A03007 Summary:

BILL NOA03007B
 
SAME ASSAME AS UNI. S02007-B
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state health and mental health budget for the 2017-2018 state fiscal year; relates to controlling drug costs; relates to the drug utilization review board; relates to Medicaid reimbursement of covered outpatient drugs; authorizes the suspension of a provider's Medicaid enrollment for inappropriate prescribing of opioids; relates to reducing Medicaid coverage and increasing copayments for non-prescription drugs to aligning pharmacy copayment requirements with federal regulations, and to adjusting consumer price index penalties for generic drugs (Part D); relates to fiscal intermediary certification under the consumer directed personal assistance program, reserved bed days and establishing a prospective per diem adjustment for certain nursing homes (Part E); relates to extending the Medicaid global cap (Part G); extends provisions of the New York Health Care Reform Act of 1996; relates to the distribution of pool allocations and graduate medical education innovations pool; extends provisions of chapter 600 of the laws of 1986 relating to the development of pilot reimbursement programs for ambulatory care services; extends provisions of chapter 520 of the laws of 1978 relating to providing for a comprehensive survey of health care financing, education and illness prevention and creating councils for the conduct thereof; relates to rates of payments for personal care services workers; relates to the comprehensive diagnostic and treatment centers indigent care program; extends provisions of chapter 62 of the laws of 2003, relating to the deposit of certain funds; amends chapter 266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional misconduct, relating to apportioning premium for certain policies; amends 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 misconduct, relates to extending certain provisions concerning the hospital excess liability pool; relates to the health care initiatives pool distributions; and relates to tobacco control and insurance initiatives pool distributions (Part H); extends certain provisions of law relating to health care (Part I); relates to emerging contaminant monitoring including certain physical, chemical, microbiological or radiological substances (Part M); relates to general hospital reimbursement for annual rates relating to the cap on local Medicaid expenditures, in relation to extending government rates for behavioral services and adding an alternative payment methodology; increasing Medicaid equivalent fees through ambulatory patient group methodology and adding an alternative payment methodology requirement (Part P); relates to providing funding to increase salaries and related fringe benefits to direct care workers, direct support professionals and clinical workers employed by not-for-profits funded by the office for people with developmental disabilities, the office of mental health and the office of alcoholism and substance abuse services (Part Q); relates to the drinking water quality council (Part R); relates to health homes and managed care programs; relates to pasteurized donor human milk and ovulation enhancing drugs; relates to home care worker wage parity; authorizes the commissioner of health to sell accounts receivables balances owed to the state by Medicaid providers to financial institutions (Part S); relates to the implementation of the "clean water infrastructure act of 2017" (Part T).
Go to top    

A03007 Actions:

BILL NOA03007B
 
01/23/2017referred to ways and means
03/13/2017amend (t) and recommit to ways and means
03/13/2017print number 3007a
04/04/2017amend (t) and recommit to ways and means
04/04/2017print number 3007b
04/05/2017reported referred to rules
04/05/2017reported
04/05/2017rules report cal.39
04/05/2017substituted by s2007b
 S02007 AMEND=B BUDGET
 01/23/2017REFERRED TO FINANCE
 03/13/2017AMEND AND RECOMMIT TO FINANCE
 03/13/2017PRINT NUMBER 2007A
 04/04/2017AMEND (T) AND RECOMMIT TO FINANCE
 04/04/2017PRINT NUMBER 2007B
 04/04/2017ORDERED TO THIRD READING CAL.553
 04/04/2017MESSAGE OF NECESSITY - 3 DAY MESSAGE
 04/04/2017PASSED SENATE
 04/04/2017DELIVERED TO ASSEMBLY
 04/04/2017referred to ways and means
 04/05/2017substituted for a3007b
 04/05/2017ordered to third reading rules cal.39
 04/05/2017motion to amend lost
 04/05/2017message of necessity - 3 day message
 04/05/2017passed assembly
 04/05/2017returned to senate
 04/09/2017DELIVERED TO GOVERNOR
 04/20/2017SIGNED CHAP.57
Go to top

A03007 Committee Votes:

WAYS AND MEANS Chair:Farrell DATE:04/05/2017AYE/NAY:30/0 Action: Favorable refer to committee Rules
FarrellAyeOaksAye
LentolAyeCrouchAye
SchimmingerExcusedBarclayAye
MillerAyeFitzpatrickAye
WeinsteinAyeHawleyExcused
GlickAyeMalliotakisAye
NolanAyeWalterAye
PretlowAyeMontesanoAye
PerryAyeCurranAye
ColtonAyeRaAye
CookAye
CahillAye
AubryAye
HooperExcused
ThieleAye
CusickAye
OrtizExcused
BenedettoAye
MoyaAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinExcused
McDonaldAye
RozicAye

RULES Chair:Heastie Message of Necessity DATE:04/05/2017AYE/NAY:20/8 Action: Favorable
HeastieAyeKolbNay
GottfriedAyeOaksNay
LentolAyeButlerNay
FarrellAyeCrouchNay
GanttExcusedFinchNay
NolanAyeBarclayNay
WeinsteinAyeRaiaNay
HooperAyeHawleyNay
OrtizExcused
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliExcused
PerryAye
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye

RULES Chair:Heastie DATE:04/05/2017AYE/NAY:28/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
FarrellAyeCrouchAye
GanttExcusedFinchAye
NolanAyeBarclayAye
WeinsteinAyeRaiaAye
HooperAyeHawleyAye
OrtizExcused
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliExcused
PerryAye
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye

Go to top

A03007 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A03007 Memo:

Memo not available
Go to top

A03007 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2007--B                                            A. 3007--B
 
                SENATE - ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        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  --  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  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT intentionally omitted (Part A); intentionally omitted  (Part  B);
          intentionally  omitted  (Part  C);  to amend the public health law, in
          relation to controlling drug costs; to amend the social services  law,
          in  relation to the drug utilization review board; to amend the social
          services law, in relation to Medicaid reimbursement of covered  outpa-
          tient  drugs;  to  authorize  the  suspension of a provider's Medicaid
          enrollment for inappropriate prescribing  of  opioids;  to  amend  the
          social  services law, in relation to refills of controlled substances;
          to amend the social services law, in  relation  to  reducing  Medicaid
          coverage  and  increasing  copayments  for  non-prescription drugs, to
          aligning pharmacy copayment requirements with federal regulations, and
          to adjusting consumer price index penalties for  generic  drugs  (Part
          D);  to  amend the social services law, in relation to fiscal interme-
          diary certification under the consumer  directed  personal  assistance
          program;  and  to amend the public health law, in relation to reserved
          bed days and  establishing  a  prospective  per  diem  adjustment  for
          certain  nursing  homes  (Part  E); intentionally omitted (Part F); to
          amend part H of 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 G); to amend the New York Health Care
          Reform Act of 1996, in relation to extending certain provisions relat-
          ing thereto; to amend the New York Health Care Reform Act of 2000,  in
          relation  to  extending  the  effectiveness  of provisions thereof; to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12571-04-7

        S. 2007--B                          2                         A. 3007--B

          amend the public health law, in relation to the distribution  of  pool
          allocations and graduate medical education; to amend the public health
          law,  in  relation  to  health  care initiative pool distributions; to
          amend  the  social  services  law,  in  relation  to extending payment
          provisions for general hospitals; to amend the public health  law,  in
          relation  to the assessments on covered lives; to amend chapter 600 of
          the laws of 1986 amending the public health law relating to the devel-
          opment of pilot reimbursement programs for ambulatory  care  services,
          in  relation to the effectiveness thereof; to amend chapter 520 of the
          laws of 1978 relating to  providing  for  a  comprehensive  survey  of
          health  care  financing, education and illness prevention and creating
          councils for the conduct thereof, in  relation  to  the  effectiveness
          thereof;  to  amend the public health law and the social services law,
          in relation to rates of payment for personal care services workers; to
          amend the public health law, in relation to the comprehensive diagnos-
          tic and treatment centers indigent care program; to amend  chapter  62
          of  the  laws of 2003 amending the general business law and other laws
          relating to enacting major components necessary to implement the state
          fiscal plan for the 2003-04 state fiscal  year,  in  relation  to  the
          deposit  of  certain  funds; 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 appor-
          tioning 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 malprac-
          tice and  professional  medical  conduct,  in  relation  to  extending
          certain  provisions concerning the hospital excess liability pool; and
          to amend the public health law, in relation  to  tobacco  control  and
          insurance  initiatives  pool  distributions (Part H); to amend chapter
          884 of the laws of 1990, amending the public health  law  relating  to
          authorizing  bad  debt  and charity care allowances for certified home
          health agencies, in relation to the effectiveness  thereof;  to  amend
          chapter 60 of the laws of 2014 amending the social services law relat-
          ing  to  eliminating  prescriber  prevails  for  brand name drugs with
          generic equivalents, in relation  to  the  effectiveness  thereof;  to
          amend the public health law, in relation to extending the nursing home
          cash  assessment;  to  amend chapter 474 of the laws of 1996, amending
          the education law and other laws relating  to  rates  for  residential
          health  care  facilities, in relation to the effectiveness thereof; to
          amend chapter 58 of the laws of 2007, amending the social services law
          and other laws relating to enacting the  major  components  of  legis-
          lation necessary to implement the health and mental hygiene budget for
          the  2007-2008  state  fiscal  year,  in  relation to delay of certain
          administrative cost; to amend chapter 81 of the laws of 1995, amending
          the public health law and other laws relating to medical reimbursement
          and welfare reform, in relation to the effectiveness thereof; to amend
          chapter 109 of the laws of 2010,  amending  the  social  services  law
          relating  to  transportation  costs,  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 the effec-
          tiveness thereof; to amend chapter 2 of the laws of 1998, amending the
          public health law and other  laws  relating  to  expanding  the  child
          health  insurance  plan,  in relation to the effectiveness thereof; to
          amend chapter 19 of the laws of 1998, amending the social services law

        S. 2007--B                          3                         A. 3007--B
 
          relating to limiting the method  of  payment  for  prescription  drugs
          under the medical assistance program, in relation to the effectiveness
          thereof;  to  amend  the  public health law, in relation to continuing
          nursing home upper payment limit payments; to amend chapter 904 of the
          laws  of  1984, amending the public health law and the social services
          law relating to encouraging comprehensive health services, in relation
          to the effectiveness thereof; to amend chapter 62 of the laws of 2003,
          amending the public health law relating to allowing  for  the  use  of
          funds  of the office of professional medical conduct for activities of
          the patient health information and quality improvement act of 2000, in
          relation to extending the provisions thereof; to amend chapter  59  of
          the  laws  of  2011,  amending  the  public health law relating to the
          statewide health information network of New  York  and  the  statewide
          planning  and  research  cooperative  system  and  general  powers and
          duties, in relation to the effectiveness thereof; to amend chapter  58
          of the laws of 2008, amending the elder law and other laws relating to
          reimbursement  to  participating  provider pharmacies and prescription
          drug coverage, in relation to  extending  the  expiration  of  certain
          provisions thereof; and to amend the public health law, in relation to
          issuance  of  certificates  of authority to accountable care organiza-
          tions (Part I); intentionally omitted (Part J); intentionally  omitted
          (Part  K);  intentionally omitted (Part L); to amend the public health
          law, in relation to emerging contaminant monitoring (Part  M);  inten-
          tionally  omitted  (Part  N); intentionally omitted (Part O); to amend
          chapter 56 of the laws of 2013 amending chapter 59 of the laws of 2011
          amending the public health law and  other  laws  relating  to  general
          hospital  reimbursement  for annual rates relating to the cap on local
          Medicaid expenditures, in relation to extending government  rates  for
          behavioral  services  and  adding  an  alternative payment methodology
          requirement; and to amend chapter 111 of the laws of 2010 relating  to
          increasing  Medicaid payments to providers through managed care organ-
          izations and providing equivalent fees through an  ambulatory  patient
          group  methodology,  in  relation  to  extending  government rates for
          behavioral services and  adding  an  alternative  payment  methodology
          requirement  (Part  P);  to  amend part C of chapter 57 of the laws of
          2006, relating to establishing a cost of living adjustment for  desig-
          nated  human  services  programs,  in relation to providing funding to
          increase salaries and related fringe benefits to direct care  workers,
          direct support professionals and clinical workers employed by not-for-
          profits  funded  by the office for people with developmental disabili-
          ties, the office of mental health and the  office  of  alcoholism  and
          substance  abuse services (Part Q); to amend the public health law, in
          relation to establishing the drinking water quality council (Part  R);
          to  amend  the  social  services  law, in relation to health homes; to
          amend the social services law, in relation to managed  care  programs;
          to  amend  the  social  services law, in relation to pasteurized donor
          human milk and ovulation enhancing drugs; to amend the  public  health
          law,  in  relation  to  home  care  worker wage parity; in relation to
          authorizing the commissioner of health to  sell  accounts  receivables
          balances  owed  to the state by Medicaid providers to financial insti-
          tutions; and providing for the expiration of certain provisions  (Part
          S); and to amend the environmental conservation law, the public health
          law,  the  public  authorities law, the state finance law and the soil
          and water conservation districts law, in relation to  the  implementa-
          tion of the "clean water infrastructure act of 2017" (Part T)

        S. 2007--B                          4                         A. 3007--B
 
          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 2017-2018
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as Parts A through T. 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                            Intentionally Omitted
 
