation to authorizing a voluntary public water system consol-
idation study (Part LL); to amend the public health law, in relation to
pharmacy audits by pharmacy benefit managers; to amend the public health
law, in relation to contracts between pharmacy benefit managers and
pharmacies; to amend the insurance law, in relation to outpatient treat-
ment; to amend the public health law, in relation 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; to
amend the public health law, in relation to screening students for lead
when enrolling in child care, pre-school or kindergarten; to amend the
public health law, in relation to the lead service line replacement
grant program; to direct 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 to amend the insurance law,
in relation to providing coverage for pasteurized donor human milk
(PDHM) (Part MM); and to amend the public health law and the state
finance law, in relation to enacting the opioid stewardship act; and
providing for the repeal of such provisions upon expiration thereof
(Part NN)
SUMMARY:
This bill would enact into law major components of legislation that are
necessary to implement the State Fiscal Year (SFY) 2018-19 budget as it
pertains to the Health and Mental Hygiene budget. Among its provisions
are the following proposals:
A Implements various provision related to hospital services.
B Implements various long term care proposals.
C Implements various proposals related to health homes.
D Implements various proposals related to pharmacy services.
E Intentionally omitted.
F Intentionally omitted.
G Intentionally omitted.
H Intentionally omitted.
I Intentionally omitted.
J Implement changes to the false claims act to conform with federal
requirements.
K Extends the Medicaid global cap and expands reporting requirements.
L Intentionally omitted.
M Extends the physician Excess Medical Malpractice Program.
N Reduces certain cost of living reduction payments.
0 Intentionally omitted.
P Intentionally omitted.
Q Establishes a new $475 million health care capital program.
R Intentionally omitted.
S Expands the availability of telehealth services and streamlines
provider regulations.
T Extends various expiring provision of law.
U Extends certain demonstration programs.
V Extends community reinvestment requirements.
W Intentionally omitted.
X Extend the authority for certain agencies to act as representative
payees.
Y Makes various modification related to social workers.
Z Authorizes the establishment of care coordination organizations.
AA Defers the human services cost of living increase for one year.
BB Expands the State's controlled substances list to match the federal
list.
CC Expands the authority of the Commissioner of Health to suspend physi-
cians in certain circumstances.
DD Authorizes pharmacists to administer the flu vaccine.
EE Provides for transitional planning for certain vulnerable individ-
uals.
FF Establishes the behavioral health ombudsman.
GG Codifies the peer advocate program.
HH Provides for rape kit preservation and eliminates all insurance cost-
sharing requirements.
II Extends the notice requirements in the event of a State-operated
facility closures.
JJ Establishes training programs for first responders related to indi-
viduals with autism spectrum disorder and other developmental disabili-
ties.
KK Makes various changes related to sexual harassment policies.
LL Requires study of water system consolidation activities.
MM Amends various provisions related to pharmacy benefit managers and
insurance coverage requirements.
NN Establish the Opioid Stewardship Act.
JUSTIFICATION:
This bill is necessary for the enactment of portions of the SFY 2018-19
the Health and Mental Hygiene budget, as contained in the State Oper-
ations, Capital Projects and Aid to Localities appropriations bills.
FISCAL IMPACT:
The provisions contained in this legislation are related to appropri-
ations proposed for SFY 2018-19.
EFFECTIVE DATE:
Effective April 1, 2018, with exceptions.