    14                                   PART B
 
    15                            Intentionally Omitted
 
    16                                   PART C
 
    17                            Intentionally Omitted
 
    18                                   PART D
 
    19    Section  1.   The public health law is amended by adding a new section
    20  280 to read as follows:
    21    § 280. Medicaid drug  cap.    1.  The  legislature  hereby  finds  and
    22  declares  that  there  is a significant public interest for the Medicaid
    23  program to manage drug costs in a manner  that  ensures  patient  access
    24  while  providing  financial  stability  for  the state and participating
    25  providers. Since two thousand eleven, the state  has  taken  significant
    26  steps  to  contain costs in the Medicaid program by imposing a statutory
    27  limit on annual growth. Drug expenditures, however, continually  outpace
    28  other cost components causing significant pressure on the state, provid-
    29  ers,  and  patient access operating under the Medicaid global cap. It is
    30  therefore intended that the department establish a Medicaid drug cap  as
    31  a separate component within the Medicaid global cap as part of a focused
    32  and sustained effort to balance the growth of drug expenditures with the
    33  growth of total Medicaid expenditures.
    34    2.  The  commissioner  shall  establish  a  year to year department of
    35  health state-funds Medicaid drug spending growth target as follows:
    36    (a) for state fiscal year two thousand seventeen--two  thousand  eigh-
    37  teen,  be  limited to the ten-year rolling average of the medical compo-
    38  nent of the consumer price index plus five percent and minus a  pharmacy
    39  savings target of fifty-five million dollars; and
    40    (b)  for  state  fiscal year two thousand eighteen--two thousand nine-
    41  teen, be limited to the ten-year rolling average of the  medical  compo-
    42  nent  of the consumer price index plus four percent and minus a pharmacy
    43  savings target of eighty-five million dollars.
    44    3. The department and the division of the budget  shall  assess  on  a
    45  quarterly basis the projected total amount to be expended in the year on

        S. 2007--B                          5                         A. 3007--B
 
     1  a  cash  basis  by the Medicaid program for each drug, and the projected
     2  annual amount of drug expenditures for  all  drugs,  which  shall  be  a
     3  component  of  the  projected  department of health state funds Medicaid
     4  expenditures  calculated for purposes of sections ninety-one and ninety-
     5  two of part H of chapter fifty-nine of the laws of two thousand  eleven.
     6  For  purposes  of  this  section, state funds Medicaid drug expenditures
     7  include amounts expended for drugs in both the Medicaid  fee-for-service
     8  and Medicaid managed care programs, minus the amount of any drug rebates
     9  or  supplemental  drug  rebates  received  by  the department, including
    10  rebates pursuant to subdivision five of this  section  with  respect  to
    11  rebate targets.
    12    (a) In the event the director of the budget determines, based on Medi-
    13  caid drug expenditures for the previous quarter or other relevant infor-
    14  mation,  that  the  total department of health state funds Medicaid drug
    15  expenditure is projected to exceed the annual growth limitation  imposed
    16  by  subdivision  two  of this section, the commissioner may identify and
    17  refer drugs to the drug utilization review board established by  section
    18  three hundred sixty-nine-bb of the social services law for a recommenda-
    19  tion  as to whether a target supplemental Medicaid rebate should be paid
    20  by the manufacturer of the drug to the department and the target  amount
    21  of the rebate.
    22    (b)  If the department intends to refer a drug to the drug utilization
    23  review board pursuant to paragraph (a) of this subdivision, the  depart-
    24  ment  shall  notify  the  manufacturer of such drug and shall attempt to
    25  reach agreement with the manufacturer on a rebate for the drug prior  to
    26  referring the drug to the drug utilization review board for review.
    27    (c)  In  the  event  that  the  commissioner and the manufacturer have
    28  previously agreed to a supplemental rebate for a drug pursuant to  para-
    29  graph  (b)  of this subdivision or paragraph (e) of subdivision seven of
    30  section three hundred sixty-seven-a of the social services law, the drug
    31  shall not be referred to the  drug  utilization  review  board  for  any
    32  further  supplemental  rebate  for  the  duration of the previous rebate
    33  agreement.
    34    (d) The department shall consider a drug's actual cost to  the  state,
    35  including  current rebate amounts, prior to seeking an additional rebate
    36  pursuant to paragraph (b) or (c) of this subdivision and shall take into
    37  consideration whether the manufacturer of the drug is providing  signif-
    38  icant discounts relative to other drugs covered by the Medicaid program.
    39    (e) The commissioner shall be authorized to take the actions described
    40  in  this  section  only  so long as total Medicaid drug expenditures are
    41  projected to exceed the annual growth limitation imposed by  subdivision
    42  two of this section.
    43    4.  In  determining  whether to recommend a target supplemental rebate
    44  for a drug, the drug utilization review board shall consider the  actual
    45  cost  of  the  drug to the Medicaid program, including federal and state
    46  rebates, and may consider, among other things:
    47    (a) the drug's impact on the Medicaid drug spending growth target  and
    48  the  adequacy of capitation rates of participating Medicaid managed care
    49  plans, and the drug's affordability and value to the  Medicaid  program;
    50  or
    51    (b) significant and unjustified increases in the price of the drug; or
    52    (c) whether the drug may be priced disproportionately to its therapeu-
    53  tic benefits.
    54    5. (a) If the drug utilization review board recommends a target rebate
    55  amount  on  a  drug referred by the commissioner, the commissioner shall
    56  require a supplemental rebate to be paid by the drug's  manufacturer  in

        S. 2007--B                          6                         A. 3007--B
 
     1  an  amount  not  to  exceed such target rebate amount. With respect to a
     2  rebate required in state fiscal year two thousand  seventeen--two  thou-
     3  sand  eighteen,  the  rebate  requirement shall apply beginning with the
     4  month  of  April, two thousand seventeen, without regard to the date the
     5  department enters into the rebate agreement with the manufacturer.
     6    (b) The supplemental rebate required by paragraph (a) of this subdivi-
     7  sion shall apply to drugs dispensed to enrollees of managed care provid-
     8  ers pursuant  to  section  three  hundred  sixty-four-j  of  the  social
     9  services  law  and to drugs dispensed to Medicaid recipients who are not
    10  enrollees of such providers.
    11    (c) If the drug utilization review board recommends  a  target  rebate
    12  amount  for  a  drug  and the department is unable to negotiate a rebate
    13  from the manufacturer in an amount that is at least seventy-five percent
    14  of the target rebate amount, the commissioner is authorized to waive the
    15  provisions of paragraph (b) of subdivision three of section two  hundred
    16  seventy-three  of  this article and the provisions of subdivisions twen-
    17  ty-five and twenty-five-a of section three hundred sixty-four-j  of  the
    18  social  services  law  with  respect  to such drug; however, this waiver
    19  shall not be implemented in situations where it would prevent access  by
    20  a Medicaid recipient to a drug which is the only treatment for a partic-
    21  ular disease or condition.  Under no circumstances shall the commission-
    22  er  be authorized to waive such provisions with respect to more than two
    23  drugs in a given time.
    24    (d) Where the department and a manufacturer enter into a rebate agree-
    25  ment pursuant to this section, which may  be  in  addition  to  existing
    26  rebate  agreements  entered into by the manufacturer with respect to the
    27  same drug, no additional rebates shall be required to  be  paid  by  the
    28  manufacturer to a managed care provider or any of a managed care provid-
    29  er's  agents, including but not limited to any pharmacy benefit manager,
    30  while the department is collecting the rebate pursuant to this section.
    31    (e) In formulating a recommendation concerning a target rebate  amount
    32  for a drug, the drug utilization review board may consider:
    33    (i)  publicly  available  information  relevant  to the pricing of the
    34  drug;
    35    (ii) information supplied by the department relevant to the pricing of
    36  the drug;
    37    (iii) information relating to value-based pricing;
    38    (iv) the seriousness and prevalence of the disease or  condition  that
    39  is treated by the drug;
    40    (v) the extent of utilization of the drug;
    41    (vi)  the  effectiveness  of  the  drug in treating the conditions for
    42  which it is prescribed, or in improving a patient's health,  quality  of
    43  life, or overall health outcomes;
    44    (vii)  the  likelihood  that  use of the drug will reduce the need for
    45  other medical care, including hospitalization;
    46    (viii) the average wholesale price, wholesale acquisition cost, retail
    47  price of the drug, and the cost of the  drug  to  the  Medicaid  program
    48  minus rebates received by the state;
    49    (ix)  in  the  case  of  generic  drugs,  the number of pharmaceutical
    50  manufacturers that produce the drug;
    51    (x) whether there are pharmaceutical equivalents to the drug; and
    52    (xi) information supplied by the manufacturer, if any, explaining  the
    53  relationship between the pricing of the drug and the cost of development
    54  of  the  drug  and/or  the  therapeutic  benefit of the drug, or that is
    55  otherwise pertinent to the manufacturer's  pricing  decision;  any  such
    56  information  provided  shall be considered confidential and shall not be

        S. 2007--B                          7                         A. 3007--B
 
     1  disclosed by the drug utilization review board in a form that identifies
     2  a specific manufacturer or prices charged for drugs by such  manufactur-
     3  er.
     4    6. (a) If the drug utilization review board recommends a target rebate
     5  amount  and  the  department  is  unsuccessful in entering into a rebate
     6  agreement with the manufacturer of the drug satisfactory to the  depart-
     7  ment,  the  drug manufacturer shall in that event be required to provide
     8  to the department, on a standard reporting form developed by the depart-
     9  ment, the following information:
    10    (i) the actual cost of developing, manufacturing, producing (including
    11  the cost per dose of production), and distributing the drug;
    12    (ii) research and development costs of the drug, including payments to
    13  predecessor  entities  conducting  research  and  development,  such  as
    14  biotechnology  companies,  universities and medical schools, and private
    15  research institutions;
    16    (iii) administrative, marketing, and advertising costs for  the  drug,
    17  apportioned  by  marketing  activities  that  are directed to consumers,
    18  marketing activities that are directed to  prescribers,  and  the  total
    19  cost  of  all  marketing  and  advertising that is directed primarily to
    20  consumers and prescribers in New York,  including  but  not  limited  to
    21  prescriber detailing, copayment discount programs, and direct-to-consum-
    22  er marketing;
    23    (iv) the extent of utilization of the drug;
    24    (v)  prices  for  the  drug that are charged to purchasers outside the
    25  United States;
    26    (vi) prices charged to typical purchasers in the state, including  but
    27  not  limited  to  pharmacies,  pharmacy chains, pharmacy wholesalers, or
    28  other direct purchasers;
    29    (vii) the average rebates and discounts provided per payer type in the
    30  State; and
    31    (viii) the average profit margin of each drug over the prior five-year
    32  period and the projected profit margin anticipated for such drug.
    33    (b) All information disclosed pursuant to paragraph (a) of this subdi-
    34  vision shall be considered confidential and shall not  be  disclosed  by
    35  the  department  in  a  form  that identifies a specific manufacturer or
    36  prices charged for drugs by such manufacturer.
    37    7. (a) If, after taking into  account  all  rebates  and  supplemental
    38  rebates  received  by the department, including rebates received to date
    39  pursuant to this section, total Medicaid  drug  expenditures  are  still
    40  projected  to exceed the annual growth limitation imposed by subdivision
    41  two of this section, the commissioner of health may:  subject  drugs  to
    42  prior  approval  in  accordance  with existing processes and procedures,
    43  which may include all drugs of a manufacturer that has not entered  into
    44  a  supplemental  rebate  agreement  required  by this section; directing
    45  managed care plans to remove from their Medicaid formularies those drugs
    46  with respect to which a manufacturer has failed to enter into  a  rebate
    47  agreement  required by this section; promoting the use of cost effective
    48  and clinically appropriate drugs other than those of a manufacturer  who
    49  has  failed  to  enter into a rebate agreement required by this section;
    50  allowing manufacturers to  accelerate  rebate  payments  under  existing
    51  rebate  contracts;  and  such  other  actions  as authorized by law. The
    52  commissioner shall provide written notice to the legislature thirty days
    53  prior to taking action pursuant to  this  paragraph,  unless  action  is
    54  necessary  in the fourth quarter of a fiscal year to prevent total Medi-
    55  caid drug expenditures from exceeding the limitation imposed by subdivi-

        S. 2007--B                          8                         A. 3007--B
 
     1  sion two of this section, in which case such notice to  the  legislature
     2  may be less than thirty days.
     3    (b) The commissioner shall be authorized to take the actions described
     4  in paragraph (a) of this subdivision only so long as total Medicaid drug
     5  expenditures  are  projected  to  exceed  the  annual  growth limitation
     6  imposed by subdivision two of  this  section.    In  addition,  no  such
     7  actions  shall be deemed to supersede the provisions of paragraph (b) of
     8  subdivision three of section two hundred seventy-three of  this  article
     9  or  the  provisions  of  subdivisions  twenty-five  and twenty-five-a of
    10  section three hundred sixty-four-j of the social services law, except as
    11  allowed by paragraph (c) of subdivision five of this  section;  provided
    12  further  that nothing in this section shall prevent access by a Medicaid
    13  recipient to a drug which is the only treatment for a particular disease
    14  or condition.
    15    § 2. Subdivisions 1 and 2 of section 369-bb  of  the  social  services
    16  law,  as  amended  by  section 20 of part A of chapter 56 of the laws of
    17  2013, are amended to read as follows:
    18    1. A [nineteen-member]  twenty-three-member  drug  utilization  review
    19  board  is hereby created in the department. The board is responsible for
    20  the establishment and implementation of medical standards  and  criteria
    21  for the retrospective and prospective DUR program.
    22    2. The members of the DUR board shall be appointed by the commissioner
    23  and  shall  serve a three-year term. Members may be reappointed upon the
    24  completion of other terms. The membership  shall  be  comprised  of  the
    25  following:
    26    (a) Six persons licensed and actively engaged in the practice of medi-
    27  cine  in  the  state,  with  expertise  in  the  areas of mental health,
    28  HIV/AIDS, geriatrics, pediatrics or internal medicine  and  who  may  be
    29  selected  based  on input from professional associations and/or advocacy
    30  groups in New York state.
    31    (b) Six persons licensed and actively practicing in  pharmacy  in  the
    32  state  who may be selected based on input from professional associations
    33  and/or advocacy groups in New York state.
    34    (c) Two persons with expertise in  drug  utilization  review  who  are
    35  health care professionals licensed under Title VIII of the education law
    36  at least one of whom is a pharmacologist.
    37    (d)  Three  persons  that are consumers or consumer representatives of
    38  organizations with a regional or statewide  constituency  and  who  have
    39  been  involved  in  activities related to health care consumer advocacy,
    40  including issues affecting Medicaid or EPIC recipients.
    41    (e) One person licensed and actively practicing as a nurse practition-
    42  er or midwife.
    43    (f) Two persons who are health care economists.
    44    (g) One person who is an actuary.
    45    (h) One person representing the department of financial services.
    46    (i) The commissioner shall designate a person from the  department  to
    47  serve as chairperson of the board.
    48    §  3.  Paragraphs (g), (h), and (i) of subdivision 8 of section 369-bb
    49  of the social services law are relettered paragraphs (h), (i),  and  (j)
    50  and a new paragraph (g) is added to read as follows:
    51    (g) The evaluation of specific drugs submitted to the board for review
    52  pursuant to section two hundred eighty of the public health law, and the
    53  formulation  of  recommended  target supplemental rebates, in accordance
    54  with the standards established in such section.
    55    § 4. Intentionally omitted.
    56    § 5. Intentionally omitted.

        S. 2007--B                          9                         A. 3007--B
 
     1    § 6. Intentionally omitted.
     2    § 7. The opening paragraph and subparagraphs (i) and (ii) of paragraph
     3  (b)  and  paragraph  (d) of subdivision 9 of section 367-a of the social
     4  services law, the opening paragraph and  paragraph  (d)  as  amended  by
     5  chapter  19 of the laws of 1998, subparagraphs (i) and (ii) of paragraph
     6  (b) as amended by section 2 of part C of chapter 60 of the laws of 2014,
     7  subparagraph (i) of paragraph (d) as amended by section 10-a of  part  H
     8  of chapter 59 of the laws of 2011 and subparagraph (ii) of paragraph (d)
     9  as  amended  by  section 48 of part C of chapter 58 of the laws of 2009,
    10  are amended to read as follows:
    11    Notwithstanding any inconsistent provision of law or regulation to the
    12  contrary,  for  those  drugs  which  may  not  be  dispensed  without  a
    13  prescription  as  required  by  section  sixty-eight  hundred ten of the
    14  education law and for which payment is authorized pursuant to  paragraph
    15  (g)  of  subdivision  two  of section three hundred sixty-five-a of this
    16  title, and for those drugs that are available without a prescription  as
    17  required by section sixty-eight hundred ten of the education law but are
    18  reimbursed  as  items of medical assistance pursuant to paragraph (a) of
    19  subdivision four of section three hundred sixty-five-a  of  this  title,
    20  payments under this title shall be made at the following amounts:
    21    (i)  [if the drug dispensed is a multiple source prescription drug for
    22  which an upper limit has been set by the federal  centers  for  medicare
    23  and medicaid services, the lower of: (A) an amount equal to the specific
    24  upper  limit  set  by  such  federal  agency  for  the  multiple  source
    25  prescription drug; (B) the estimated acquisition cost of  such  drug  to
    26  pharmacies  which,  for  purposes  of  this subparagraph, shall mean the
    27  average wholesale price of a prescription drug based on the package size
    28  dispensed from, as reported by the  prescription  drug  pricing  service
    29  used  by the department, less twenty-five percent thereof; (C) the maxi-
    30  mum acquisition cost, if any, established pursuant to paragraph  (e)  of
    31  this  subdivision,  provided that the methodology used by the department
    32  to establish a maximum acquisition cost shall not include average acqui-
    33  sition cost as determined by department surveys; or (D)  the  dispensing
    34  pharmacy's usual and customary price charged to the general public; and]
    35  (A)  if the drug dispensed is a generic prescription drug, the lower of:
    36  (1) an amount equal to the national average drug acquisition cost set by
    37  the federal centers for medicare and medicaid services for the drug,  if
    38  any,  or if such amount if not available, the wholesale acquisition cost
    39  of the drug based on the package size dispensed from, as reported by the
    40  prescription drug pricing service used by the department, less seventeen
    41  and one-half percent thereof; (2)  the  federal  upper  limit,  if  any,
    42  established  by  the federal centers for medicare and medicaid services;
    43  (3) the state maximum acquisition cost, if any, established pursuant  to
    44  paragraph  (e)  of  this  subdivision;  or (4) the dispensing pharmacy's
    45  usual and customary price charged to the general public; (B) if the drug
    46  dispensed is available without a prescription  as  required  by  section
    47  sixty-eight  hundred  ten  of  the education law but is reimbursed as an
    48  item of medical assistance pursuant to paragraph (a) of subdivision four
    49  of section three hundred sixty-five-a of this title, the lower of (1) an
    50  amount equal to the national average drug acquisition cost  set  by  the
    51  federal centers for medicare and medicaid services for the drug, if any,
    52  or  if  such  amount is not available, the wholesale acquisition cost of
    53  the drug based on the package size dispensed from, as  reported  by  the
    54  prescription drug pricing service used by the department, (2) the feder-
    55  al  upper limit, if any, established by the federal centers for medicare
    56  and medicaid services; (3) the state maximum acquisition  cost  if  any,

        S. 2007--B                         10                         A. 3007--B
 
     1  established  pursuant  to  paragraph (e) of this subdivision; or (4) the
     2  dispensing pharmacy's usual and customary price charged to  the  general
     3  public;
     4    (ii) if the drug dispensed is [a multiple source prescription drug or]
     5  a  brand-name  prescription  drug [for which no specific upper limit has
     6  been set by such federal agency], the lower of [the  estimated  acquisi-
     7  tion  cost of such drug to pharmacies or the dispensing pharmacy's usual
     8  and customary price charged to the general public. For sole and multiple
     9  source brand name drugs, estimated acquisition cost  means  the  average
    10  wholesale  price  of  a  prescription  drug  based upon the package size
    11  dispensed from, as reported by the  prescription  drug  pricing  service
    12  used  by the department, less seventeen percent thereof or the wholesale
    13  acquisition  cost  of  a  prescription  drug  based  upon  package  size
    14  dispensed  from,  as  reported  by the prescription drug pricing service
    15  used by the department, minus  zero  and  forty-one  hundredths  percent
    16  thereof,  and  updated  monthly  by  the department. For multiple source
    17  generic drugs, estimated acquisition cost means the lower of the average
    18  wholesale price of  a  prescription  drug  based  on  the  package  size
    19  dispensed  from,  as  reported  by the prescription drug pricing service
    20  used by the department, less twenty-five percent thereof, or the maximum
    21  acquisition cost, if any, established pursuant to paragraph (e) of  this
    22  subdivision,  provided  that  the  methodology used by the department to
    23  establish a maximum acquisition cost shall not include average  acquisi-
    24  tion cost as determined by department surveys.]:
    25    (A)  an amount equal to the national average drug acquisition cost set
    26  by the federal centers for medicare and medicaid services for the  drug,
    27  if  any,  or  if such amount is not available, the wholesale acquisition
    28  cost of the drug based on the package size dispensed from,  as  reported
    29  by  the  prescription  drug pricing service used by the department, less
    30  three and three-tenths percent thereof; or (B) the dispensing pharmacy's
    31  usual and customary price charged to the general public; and
    32    (d) In addition to the amounts paid pursuant to paragraph (b) of  this
    33  subdivision  [to  pharmacies  for those drugs which may not be dispensed
    34  without a prescription, as required by section sixty-eight  hundred  ten
    35  of  the  education  law  and for which payment is authorized pursuant to
    36  paragraph (g) of subdivision two of section three  hundred  sixty-five-a
    37  of  this  title],  the  department  shall  pay  a  professional pharmacy
    38  dispensing fee for  each  such  [prescription]  drug  dispensed[,  which
    39  dispensing fee shall not be less than the following amounts:
    40    (i)  for prescription drugs categorized as generic by the prescription
    41  drug pricing service used by the department,  three  dollars  and  fifty
    42  cents per prescription; and
    43    (ii)  for  prescription  drugs  categorized as brand-name prescription
    44  drugs by the prescription drug pricing service used by  the  department,
    45  three  dollars and fifty cents per prescription, provided, however, that
    46  for brand name prescription drugs reimbursed  pursuant  to  subparagraph
    47  (ii)  of  paragraph  (a-1)  of subdivision four of section three hundred
    48  sixty-five-a of this title, the dispensing fee shall be four dollars and
    49  fifty  cents  per  prescription]  in  the  amount  of  ten  dollars  per
    50  prescription  or written order of a practitioner; provided, however that
    51  this professional dispensing fee will not apply to drugs that are avail-
    52  able without a prescription as required by section  sixty-eight  hundred
    53  ten  of  the  education  law but do not meet the definition of a covered
    54  outpatient drug pursuant to Section 1927K of the Social Security Act.
    55    § 8. It shall be an unacceptable  practice  in  the  Medicaid  program
    56  established pursuant to title 11 of article 5 of the social services law

        S. 2007--B                         11                         A. 3007--B
 
     1  for  a provider to prescribe opioids in violation of the requirements of
     2  paragraph (g-1) of subdivision 2  of  section  365-a  of  such  law,  in
     3  violation  of  any  other  applicable  law  limiting  or restricting the
     4  prescribing of opioids, and/or contrary to recommendations issued by the
     5  drug  utilization  review  board  established  by  section 369-bb of the
     6  social services law, and such practice may result in the provider  being
     7  excluded  from  participation  in the Medicaid program.  No exclusion or
     8  other sanction of a Medicaid provider pursuant to this section shall  be
     9  imposed except in accordance with the requirements of parts 515, 517 and
    10  519  of title 18 of the codes, rules and regulations of the State of New
    11  York (NYCRR), and nothing herein shall be construed as limiting the  due
    12  process  rights  or  legal remedies that would otherwise be available to
    13  such a provider.
    14    § 9. Paragraph (g-1) of subdivision 2 of section 365-a of  the  social
    15  services  law,  as  amended  by section 5 of part C of chapter 60 of the
    16  laws of 2014, is amended to read as follows:
    17    (g-1) drugs provided on an in-patient basis, those drugs contained  on
    18  the  list established by regulation of the commissioner of health pursu-
    19  ant to subdivision four of this section, and those drugs which  may  not
    20  be  dispensed  without a prescription as required by section sixty-eight
    21  hundred ten of the education law and which the  commissioner  of  health
    22  shall determine to be reimbursable based upon such factors as the avail-
    23  ability  of  such  drugs  or  alternatives at low cost if purchased by a
    24  medicaid recipient, or the essential nature of such drugs  as  described
    25  by such commissioner in regulations, provided, however, that such drugs,
    26  exclusive  of long-term maintenance drugs, shall be dispensed in quanti-
    27  ties no greater than a thirty day supply or one hundred doses, whichever
    28  is greater; provided further that the commissioner of health is  author-
    29  ized  to  require  prior  authorization for any refill of a prescription
    30  when more than a ten day  supply  of  the  previously  dispensed  amount
    31  should  remain  were  the  product used as normally indicated, or in the
    32  case of a controlled  substance,  as  defined  in  section  thirty-three
    33  hundred  two of the public health law, when more than a seven day supply
    34  of the previously dispensed amount should remain were the  product  used
    35  as  normally indicated; provided further that the commissioner of health
    36  is authorized to require prior authorization of prescriptions of  opioid
    37  analgesics  in  excess  of  four prescriptions in a thirty-day period in
    38  accordance with section two hundred seventy-three of the  public  health
    39  law;  medical  assistance  shall  not include any drug provided on other
    40  than an in-patient basis for which a recipient is charged or a claim  is
    41  made  in the case of a prescription drug, in excess of the maximum reim-
    42  bursable amounts to be established by department regulations in  accord-
    43  ance  with  standards  established by the secretary of the United States
    44  department of health and human services, or, in the case of a  drug  not
    45  requiring  a  prescription, in excess of the maximum reimbursable amount
    46  established by the commissioner of health pursuant to paragraph  (a)  of
    47  subdivision four of this section;
    48    § 10. Intentionally omitted.
    49    § 11. Intentionally omitted.
    50    § 12. Intentionally omitted.
    51    § 13. Intentionally omitted.
    52    § 14. Intentionally omitted.
    53    § 15. Intentionally omitted.
    54    §  16. Subparagraph (iii) of paragraph (c) of subdivision 6 of section
    55  367-a of the social services law, as amended by section 9 of part  C  of
    56  chapter 60 of the laws of 2014, is amended to read as follows:

        S. 2007--B                         12                         A. 3007--B

     1    (iii)  Notwithstanding  any other provision of this paragraph, co-pay-
     2  ments charged for each generic prescription drug dispensed shall be  one
     3  dollar  and  for  each  brand  name prescription drug dispensed shall be
     4  [three dollars] two dollars and fifty cents; provided, however, that the
     5  co-payments  charged  for  [each  brand  name  prescription  drug on the
     6  preferred drug list established pursuant to section two  hundred  seven-
     7  ty-two of the public health law or, for managed care providers operating
     8  pursuant  to  section three hundred sixty-four-j of this title, for each
     9  brand name prescription drug on a managed care provider's formulary that
    10  such provider has designated as a preferred drug,  and  the  co-payments
    11  charged  for]  each  brand name prescription drug reimbursed pursuant to
    12  subparagraph (ii) of paragraph (a-1)  of  subdivision  four  of  section
    13  three hundred sixty-five-a of this title shall be one dollar.
    14    §  17.  Subparagraphs  1  and  5  of paragraph (f) of subdivision 7 of
    15  section 367-a of the social services law, as added by section 11 of part
    16  B of chapter 59 of the laws of 2016, are amended to read as follows:
    17    (1) The department may  require  manufacturers  of  drugs  other  than
    18  single  source  drugs and innovator multiple source drugs, as such terms
    19  are defined in 42 U.S.C. § 1396r-8(k), to provide rebates to the depart-
    20  ment for any drug that has increased more than three hundred percent  of
    21  its  state  maximum  acquisition  cost  (SMAC)[, on or after] during the
    22  period April 1, 2016 through March thirty-first, two thousand seventeen,
    23  or that has increased more than seventy-five percent of its SMAC  on  or
    24  after  April first, two thousand seventeen, in comparison to its SMAC at
    25  any time during the course of the preceding twelve months. The  required
    26  rebate  shall be limited to the amount by which the current SMAC for the
    27  drug exceeds [three hundred percent] the applicable  percentage  of  the
    28  SMAC  for  the  same drug at any time during the course of the preceding
    29  twelve months. Such rebates shall be in addition to any rebates  payable
    30  to  the  department  pursuant to any other provision of federal or state
    31  law. Nothing herein shall affect the department's  obligation  to  reim-
    32  burse  for  covered  outpatient  drugs pursuant to paragraph (d) of this
    33  subdivision.
    34    (5) Beginning in two thousand seventeen, the department shall  provide
    35  an annual report to the legislature no later than February first setting
    36  forth:
    37    (i) The number of drugs that exceeded the ceiling price established in
    38  this  paragraph during the preceding year in comparison to the number of
    39  drugs that experienced at least a three hundred percent  price  increase
    40  during  two  thousand  fourteen  and two thousand fifteen, or at least a
    41  seventy-five percent price increase during two thousand fifteen and  two
    42  thousand sixteen;
    43    (ii)  The average percent amount above the ceiling price of drugs that
    44  exceeded the ceiling price in the preceding year in  comparison  to  the
    45  number  of  drugs  that  experienced  a  price  increase more than three
    46  hundred percent during two thousand fourteen and two  thousand  fifteen,
    47  or  at  least  a seventy-five percent price increase during two thousand
    48  fifteen and two thousand sixteen;
    49    (iii) The number of generic drugs available to enrollees  in  Medicaid
    50  fee  for  service  or  Medicaid  managed care, by fiscal quarter, in the
    51  preceding year in comparison to the drugs available, by fiscal  quarter,
    52  during  two thousand fourteen [and], two thousand fifteen, and two thou-
    53  sand sixteen; and
    54    (iv) The total drug spend on generic drugs for the preceding  year  in
    55  comparison  to the total drug spend on generic drugs during two thousand
    56  fourteen [and], two thousand fifteen, and two thousand sixteen.

        S. 2007--B                         13                         A. 3007--B

     1    § 18.  Severability. If any clause, sentence, paragraph,  or  subdivi-
     2  sion  of this section shall be adjudged by any court of competent juris-
     3  diction to be invalid, such judgment shall not affect, impair, or inval-
     4  idate the remainder thereof, but shall be confined in its  operation  to
     5  the clause, sentence, paragraph, or subdivision directly involved in the
     6  controversy in which such judgment shall have been rendered. It is here-
     7  by  declared to be the intent of the legislature that this section would
     8  have been enacted even if such invalid provisions had not been  included
     9  herein.
    10    §  19.  This  act shall take effect immediately and shall be deemed to
    11  have been in full force and effect on and after April 1, 2017; provided,
    12  however, that sections nine, sixteen, and seventeen of  this  act  shall
    13  take  effect  July  1,  2017;  provided, further, that the amendments to
    14  paragraph (c) of subdivision 6 of section 367-a of the  social  services
    15  law  made  by section sixteen of this act shall not affect the repeal of
    16  such  paragraph  and  shall  be  deemed  repealed  therewith;  provided,
    17  further,  that  the  amendments  to  paragraph  (f)  of subdivision 7 of
    18  section 367-a of the social services law made by  section  seventeen  of
    19  this  act  shall  not  affect  the repeal of such paragraph and shall be
    20  deemed repealed therewith; and provided, further, that the amendments to
    21  subdivision 9 of section 367-a  of  the  social  services  law  made  by
    22  section seven of this act shall not affect the expiration of such subdi-
    23  vision and shall be deemed to expire therewith.
 
    24                                   PART E
 
    25    Section  1.    Section  365-f of the social services law is amended by
    26  adding two new subdivisions 4-a and 4-b to read as follows:
    27    4-a. Fiscal intermediary  services.  (a)  For  the  purposes  of  this
    28  section:
    29    (i)  "Fiscal intermediary" means an entity that provides fiscal inter-
    30  mediary services and has a contract for providing such services with:
    31    (A) a local department of social services;
    32    (B) an organization licensed under article forty-four  of  the  public
    33  health law; or
    34    (C)  an  accountable care organization certified under article twenty-
    35  nine-E of the  public  health  law  or  an  integrated  delivery  system
    36  composed primarily of health care providers recognized by the department
    37  as  a performing provider system under the delivery system reform incen-
    38  tive payment program.
    39    (ii)  Fiscal  intermediary  services  shall  include   the   following
    40  services,  performed  on behalf of the consumer to facilitate his or her
    41  role as the employer:
    42    (A) wage and benefit processing for consumer directed personal assist-
    43  ants;
    44    (B) processing all income tax and other required wage withholdings;
    45    (C) complying with workers' compensation, disability and  unemployment
    46  requirements;
    47    (D)  maintaining personnel records for each consumer directed personal
    48  assistant, including time sheets  and  other  documentation  needed  for
    49  wages  and  benefit  processing  and a copy of the medical documentation
    50  required pursuant to regulations established by the commissioner;
    51    (E) ensuring that the health status of each consumer directed personal
    52  assistant is assessed prior to service delivery pursuant to  regulations
    53  issued by the commissioner;
    54    (F) maintaining records of service authorizations or reauthorizations;

        S. 2007--B                         14                         A. 3007--B
 
     1    (G) monitoring the consumer's or, if applicable, the designated repre-
     2  sentative's  continuing  ability  to fulfill the consumer's responsibil-
     3  ities under the program and promptly notifying the authorizing entity of
     4  any circumstance that may affect the consumer's or, if  applicable,  the
     5  designated representative's ability to fulfill such responsibilities;
     6    (H)  complying with regulations established by the commissioner speci-
     7  fying the responsibilities of fiscal intermediaries  providing  services
     8  under this title; and
     9    (I)  entering  into  a department approved memorandum of understanding
    10  with the consumer that describes  the  parties'  responsibilities  under
    11  this program.
    12    (iii) Fiscal intermediaries are not responsible for, and fiscal inter-
    13  mediary  services shall not include, fulfillment of the responsibilities
    14  of the consumer or, if applicable, the consumer's  designated  represen-
    15  tative  as  established  by  the  commissioner.  A fiscal intermediary's
    16  responsibilities shall not include, and a fiscal intermediary shall  not
    17  engage  in:  managing the plan of care including recruiting and hiring a
    18  sufficient number of individuals who meet  the  definition  of  consumer
    19  directed  personal assistant, as such term is defined by the commission-
    20  er, to provide authorized services that are included on  the  consumer's
    21  plan  of  care;  training,  supervising  and  scheduling  each  consumer
    22  directed personal assistant; terminating the consumer directed  personal
    23  assistant's employment; or assuring that each consumer directed personal
    24  assistant  competently  and  safely performs the personal care services,
    25  home health aide services and skilled nursing tasks that are included on
    26  the consumer's plan  of  care.  A  fiscal  intermediary  shall  exercise
    27  reasonable  care in properly carrying out its responsibilities under the
    28  program.
    29    (b) No entity shall provide,  directly  or  through  contract,  fiscal
    30  intermediary  services without an authorization as a fiscal intermediary
    31  issued by the commissioner in accordance with this subdivision.
    32    (c) An application for authorization as a fiscal intermediary shall be
    33  filed with the commissioner, together with such other forms and informa-
    34  tion as shall be prescribed by, or acceptable to the commissioner.  Such
    35  information shall include, but not be limited to:
    36    (i)  the  name  and  employer  identification  number,  of the entity,
    37  including any subsidiary corporations, if applicable, and any name under
    38  which the entity does business;
    39    (ii) all addresses at which the organization operates;
    40    (iii) the names, titles and contact information of  all  officers  and
    41  directors  in  a  not-for-profit  company  or business, or managers in a
    42  limited liability company, as well as the name and employment history of
    43  the individual ultimately accountable for operation of the fiscal inter-
    44  mediary; and for a not-for-profit entity, the number of  director  posi-
    45  tions set by the company's by-laws, and how many are currently filled;
    46    (iv)  a  history  of  the  organization, along with an overview of the
    47  organization and all services it  offers,  including  any  relationships
    48  with  outside  agencies that may influence in any way the ability of the
    49  organization to provide fiscal intermediary services consistent with the
    50  manner described in its application;
    51    (v) all policies and procedures of the fiscal intermediary,  including
    52  any contracts or other documents used in communications with consumers;
    53    (vi)  plans  to  solicit  and  consider input from the fiscal interme-
    54  diary's consumers,  staff,  personal  assistants  and  other  interested
    55  parties  which  may be charged with roles including, but not limited to,
    56  quality assurance review, referral, program monitoring or development or

        S. 2007--B                         15                         A. 3007--B
 
     1  establishing and responding to community needs; such input may be in the
     2  form of a board of directors, committee,  survey,  or  other  mechanism,
     3  provided  that  the  majority  of input obtained as part of this process
     4  must  be  from individual consumers and consumer advocates of the fiscal
     5  intermediary;
     6    (vii) the organization's plan to address the needs  of  consumers  and
     7  their  personal  assistants in a timely manner, regardless of where they
     8  live, including, but not limited to,  input  from  consumers,  obtaining
     9  physicals and other health information from personal assistants, obtain-
    10  ing time records for payroll, and timely processing of payroll; and
    11    (viii)  a written sworn statement by an officer of the entity disclos-
    12  ing  any  pending  litigation,  unsatisfied  judgments   or   penalties,
    13  convictions for fraud or sanctions imposed by government authorities.
    14    (d)  The entity shall reasonably promptly notify the department of any
    15  change in the information submitted to the department for  authorization
    16  under this subdivision.
    17    (e)  The  commissioner  shall  not approve an application for authori-
    18  zation unless he or she is satisfied as to the character, competence and
    19  standing in the community of the applicant's  incorporators,  directors,
    20  sponsors, stockholders or operators and finds that the personnel, rules,
    21  consumer  contracts  or agreements, and fiscal intermediary services are
    22  fit and adequate, and that the  fiscal  intermediary  services  will  be
    23  provided  in  the  manner required by this subdivision and the rules and
    24  regulations hereunder, in a manner determined by the commissioner.
    25    (f) The commissioner may contract  with  an  entity  with  appropriate
    26  knowledge,  expertise  and  experience possessing extensive knowledge of
    27  consumer directed personal assistance fiscal intermediary  services  and
    28  which has a history of providing similar services in relation to a self-
    29  directed program to develop and to assist the commissioner in evaluating
    30  applicants for authorizations or readiness reviews to be a fiscal inter-
    31  mediary.
    32    (g)  Neither public need, tax status nor profit-making status shall be
    33  a criterion for authorization under  this  subdivision.    Status  as  a
    34  licensed  home  care  services agency or other health provider shall not
    35  positively or negatively affect an application for  authorization  under
    36  this  subdivision.    An  organization  authorized  pursuant  to article
    37  forty-four of the public health law shall not be a fiscal intermediary.
    38    (h) An authorization under this subdivision shall last for a period of
    39  five years. Upon application for  a  renewal,  the  fiscal  intermediary
    40  shall submit up to date information to the commissioner.
    41    4-b. Actions involving the authorization of a fiscal intermediary.
    42    (a)  A  fiscal intermediary's authorization may be revoked, suspended,
    43  limited or annulled upon thirty  day's  written  notice  to  the  fiscal
    44  intermediary, if the commissioner finds that the fiscal intermediary has
    45  failed  to comply with the provisions of this subdivision or regulations
    46  promulgated hereunder. Notwithstanding the foregoing,  upon  determining
    47  that  the  public health or safety would be imminently endangered by the
    48  continued authorization of the fiscal intermediary, the commissioner may
    49  revoke, suspend, limit or annul the fiscal intermediary's  authorization
    50  immediately.
    51    (b)  All  orders  or  determinations  under  this subdivision shall be
    52  subject to review as provided in  article  seventy-eight  of  the  civil
    53  practice law and rules.
    54    §  2.  Subdivision  25  of  section  2808 of the public health law, as
    55  amended by section 34 of part D of chapter 56 of the laws  of  2012,  is
    56  amended to read as follows:

        S. 2007--B                         16                         A. 3007--B
 
     1    25.  Reserved  bed  days.  (a)  For  purposes  of  this subdivision, a
     2  "reserved bed day" is a day for which a governmental agency pays a resi-
     3  dential health care facility to reserve a bed for a person eligible  for
     4  medical  assistance  pursuant  to  title  eleven  of article five of the
     5  social  services law while he or she is [temporarily hospitalized or] on
     6  therapeutic leave of absence from the facility.
     7    (b) Notwithstanding any other provisions of this section or any  other
     8  law  or  regulation  to  the contrary, for reserved bed days provided on
     9  behalf of persons twenty-one years of age or older:
    10    (i) payments for reserved  bed  days  shall  be  made  at  ninety-five
    11  percent  of  the  Medicaid  rate  otherwise  payable to the facility for
    12  services provided on behalf of such person; and
    13    (ii) [payment to a facility for reserved bed days provided  on  behalf
    14  of  such  person  for temporary hospitalizations may not exceed fourteen
    15  days in any twelve month period;
    16    (iii)] payment to a facility for reserved bed days provided on  behalf
    17  of  such  person for [non-hospitalization] therapeutic leaves of absence
    18  may not exceed ten days in any twelve month period.
    19    [(c)(i) Notwithstanding any contrary provision of this subdivision  or
    20  any  other  law  and  subject  to  the availability of federal financial
    21  participation, with regard to services provided  to  residential  health
    22  care  facility  residents twenty-one years of age and older, the commis-
    23  sioner shall promulgate regulations, and may promulgate emergency  regu-
    24  lations,  effective  for  periods  on and after July first, two thousand
    25  twelve, establishing reimbursement rates for reserved bed days.
    26    (ii) Such regulations shall, for each Medicaid patient for any  twelve
    27  month  period,  provide for reimbursement for reserved bed days for: (A)
    28  up to an aggregate of fourteen days for hospitalizations and  for  other
    29  therapeutic  leave of absences consistent with a plan of care ordered by
    30  such patient's treating health care  professional;  and  (B)  up  to  an
    31  aggregate of ten days of other leaves of absence.
    32    (iii)  No  later  than  thirty  days  after promulgation of such regu-
    33  lations, the commissioner shall advise the  chairs  of  the  senate  and
    34  assembly  finance  and  health  committees  of  the projected reductions
    35  expected to be achieved under the methodology set forth  in  such  regu-
    36  lations.
    37    (iv)  In  the  event the commissioner determines, in consultation with
    38  the director of the budget, that the regulations promulgated pursuant to
    39  subparagraph (i) of this paragraph  shall  achieve  projected  aggregate
    40  Medicaid  savings, as determined by the commissioner, of less than forty
    41  million dollars for the state fiscal year  beginning  April  first,  two
    42  thousand twelve, and each state fiscal year thereafter, the commissioner
    43  shall  establish  a prospective per diem rate adjustment for all nursing
    44  homes, other than nursing homes providing services primarily to children
    45  under the age of twenty-one, sufficient to achieve  such  forty  million
    46  dollars in savings for each such state fiscal year.]
    47    § 3. Intentionally omitted.
    48    §  4.  Subdivision  2-c  of  section  2808 of the public health law is
    49  amended by adding a new paragraph (f) to read as follows:
    50    (f) The commissioner shall establish a prospective per diem adjustment
    51  for all nursing homes,  other  than  nursing  homes  providing  services
    52  primarily  to  children  under  the  age  of twenty-one, beginning April
    53  first, two thousand seventeen and each  year  thereafter  sufficient  to
    54  achieve eighteen million dollars in savings in each state fiscal year.
    55    § 5. Intentionally omitted.
    56    § 6. Intentionally omitted.

        S. 2007--B                         17                         A. 3007--B
 
     1    §  7.  This  act  shall take effect immediately and shall be deemed to
     2  have been in full force and effect on and after April 1, 2017.
 
     3                                   PART F
 
     4                            Intentionally Omitted
 
     5                                   PART G
 
     6    Section 1.  Subdivision 1 of section 92 of part H of chapter 59 of the
     7  laws  of 2011, amending the public health law and other laws relating to
     8  known and projected department of health state  fund  medicaid  expendi-
     9  tures,  as  separately amended by section 1 of part JJ of chapter 54 and
    10  section 18 of part B of chapter 59 of the laws of 2016,  is  amended  to
    11  read as follows:
    12    1.  For  state  fiscal  years  2011-12  through [2017-18] 2018-19, the
    13  director of the budget, in consultation with the commissioner of  health
    14  referenced  as "commissioner" for purposes of this section, shall assess
    15  on a monthly basis, as reflected in monthly reports pursuant to subdivi-
    16  sion five of this section known and projected department of health state
    17  funds medicaid expenditures by category of  service  and  by  geographic
    18  regions,  as  defined  by  the  commissioner, and if the director of the
    19  budget determines that such expenditures are expected to cause  medicaid
    20  disbursements  for  such  period  to  exceed the projected department of
    21  health medicaid state funds disbursements in the enacted  budget  finan-
    22  cial  plan  pursuant to subdivision 3 of section 23 of the state finance
    23  law, the commissioner of health, in consultation with  the  director  of
    24  the  budget,  shall  develop a medicaid savings allocation plan to limit
    25  such spending to the aggregate limit  level  specified  in  the  enacted
    26  budget  financial  plan,  provided,  however,  such  projections  may be
    27  adjusted by the director of the budget to account for any changes in the
    28  New York state federal medical assistance percentage amount  established
    29  pursuant  to the federal social security act, changes in provider reven-
    30  ues, reductions to local social  services  district  medical  assistance
    31  administration,  minimum wage increases, and beginning April 1, 2012 the
    32  operational costs of the New York state medical indemnity fund and state
    33  costs or savings from the basic health plan.   Such projections  may  be
    34  adjusted by the director of the budget to account for increased or expe-
    35  dited department of health state funds medicaid expenditures as a result
    36  of  a natural or other type of disaster, including a governmental decla-
    37  ration of emergency.
    38    § 2. Intentionally omitted.
    39    § 3. Intentionally omitted.
    40    § 4. This act shall take effect immediately and  shall  be  deemed  to
    41  have been in full force and effect on and after April 1, 2017.
 
    42                                   PART H
 
    43    Section  1. Subdivision 5 of section 168 of chapter 639 of the laws of
    44  1996, constituting the New York Health  Care  Reform  Act  of  1996,  as
    45  amended  by  section  1  of part B of chapter 60 of the laws of 2014, is
    46  amended to read as follows:
    47    5. sections 2807-c, 2807-j, 2807-s and 2807-t  of  the  public  health
    48  law,  as  amended  or as added by this act, shall expire on December 31,
    49  [2017] 2020, and shall be thereafter effective only in  respect  to  any
    50  act  done  on or before such date or action or proceeding arising out of

        S. 2007--B                         18                         A. 3007--B
 
     1  such act including continued collections of funds from  assessments  and
     2  allowances  and  surcharges  established  pursuant  to  sections 2807-c,
     3  2807-j, 2807-s and 2807-t of the public health law,  and  administration
     4  and  distributions  of funds from pools established pursuant to sections
     5  2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
     6  health  law  related  to  patient  services provided before December 31,
     7  [2017] 2020, and continued expenditure of funds authorized for  programs
     8  and grants until the exhaustion of funds therefor;
     9    §  2.  Subdivision  1 of section 138 of chapter 1 of the laws of 1999,
    10  constituting the New York Health Care Reform Act of 2000, as amended  by
    11  section  2  of  part  B of chapter 60 of the laws of 2014, is amended to
    12  read as follows:
    13    1. sections 2807-c, 2807-j, 2807-s, and 2807-t of  the  public  health
    14  law,  as  amended by this act, shall expire on December 31, [2017] 2020,
    15  and shall be thereafter effective only in respect to any act done before
    16  such date or action or proceeding arising  out  of  such  act  including
    17  continued  collections  of  funds  from  assessments  and allowances and
    18  surcharges established pursuant to sections 2807-c, 2807-j,  2807-s  and
    19  2807-t of the public health law, and administration and distributions of
    20  funds  from  pools  established  pursuant  to  sections  2807-c, 2807-j,
    21  2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the  public
    22  health law, as amended or added by this act, related to patient services
    23  provided  before  December 31, [2017] 2020, and continued expenditure of
    24  funds authorized for programs and grants until the exhaustion  of  funds
    25  therefor;
    26    §  3.  Subparagraph  (xv) of paragraph (a) of subdivision 6 of section
    27  2807-s of the public health law, as amended by section 3 of  part  B  of
    28  chapter 60 of the laws of 2014, is amended to read as follows:
    29    (xv) A gross annual statewide amount for the period January first, two
    30  thousand fifteen through December thirty-first, two thousand [seventeen]
    31  twenty, shall be one billion forty-five million dollars.
    32    §  4. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
    33  2807-s of the public health law, as amended by section 4 of  part  B  of
    34  chapter 60 of the laws of 2014, is amended to read as follows:
    35    (xiii)  twenty-three million eight hundred thirty-six thousand dollars
    36  each state fiscal year for the period April first, two  thousand  twelve
    37  through March thirty-first, two thousand [seventeen] twenty;
    38    §  5.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
    39  section 2807-j of the public health law, as amended by section 5 of part
    40  B of chapter 60 of the laws of 2014, are amended to read as follows:
    41    (iv) seven hundred sixty-five million dollars annually  of  the  funds
    42  accumulated for the periods January first, two thousand through December
    43  thirty-first, two thousand [sixteen] nineteen, and
    44    (v)  one hundred ninety-one million two hundred fifty thousand dollars
    45  of the funds accumulated for the  period  January  first,  two  thousand
    46  [seventeen]  twenty through March thirty-first, two thousand [seventeen]
    47  twenty.
    48    § 6. Subdivisions 5-a and 7 of section 2807-m  of  the  public  health
    49  law,  as  amended  by  section  9 of part B of chapter 60 of the laws of
    50  2014, subparagraphs (iv), (v) and (vi) of paragraph (d)  of  subdivision
    51  5-a  as  added by section 4 of part W of chapter 57 of the laws of 2015,
    52  are amended to read as follows:
    53    5-a. Graduate medical education  innovations  pool.  (a)  Supplemental
    54  distributions.  (i)  Thirty-one  million  dollars for the period January
    55  first, two thousand eight through December  thirty-first,  two  thousand
    56  eight,  shall  be  set  aside  and reserved by the commissioner from the

        S. 2007--B                         19                         A. 3007--B

     1  regional pools established pursuant to subdivision two of  this  section
     2  and shall be available for distributions pursuant to subdivision five of
     3  this  section  and in accordance with section 86-1.89 of title 10 of the
     4  codes,  rules  and  regulations of the state of New York as in effect on
     5  January first, two thousand eight; provided, however,  for  purposes  of
     6  funding  the  empire  clinical research investigation program (ECRIP) in
     7  accordance with paragraph eight of subdivision (e) and paragraph two  of
     8  subdivision  (f)  of section 86-1.89 of title 10 of the codes, rules and
     9  regulations of the state of New York, distributions shall be made  using
    10  two  regions  defined as New York city and the rest of the state and the
    11  dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
    12  sion (f) of section 86-1.89 of title 10 of the codes,  rules  and  regu-
    13  lations  of the state of New York shall be increased from sixty thousand
    14  dollars to seventy-five thousand dollars.
    15    (ii) For periods on  and  after  January  first,  two  thousand  nine,
    16  supplemental  distributions pursuant to subdivision five of this section
    17  and in accordance with section 86-1.89 of title 10 of the  codes,  rules
    18  and regulations of the state of New York shall no longer be made and the
    19  provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
    20  lations of the state of New York shall be null and void.
    21    (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
    22  million  one  hundred  twenty  thousand  dollars annually for the period
    23  January first, two thousand  nine  through  December  thirty-first,  two
    24  thousand  ten,  and  two million two hundred eighty thousand dollars for
    25  the period January first, two thousand  eleven,  through  March  thirty-
    26  first,  two  thousand  eleven,  nine million one hundred twenty thousand
    27  dollars each state fiscal year for the period April first, two  thousand
    28  eleven  through  March  thirty-first, two thousand fourteen, [and] up to
    29  eight million six hundred twelve thousand dollars each state fiscal year
    30  for the period April first, two thousand fourteen through March  thirty-
    31  first,  two  thousand  seventeen,  and  up  to eight million six hundred
    32  twelve thousand dollars each state fiscal  year  for  the  period  April
    33  first,  two  thousand seventeen through March thirty-first, two thousand
    34  twenty, shall be set aside and reserved by  the  commissioner  from  the
    35  regional  pools  established pursuant to subdivision two of this section
    36  to be allocated regionally with  two-thirds  of  the  available  funding
    37  going  to  New York city and one-third of the available funding going to
    38  the rest of the  state  and  shall  be  available  for  distribution  as
    39  follows:
    40    Distributions  shall  first  be made to consortia and teaching general
    41  hospitals for the empire clinical research investigator program  (ECRIP)
    42  to  help  secure federal funding for biomedical research, train clinical
    43  researchers, recruit national leaders as faculty to act as mentors,  and
    44  train  residents  and  fellows  in  biomedical  research skills based on
    45  hospital-specific data submitted to the commissioner  by  consortia  and
    46  teaching general hospitals in accordance with clause (G) of this subpar-
    47  agraph.  Such distributions shall be made in accordance with the follow-
    48  ing methodology:
    49    (A) The greatest number of clinical research  positions  for  which  a
    50  consortium  or  teaching general hospital may be funded pursuant to this
    51  subparagraph shall be one percent  of  the  total  number  of  residents
    52  training  at  the consortium or teaching general hospital on July first,
    53  two thousand eight for the  period  January  first,  two  thousand  nine
    54  through December thirty-first, two thousand nine rounded up to the near-
    55  est one position.

        S. 2007--B                         20                         A. 3007--B
 
     1    (B)  Distributions  made  to a consortium or teaching general hospital
     2  shall equal the product of the total number of clinical  research  posi-
     3  tions  submitted  by  a  consortium  or  teaching  general  hospital and
     4  accepted by the commissioner as meeting the criteria set forth in  para-
     5  graph  (b)  of subdivision one of this section, subject to the reduction
     6  calculation set forth in clause (C)  of  this  subparagraph,  times  one
     7  hundred ten thousand dollars.
     8    (C)  If  the  dollar  amount for the total number of clinical research
     9  positions in the region  calculated  pursuant  to  clause  (B)  of  this
    10  subparagraph  exceeds the total amount appropriated for purposes of this
    11  paragraph, including clinical research positions that continue from  and
    12  were funded in prior distribution periods, the commissioner shall elimi-
    13  nate  one-half  of  the  clinical  research  positions submitted by each
    14  consortium or teaching general hospital rounded down to the nearest  one
    15  position.  Such  reduction shall be repeated until the dollar amount for
    16  the total number of clinical research positions in the region  does  not
    17  exceed  the total amount appropriated for purposes of this paragraph. If
    18  the repeated reduction of the total number of  clinical  research  posi-
    19  tions  in  the region by one-half does not render a total funding amount
    20  that is equal to or less than the total amount reserved for that  region
    21  within  the  appropriation, the funding for each clinical research posi-
    22  tion in that region shall be  reduced  proportionally  in  one  thousand
    23  dollar  increments until the total dollar amount for the total number of
    24  clinical research positions in that region does  not  exceed  the  total
    25  amount  reserved for that region within the appropriation. Any reduction
    26  in funding will be effective for the duration of the award. No  clinical
    27  research  positions that continue from and were funded in prior distrib-
    28  ution periods shall be eliminated or reduced by such methodology.
    29    (D) Each consortium or teaching general  hospital  shall  receive  its
    30  annual distribution amount in accordance with the following:
    31    (I) Each consortium or teaching general hospital with a one-year ECRIP
    32  award  shall  receive  its  annual  distribution  amount  in  full  upon
    33  completion of the requirements set forth in items (I) and (II) of clause
    34  (G) of this subparagraph. The requirements set forth in items  (IV)  and
    35  (V)  of clause (G) of this subparagraph must be completed by the consor-
    36  tium or teaching general hospital in order for the consortium or  teach-
    37  ing  general  hospital  to be eligible to apply for ECRIP funding in any
    38  subsequent funding cycle.
    39    (II) Each consortium or teaching  general  hospital  with  a  two-year
    40  ECRIP  award  shall receive its first annual distribution amount in full
    41  upon completion of the requirements set forth in items (I) and  (II)  of
    42  clause  (G)  of  this  subparagraph. Each consortium or teaching general
    43  hospital will receive its second annual distribution amount in full upon
    44  completion of the requirements set forth in item (III) of clause (G)  of
    45  this  subparagraph.  The requirements set forth in items (IV) and (V) of
    46  clause (G) of this subparagraph must be completed by the  consortium  or
    47  teaching general hospital in order for the consortium or teaching gener-
    48  al  hospital to be eligible to apply for ECRIP funding in any subsequent
    49  funding cycle.
    50    (E) Each consortium or teaching general  hospital  receiving  distrib-
    51  utions pursuant to this subparagraph shall reserve seventy-five thousand
    52  dollars  to  primarily  fund  salary and fringe benefits of the clinical
    53  research position with the remainder going to fund  the  development  of
    54  faculty  who  are involved in biomedical research, training and clinical
    55  care.

        S. 2007--B                         21                         A. 3007--B
 
     1    (F)  Undistributed  or  returned  funds  available  to  fund  clinical
     2  research  positions pursuant to this paragraph for a distribution period
     3  shall be available to fund clinical research positions in  a  subsequent
     4  distribution period.
     5    (G) In order to be eligible for distributions pursuant to this subpar-
     6  agraph,  each  consortium and teaching general hospital shall provide to
     7  the commissioner by July first of each distribution period, the  follow-
     8  ing  data  and  information  on a hospital-specific basis. Such data and
     9  information shall be certified as to accuracy and  completeness  by  the
    10  chief executive officer, chief financial officer or chair of the consor-
    11  tium  governing body of each consortium or teaching general hospital and
    12  shall be maintained by each consortium and teaching general hospital for
    13  five years from the date of submission:
    14    (I) For each clinical research  position,  information  on  the  type,
    15  scope,  training  objectives,  institutional  support, clinical research
    16  experience of the sponsor-mentor, plans for submitting research outcomes
    17  to peer reviewed journals and at scientific meetings, including a  meet-
    18  ing  sponsored by the department, the name of a principal contact person
    19  responsible for tracking the career development of researchers placed in
    20  clinical research positions, as defined in paragraph (c) of  subdivision
    21  one of this section, and who is authorized to certify to the commission-
    22  er  that  all  the requirements of the clinical research training objec-
    23  tives set forth in this subparagraph shall be  met.  Such  certification
    24  shall be provided by July first of each distribution period;
    25    (II)  For  each  clinical  research position, information on the name,
    26  citizenship status, medical education and training, and medical  license
    27  number  of  the researcher, if applicable, shall be provided by December
    28  thirty-first of the calendar year following the distribution period;
    29    (III) Information on the status of the clinical research plan,  accom-
    30  plishments, changes in research activities, progress, and performance of
    31  the  researcher  shall  be  provided  upon completion of one-half of the
    32  award term;
    33    (IV) A final report detailing training  experiences,  accomplishments,
    34  activities  and  performance of the clinical researcher, and data, meth-
    35  ods, results and  analyses  of  the  clinical  research  plan  shall  be
    36  provided three months after the clinical research position ends; and
    37    (V)  Tracking  information  concerning past researchers, including but
    38  not limited to (A) background information, (B) employment  history,  (C)
    39  research  status,  (D) current research activities, (E) publications and
    40  presentations, (F) research  support,  and  (G)  any  other  information
    41  necessary to track the researcher; and
    42    (VI)  Any  other  data  or information required by the commissioner to
    43  implement this subparagraph.
    44    (H) Notwithstanding any inconsistent provision  of  this  subdivision,
    45  for periods on and after April first, two thousand thirteen, ECRIP grant
    46  awards shall be made in accordance with rules and regulations promulgat-
    47  ed by the commissioner. Such regulations shall, at a minimum:
    48    (1)  provide  that ECRIP grant awards shall be made with the objective
    49  of securing federal funding for biomedical research,  training  clinical
    50  researchers,  recruiting  national leaders as faculty to act as mentors,
    51  and training residents and fellows in biomedical research skills;
    52    (2) provide that ECRIP grant applicants may include  interdisciplinary
    53  research teams comprised of teaching general hospitals acting in collab-
    54  oration  with  entities  including  but  not limited to medical centers,
    55  hospitals, universities and local health departments;

        S. 2007--B                         22                         A. 3007--B
 
     1    (3) provide that applications for ECRIP grant awards shall be based on
     2  such information requested by the commissioner, which shall include  but
     3  not be limited to hospital-specific data;
     4    (4)  establish  the  qualifications  for investigators and other staff
     5  required for grant projects eligible for ECRIP grant awards; and
     6    (5) establish a methodology for the distribution of funds under  ECRIP
     7  grant awards.
     8    (c)  Ambulatory  care  training.  Four  million  nine hundred thousand
     9  dollars for the period January first, two thousand eight through  Decem-
    10  ber thirty-first, two thousand eight, four million nine hundred thousand
    11  dollars for the period January first, two thousand nine through December
    12  thirty-first,  two  thousand  nine,  four  million nine hundred thousand
    13  dollars for the period January first, two thousand ten through  December
    14  thirty-first,  two  thousand  ten,  one  million two hundred twenty-five
    15  thousand dollars for the  period  January  first,  two  thousand  eleven
    16  through  March  thirty-first,  two  thousand  eleven, four million three
    17  hundred thousand dollars each state fiscal year  for  the  period  April
    18  first,  two  thousand  eleven  through  March thirty-first, two thousand
    19  fourteen, [and] up to four million sixty  thousand  dollars  each  state
    20  fiscal  year  for  the period April first, two thousand fourteen through
    21  March thirty-first, two thousand seventeen, and up to four million sixty
    22  thousand dollars each fiscal year for the period April first, two  thou-
    23  sand seventeen through March thirty-first, two thousand twenty, shall be
    24  set  aside  and  reserved  by  the  commissioner from the regional pools
    25  established pursuant to subdivision two of this  section  and  shall  be
    26  available for distributions to sponsoring institutions to be directed to
    27  support  clinical  training  of  medical students and residents in free-
    28  standing ambulatory care settings, including  community  health  centers
    29  and  private  practices. Such funding shall be allocated regionally with
    30  two-thirds of the available funding going to New York city and one-third
    31  of the available funding going to the rest of the  state  and  shall  be
    32  distributed  to  sponsoring  institutions  in  each region pursuant to a
    33  request for application or request for proposal process with  preference
    34  being  given  to sponsoring institutions which provide training in sites
    35  located in underserved rural or inner-city areas and those that  include
    36  medical students in such training.
    37    (d)  Physician  loan repayment program. One million nine hundred sixty
    38  thousand dollars for  the  period  January  first,  two  thousand  eight
    39  through  December  thirty-first,  two  thousand  eight, one million nine
    40  hundred sixty thousand dollars for the period January first,  two  thou-
    41  sand  nine through December thirty-first, two thousand nine, one million
    42  nine hundred sixty thousand dollars for the period  January  first,  two
    43  thousand  ten  through  December  thirty-first,  two  thousand ten, four
    44  hundred ninety thousand dollars for the period January first, two  thou-
    45  sand eleven through March thirty-first, two thousand eleven, one million
    46  seven  hundred  thousand  dollars  each state fiscal year for the period
    47  April first, two thousand eleven through March thirty-first,  two  thou-
    48  sand  fourteen,  [and]  up  to  one  million seven hundred five thousand
    49  dollars each state fiscal year for the period April first, two  thousand
    50  fourteen  through  March thirty-first, two thousand seventeen, and up to
    51  one million seven hundred five thousand dollars each state  fiscal  year
    52  for  the  period April first, two thousand seventeen through March thir-
    53  ty-first, two thousand twenty, shall be set aside and  reserved  by  the
    54  commissioner from the regional pools established pursuant to subdivision
    55  two  of  this  section  and shall be available for purposes of physician
    56  loan repayment in accordance  with  subdivision  ten  of  this  section.

        S. 2007--B                         23                         A. 3007--B
 
     1  Notwithstanding  any  contrary  provision  of this section, sections one
     2  hundred twelve and one hundred sixty-three of the state finance law,  or
     3  any  other  contrary  provision  of law, such funding shall be allocated
     4  regionally  with one-third of available funds going to New York city and
     5  two-thirds of available funds going to the rest of the state  and  shall
     6  be  distributed in a manner to be determined by the commissioner without
     7  a competitive bid or request for proposal process as follows:
     8    (i) Funding shall first be awarded to repay loans of up to twenty-five
     9  physicians who train in primary care or  specialty  tracks  in  teaching
    10  general hospitals, and who enter and remain in primary care or specialty
    11  practices in underserved communities, as determined by the commissioner.
    12    (ii)  After  distributions in accordance with subparagraph (i) of this
    13  paragraph, all remaining funds shall be awarded to repay loans of physi-
    14  cians who enter and remain in primary care  or  specialty  practices  in
    15  underserved  communities,  as  determined by the commissioner, including
    16  but not limited to physicians working in  general  hospitals,  or  other
    17  health care facilities.
    18    (iii)  In no case shall less than fifty percent of the funds available
    19  pursuant to this paragraph be distributed in  accordance  with  subpara-
    20  graphs (i) and (ii) of this paragraph to physicians identified by gener-
    21  al hospitals.
    22    (iv)  In addition to the funds allocated under this paragraph, for the
    23  period April first, two thousand fifteen through March thirty-first, two
    24  thousand sixteen,  two  million  dollars  shall  be  available  for  the
    25  purposes described in subdivision ten of this section;
    26    (v)  In  addition to the funds allocated under this paragraph, for the
    27  period April first, two thousand sixteen through March thirty-first, two
    28  thousand seventeen, two million  dollars  shall  be  available  for  the
    29  purposes described in subdivision ten of this section;
    30    (vi) Notwithstanding any provision of law to the contrary, and subject
    31  to the extension of the Health Care Reform Act of 1996, sufficient funds
    32  shall be available for the purposes described in subdivision ten of this
    33  section  in amounts necessary to fund the remaining year commitments for
    34  awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
    35    (e) Physician practice support. Four  million  nine  hundred  thousand
    36  dollars  for the period January first, two thousand eight through Decem-
    37  ber thirty-first, two thousand eight, four million nine hundred thousand
    38  dollars annually for the period January first, two thousand nine through
    39  December thirty-first, two thousand ten, one million two  hundred  twen-
    40  ty-five  thousand  dollars  for  the  period January first, two thousand
    41  eleven through March thirty-first, two  thousand  eleven,  four  million
    42  three  hundred  thousand  dollars  each state fiscal year for the period
    43  April first, two thousand eleven through March thirty-first,  two  thou-
    44  sand  fourteen,  [and]  up  to four million three hundred sixty thousand
    45  dollars each state fiscal year for the period April first, two  thousand
    46  fourteen  through  March thirty-first, two thousand seventeen, and up to
    47  four million three hundred sixty thousand dollars for each state  fiscal
    48  year  for  the  period April first, two thousand seventeen through March
    49  thirty-first, two thousand twenty, shall be set aside  and  reserved  by
    50  the  commissioner from the regional pools established pursuant to subdi-
    51  vision two of this section and shall be available for purposes of physi-
    52  cian practice support. Notwithstanding any contrary  provision  of  this
    53  section,  sections one hundred twelve and one hundred sixty-three of the
    54  state finance law, or any other contrary provision of law, such  funding
    55  shall be allocated regionally with one-third of available funds going to
    56  New York city and two-thirds of available funds going to the rest of the

        S. 2007--B                         24                         A. 3007--B
 
     1  state  and  shall  be  distributed  in  a manner to be determined by the
     2  commissioner without a competitive bid or request for  proposal  process
     3  as follows:
     4    (i)  Preference in funding shall first be accorded to teaching general
     5  hospitals for up to twenty-five awards, to  support  costs  incurred  by
     6  physicians  trained in primary or specialty tracks who thereafter estab-
     7  lish or join practices in underserved communities, as determined by  the
     8  commissioner.
     9    (ii)  After  distributions in accordance with subparagraph (i) of this
    10  paragraph, all remaining funds shall be awarded to physicians to support
    11  the cost of establishing or joining practices  in  underserved  communi-
    12  ties,  as  determined  by  the  commissioner, and to hospitals and other
    13  health care providers to recruit new physicians to provide  services  in
    14  underserved communities, as determined by the commissioner.
    15    (iii)  In no case shall less than fifty percent of the funds available
    16  pursuant to this  paragraph  be  distributed  to  general  hospitals  in
    17  accordance with subparagraphs (i) and (ii) of this paragraph.
    18    (e-1) Work group. For funding available pursuant to paragraphs (d) and
    19  (e) of this subdivision:
    20    (i)  The  department  shall  appoint a work group from recommendations
    21  made by associations  representing  physicians,  general  hospitals  and
    22  other  health care facilities to develop a streamlined application proc-
    23  ess by June first, two thousand twelve.
    24    (ii) Subject to available funding, applications shall be accepted on a
    25  continuous basis. The department shall provide technical  assistance  to
    26  applicants  to facilitate their completion of applications. An applicant
    27  shall be notified in writing  by  the  department  within  ten  days  of
    28  receipt  of an application as to whether the application is complete and
    29  if the application is incomplete, what information is  outstanding.  The
    30  department  shall act on an application within thirty days of receipt of
    31  a complete application.
    32    (f) Study on physician workforce. Five hundred ninety thousand dollars
    33  annually for the period January first, two thousand eight through Decem-
    34  ber thirty-first, two thousand ten,  one  hundred  forty-eight  thousand
    35  dollars  for the period January first, two thousand eleven through March
    36  thirty-first, two thousand eleven, five hundred sixteen thousand dollars
    37  each state fiscal year for the period April first, two  thousand  eleven
    38  through  March  thirty-first,  two  thousand  fourteen, [and] up to four
    39  hundred eighty-seven thousand dollars each state  fiscal  year  for  the
    40  period  April  first,  two thousand fourteen through March thirty-first,
    41  two thousand seventeen, and up to  four  hundred  eighty-seven  thousand
    42  dollars for each state fiscal year for the period April first, two thou-
    43  sand seventeen through March thirty-first, two thousand twenty, shall be
    44  set  aside  and  reserved  by  the  commissioner from the regional pools
    45  established pursuant to subdivision two of this  section  and  shall  be
    46  available  to  fund  a  study of physician workforce needs and solutions
    47  including, but not limited to, an analysis  of  residency  programs  and
    48  projected  physician  workforce  and  community  needs. The commissioner
    49  shall enter into agreements with one or more  organizations  to  conduct
    50  such study based on a request for proposal process.
    51    (g)  Diversity in medicine/post-baccalaureate program. Notwithstanding
    52  any inconsistent provision of section one hundred twelve or one  hundred
    53  sixty-three  of the state finance law or any other law, one million nine
    54  hundred sixty thousand dollars annually for the  period  January  first,
    55  two thousand eight through December thirty-first, two thousand ten, four
    56  hundred  ninety thousand dollars for the period January first, two thou-

        S. 2007--B                         25                         A. 3007--B
 
     1  sand eleven through March thirty-first, two thousand eleven, one million
     2  seven hundred thousand dollars each state fiscal  year  for  the  period
     3  April  first,  two thousand eleven through March thirty-first, two thou-
     4  sand fourteen, [and] up to one million six hundred five thousand dollars
     5  each state fiscal year for the period April first, two thousand fourteen
     6  through  March  thirty-first,  two  thousand  seventeen,  and  up to one
     7  million six hundred five thousand dollars each state fiscal year for the
     8  period April first, two thousand seventeen through  March  thirty-first,
     9  two thousand twenty, shall be set aside and reserved by the commissioner
    10  from  the regional pools established pursuant to subdivision two of this
    11  section and shall be  available  for  distributions  to  the  Associated
    12  Medical  Schools  of  New  York  to fund its diversity program including
    13  existing and new post-baccalaureate programs for  minority  and  econom-
    14  ically  disadvantaged  students  and  encourage  participation  from all
    15  medical schools in New York. The associated medical schools of New  York
    16  shall report to the commissioner on an annual basis regarding the use of
    17  funds  for  such  purpose  in  such  form and manner as specified by the
    18  commissioner.
    19    (h) In the event there are undistributed  funds  within  amounts  made
    20  available for distributions pursuant to this subdivision, such funds may
    21  be  reallocated  and  distributed  in current or subsequent distribution
    22  periods in a manner determined by the commissioner for any  purpose  set
    23  forth in this subdivision.
    24    7.  Notwithstanding  any inconsistent provision of section one hundred
    25  twelve or one hundred sixty-three of the state finance law or any  other
    26  law,  up  to one million dollars for the period January first, two thou-
    27  sand through  December  thirty-first,  two  thousand,  one  million  six
    28  hundred  thousand  dollars  annually  for the periods January first, two
    29  thousand one through December  thirty-first,  two  thousand  eight,  one
    30  million  five  hundred thousand dollars annually for the periods January
    31  first, two thousand nine through  December  thirty-first,  two  thousand
    32  ten,  three hundred seventy-five thousand dollars for the period January
    33  first, two thousand eleven  through  March  thirty-first,  two  thousand
    34  eleven,  one  million  three  hundred twenty thousand dollars each state
    35  fiscal year for the period April  first,  two  thousand  eleven  through
    36  March  thirty-first,  two  thousand  fourteen,  [and]  up to two million
    37  seventy-seven thousand dollars each state fiscal  year  for  the  period
    38  April first, two thousand fourteen through March thirty-first, two thou-
    39  sand seventeen, and up to two million seventy-seven thousand dollars for
    40  each  state  fiscal year for the period April first, two thousand seven-
    41  teen through March thirty-first, two thousand twenty, shall be set aside
    42  and reserved by the commissioner from  the  regional  pools  established
    43  pursuant  to  subdivision two of this section and shall be available for
    44  distributions to the New York state area health education center program
    45  for  the  purpose  of  expanding  community-based  training  of  medical
    46  students. In addition, one million dollars annually for the period Janu-
    47  ary  first,  two thousand eight through December thirty-first, two thou-
    48  sand ten, two hundred fifty thousand  dollars  for  the  period  January
    49  first,  two  thousand  eleven  through  March thirty-first, two thousand
    50  eleven, and eight hundred eighty thousand dollars each state fiscal year
    51  for the period April first, two thousand eleven  through  March  thirty-
    52  first,  two  thousand  fourteen,  shall be set aside and reserved by the
    53  commissioner from the regional pools established pursuant to subdivision
    54  two of this section and shall be available for distributions to the  New
    55  York state area health education center program for the purpose of post-
    56  secondary training of health care professionals who will achieve specif-

        S. 2007--B                         26                         A. 3007--B
 
     1  ic  program  outcomes  within  the  New York state area health education
     2  center program.  The New York state area health education center program
     3  shall report to the commissioner on an annual basis regarding the use of
     4  funds  for  each  purpose  in  such  form and manner as specified by the
     5  commissioner.
     6    § 7. Paragraph (a) of subdivision 12 of section 367-b  of  the  social
     7  services  law,  as  amended by section 10 of part B of chapter 60 of the
     8  laws of 2014, is amended to read as follows:
     9    (a) For the purpose of regulating cash flow for general hospitals, the
    10  department shall develop and implement a payment methodology to  provide
    11  for  timely  payments  for inpatient hospital services eligible for case
    12  based payments per discharge based on diagnosis-related groups  provided
    13  during  the  period January first, nineteen hundred eighty-eight through
    14  March thirty-first two thousand [seventeen] twenty,  by  such  hospitals
    15  which elect to participate in the system.
    16    §  8.  Subdivision  6  of  section 2807-t of the public health law, as
    17  amended by section 15 of part B of chapter 60 of the laws  of  2014,  is
    18  amended to read as follows:
    19    6. Prospective adjustments. (a) The commissioner shall annually recon-
    20  cile  the  sum  of  the  actual payments made to the commissioner or the
    21  commissioner's designee for each region pursuant to section twenty-eight
    22  hundred seven-s of this article and pursuant to  this  section  for  the
    23  prior  year  with  the regional allocation of the gross annual statewide
    24  amount specified in subdivision  six  of  section  twenty-eight  hundred
    25  seven-s  of this article for such prior year. The difference between the
    26  actual amount raised for a region and the  regional  allocation  of  the
    27  specified  gross annual amount for such prior year shall be applied as a
    28  prospective adjustment to the regional allocation of the specified gross
    29  annual payment amount for such region for the year  next  following  the
    30  calculation  of  the  reconciliation. The authorized dollar value of the
    31  adjustments shall be the same as if calculated retrospectively.
    32    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    33  sion,  for  covered  lives  assessment rate periods on and after January
    34  first, two thousand fifteen through December thirty-first, two  thousand
    35  [seventeen]  twenty, for amounts collected in the aggregate in excess of
    36  one billion forty-five million dollars on an annual  basis,  prospective
    37  adjustments  shall be suspended if the annual reconciliation calculation
    38  from the prior year would otherwise result in a decrease to the regional
    39  allocation of the specified gross annual payment amount for that region,
    40  provided, however, that such suspension shall be lifted upon a  determi-
    41  nation  by  the  commissioner,  in consultation with the director of the
    42  budget, that sixty-five million dollars in aggregate collections  on  an
    43  annual basis over and above one billion forty-five million dollars on an
    44  annual  basis  have  been reserved and set aside for deposit in the HCRA
    45  resources fund. Any amounts collected in the aggregate at or  below  one
    46  billion  forty-five million dollars on an annual basis, shall be subject
    47  to regional adjustments reconciling any decreases or  increases  to  the
    48  regional  allocation  in  accordance with paragraph (a) of this subdivi-
    49  sion.
    50    § 9. Section 2 of chapter 600 of the laws of 1986 amending the  public
    51  health  law  relating to the development of pilot reimbursement programs
    52  for ambulatory care services, as amended by section  11  of  part  B  of
    53  chapter 60 of the laws of 2014, is amended to read as follows:
    54    §  2.  This  act  shall  take effect immediately, except that this act
    55  shall expire and be of no further force and effect on and after April 1,
    56  [2017; provided, however, that the commissioner of health shall submit a

        S. 2007--B                         27                         A. 3007--B

     1  report to the governor and  the  legislature  detailing  the  objective,
     2  impact, design and computation of any pilot reimbursement program estab-
     3  lished  pursuant  to  this act, on or before March 31, 1994 and annually
     4  thereafter.  Such  report  shall  include an assessment of the financial
     5  impact of such payment system on providers, as well  as  the  impact  of
     6  such system on access to care] 2020.
     7    §  10. Paragraph (i) of subdivision (b) of section 1 of chapter 520 of
     8  the laws of 1978 relating to providing for  a  comprehensive  survey  of
     9  health  care  financing,  education  and illness prevention and creating
    10  councils for the conduct thereof, as amended by section 12 of part B  of
    11  chapter 60 of the laws of 2014, is amended to read as follows:
    12    (i)  oversight  and  evaluation  of  the inpatient financing system in
    13  place for 1988 through March 31, [2017] 2020,  and  the  appropriateness
    14  and effectiveness of the bad debt and charity care financing provisions;
    15    §  11.  Paragraph  (l)  of subdivision 9 of section 3614 of the public
    16  health law, as added by section 13 of part B of chapter 60 of  the  laws
    17  of  2014, is amended and three new paragraphs (m), (n) and (o) are added
    18  to read as follows:
    19    (l) for the period April first, two  thousand  sixteen  through  March
    20  thirty-first,   two  thousand  seventeen,  up  to  one  hundred  million
    21  dollars[.];
    22    (m) for the period April first, two thousand seventeen  through  March
    23  thirty-first, two thousand eighteen, up to one hundred million dollars;
    24    (n)  for  the  period April first, two thousand eighteen through March
    25  thirty-first, two thousand nineteen, up to one hundred million dollars;
    26    (o) for the period April first, two thousand  nineteen  through  March
    27  thirty-first, two thousand twenty, up to one hundred million dollars.
    28    §  12.  Paragraph  (p) of subdivision 1 of section 367-q of the social
    29  services law, as added by section 14 of part B of chapter 60 of the laws
    30  of 2014, is amended and three new paragraphs (q), (r) and (s) are  added
    31  to read as follows:
    32    (p)  for  the  period  April first, two thousand sixteen through March
    33  thirty-first, two thousand seventeen, up to  twenty-eight  million  five
    34  hundred thousand dollars[.];
    35    (q)  for  the period April first, two thousand seventeen through March
    36  thirty-first, two thousand eighteen, up  to  twenty-eight  million  five
    37  hundred thousand dollars;
    38    (r)  for  the  period April first, two thousand eighteen through March
    39  thirty-first, two thousand nineteen, twenty-eight million  five  hundred
    40  thousand dollars;
    41    (s)  for  the  period April first, two thousand nineteen through March
    42  thirty-first, two thousand twenty,  twenty-eight  million  five  hundred
    43  thousand dollars.
    44    §  13.  Subdivision 4-c of section 2807-p of the public health law, as
    45  amended by section 16 of part B of chapter 60 of the laws  of  2014,  is
    46  amended to read as follows:
    47    4-c. Notwithstanding any provision of law to the contrary, the commis-
    48  sioner  shall  make additional payments for uncompensated care to volun-
    49  tary non-profit diagnostic and treatment centers that are  eligible  for
    50  distributions  under  subdivision  four of this section in the following
    51  amounts: for the period June first, two thousand  six  through  December
    52  thirty-first,  two  thousand  six,  in  the amount of seven million five
    53  hundred thousand dollars, for the period  January  first,  two  thousand
    54  seven  through  December thirty-first, two thousand seven, seven million
    55  five hundred thousand dollars, for the period January first,  two  thou-
    56  sand  eight  through  December  thirty-first,  two thousand eight, seven

        S. 2007--B                         28                         A. 3007--B
 
     1  million five hundred thousand dollars, for the period January first, two
     2  thousand nine through December thirty-first, two thousand nine,  fifteen
     3  million five hundred thousand dollars, for the period January first, two
     4  thousand  ten  through  December  thirty-first,  two thousand ten, seven
     5  million five hundred thousand dollars, for the period January first, two
     6  thousand eleven though December thirty-first, two thousand eleven, seven
     7  million five hundred thousand dollars, for the period January first, two
     8  thousand twelve through  December  thirty-first,  two  thousand  twelve,
     9  seven  million  five  hundred  thousand  dollars, for the period January
    10  first, two thousand thirteen through December thirty-first, two thousand
    11  thirteen, seven million five hundred thousand dollars,  for  the  period
    12  January  first, two thousand fourteen through December thirty-first, two
    13  thousand fourteen, seven million five hundred thousand dollars, for  the
    14  period  January  first,  two  thousand  fifteen through December thirty-
    15  first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
    16  dollars,  for  the  period  January  first  two thousand sixteen through
    17  December thirty-first, two thousand sixteen, seven million five  hundred
    18  thousand  dollars,  for the period January first, two thousand seventeen
    19  through December thirty-first, two  thousand  seventeen,  seven  million
    20  five  hundred  thousand dollars, for the period January first, two thou-
    21  sand eighteen through  December  thirty-first,  two  thousand  eighteen,
    22  seven  million  five  hundred  thousand  dollars, for the period January
    23  first, two thousand nineteen through December thirty-first, two thousand
    24  nineteen, seven million five hundred thousand dollars, and for the peri-
    25  od January first, two thousand [seventeen] twenty through March  thirty-
    26  first, two thousand [seventeen] twenty, in the amount of one million six
    27  hundred  thousand  dollars,  provided,  however, that for periods on and
    28  after January first, two thousand eight, such additional payments  shall
    29  be distributed to voluntary, non-profit diagnostic and treatment centers
    30  and  to public diagnostic and treatment centers in accordance with para-
    31  graph (g) of subdivision four of this section. In the event that federal
    32  financial participation is available for rate  adjustments  pursuant  to
    33  this  section,  the  commissioner shall make such payments as additional
    34  adjustments to rates of payment for voluntary non-profit diagnostic  and
    35  treatment  centers that are eligible for distributions under subdivision
    36  four-a of this section in the following amounts:  for  the  period  June
    37  first, two thousand six through December thirty-first, two thousand six,
    38  fifteen  million  dollars  in  the aggregate, and for the period January
    39  first, two thousand seven through June thirtieth,  two  thousand  seven,
    40  seven  million  five  hundred  thousand  dollars  in  the aggregate. The
    41  amounts allocated pursuant to this paragraph shall  be  aggregated  with
    42  and  distributed  pursuant  to  the  same  methodology applicable to the
    43  amounts allocated to such diagnostic  and  treatment  centers  for  such
    44  periods  pursuant  to subdivision four of this section if federal finan-
    45  cial participation is not available, or pursuant to  subdivision  four-a
    46  of  this  section  if  federal  financial  participation  is  available.
    47  Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social
    48  services  law,  there  shall  be  no local share in a medical assistance
    49  payment adjustment under this subdivision.
    50    § 14. Section 34 of part A3 of chapter 62 of the laws of 2003 amending
    51  the general business law and  other  laws  relating  to  enacting  major
    52  components  necessary to implement the state fiscal plan for the 2003-04
    53  state fiscal year, as amended by section 6 of part B of  chapter  60  of
    54  the laws of 2014, is amended to read as follows:
    55    §  34.  (1) Notwithstanding any inconsistent provision of law, rule or
    56  regulation and effective April 1, 2008 through March  31,  [2017]  2020,

        S. 2007--B                         29                         A. 3007--B
 
     1  the commissioner of health is authorized to transfer and the state comp-
     2  troller  is authorized and directed to receive for deposit to the credit
     3  of the department of health's special revenue fund - other, health  care
     4  reform  act  (HCRA) resources fund - 061, provider collection monitoring
     5  account, within amounts appropriated each year,  those  funds  collected
     6  and  accumulated  pursuant  to  section 2807-v of the public health law,
     7  including income from invested funds, for the  purpose  of  payment  for
     8  administrative  costs  of  the  department of health related to adminis-
     9  tration of  statutory  duties  for  the  collections  and  distributions
    10  authorized by section 2807-v of the public health law.
    11    (2)  Notwithstanding  any inconsistent provision of law, rule or regu-
    12  lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
    13  commissioner  of  health  is  authorized to transfer and the state comp-
    14  troller is authorized and directed to receive for deposit to the  credit
    15  of  the department of health's special revenue fund - other, health care
    16  reform act (HCRA) resources fund - 061, provider  collection  monitoring
    17  account,  within  amounts  appropriated each year, those funds collected
    18  and accumulated and interest earned through surcharges on  payments  for
    19  health care services pursuant to section 2807-s of the public health law
    20  and from assessments pursuant to section 2807-t of the public health law
    21  for the purpose of payment for administrative costs of the department of
    22  health related to administration of statutory duties for the collections
    23  and  distributions  authorized by sections 2807-s, 2807-t, and 2807-m of
    24  the public health law.
    25    (3) Notwithstanding any inconsistent provision of law, rule  or  regu-
    26  lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
    27  commissioner of health is authorized to transfer and the comptroller  is
    28  authorized  to  deposit,  within  amounts  appropriated each year, those
    29  funds authorized for distribution in accordance with the  provisions  of
    30  paragraph  (a)  of  subdivision 1 of section 2807-l of the public health
    31  law for the purposes of payment for administrative costs of the  depart-
    32  ment  of  health  related  to  the  child  health insurance plan program
    33  authorized pursuant to title 1-A of article 25 of the public health  law
    34  into  the  special  revenue funds - other, health care reform act (HCRA)
    35  resources fund - 061, child health insurance account, established within
    36  the department of health.
    37    (4) Notwithstanding any inconsistent provision of law, rule  or  regu-
    38  lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
    39  commissioner of health is authorized to transfer and the comptroller  is
    40  authorized  to  deposit,  within  amounts  appropriated each year, those
    41  funds authorized for distribution in accordance with the  provisions  of
    42  paragraph  (e)  of  subdivision 1 of section 2807-l of the public health
    43  law for the purpose of payment for administrative costs of  the  depart-
    44  ment  of  health  related to the health occupation development and work-
    45  place demonstration program established pursuant to section  2807-h  and
    46  the  health workforce retraining program established pursuant to section
    47  2807-g of the public health law into the special revenue funds -  other,
    48  health  care  reform  act (HCRA) resources fund - 061, health occupation
    49  development and workplace  demonstration  program  account,  established
    50  within the department of health.
    51    (5)  Notwithstanding  any inconsistent provision of law, rule or regu-
    52  lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
    53  commissioner  of health is authorized to transfer and the comptroller is
    54  authorized to deposit, within  amounts  appropriated  each  year,  those
    55  funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
    56  2807-v of the public health law for the purpose of payment for  adminis-

        S. 2007--B                         30                         A. 3007--B
 
     1  trative  costs  of the department of health related to administration of
     2  the state's tobacco control programs and cancer services provided pursu-
     3  ant to sections 2807-r and 1399-ii of the public health  law  into  such
     4  accounts established within the department of health for such purposes.
     5    (6)  Notwithstanding  any inconsistent provision of law, rule or regu-
     6  lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
     7  commissioner  of health is authorized to transfer and the comptroller is
     8  authorized to deposit, within amounts appropriated each year, the  funds
     9  authorized for distribution in accordance with the provisions of section
    10  2807-l of the public health law for the purposes of payment for adminis-
    11  trative costs of the department of health related to the programs funded
    12  pursuant  to  section  2807-l  of the public health law into the special
    13  revenue funds - other, health care reform act (HCRA)  resources  fund  -
    14  061,  pilot  health insurance account, established within the department
    15  of health.
    16    (7) Notwithstanding any inconsistent provision of law, rule  or  regu-
    17  lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
    18  commissioner of health is authorized to transfer and the comptroller  is
    19  authorized  to  deposit,  within  amounts  appropriated each year, those
    20  funds authorized for distribution in accordance with the  provisions  of
    21  subparagraph  (ii)  of paragraph (f) of subdivision 19 of section 2807-c
    22  of the public health law from monies accumulated and interest earned  in
    23  the  bad  debt  and  charity care and capital statewide pools through an
    24  assessment charged to general hospitals pursuant to  the  provisions  of
    25  subdivision  18  of  section  2807-c  of the public health law and those
    26  funds authorized for distribution in accordance with the  provisions  of
    27  section  2807-l of the public health law for the purposes of payment for
    28  administrative costs of the department of  health  related  to  programs
    29  funded  under  section  2807-l of the public health law into the special
    30  revenue funds - other, health care reform act (HCRA)  resources  fund  -
    31  061, primary care initiatives account, established within the department
    32  of health.
    33    (8)  Notwithstanding  any inconsistent provision of law, rule or regu-
    34  lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
    35  commissioner  of health is authorized to transfer and the comptroller is
    36  authorized to deposit, within  amounts  appropriated  each  year,  those
    37  funds  authorized  for distribution in accordance with section 2807-l of
    38  the public health law for the purposes  of  payment  for  administrative
    39  costs  of  the  department  of  health  related to programs funded under
    40  section 2807-l of the public health law into the special revenue funds -
    41  other, health care reform act (HCRA) resources fund - 061,  health  care
    42  delivery  administration  account,  established within the department of
    43  health.
    44    (9) Notwithstanding any inconsistent provision of law, rule  or  regu-
    45  lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
    46  commissioner of health is authorized to transfer and the comptroller  is
    47  authorized  to  deposit,  within  amounts  appropriated each year, those
    48  funds authorized pursuant to sections 2807-d, 3614-a and 3614-b  of  the
    49  public  health  law and section 367-i of the social services law and for
    50  distribution in accordance with  the  provisions  of  subdivision  9  of
    51  section  2807-j  of the public health law for the purpose of payment for
    52  administration of statutory duties for the collections and distributions
    53  authorized by sections 2807-c, 2807-d, 2807-j,  2807-k,  2807-l,  3614-a
    54  and  3614-b  of  the  public  health law and section 367-i of the social
    55  services law into the special revenue funds - other, health care  reform

        S. 2007--B                         31                         A. 3007--B
 
     1  act (HCRA) resources fund - 061, provider collection monitoring account,
     2  established within the department of health.
     3    §  15.  Paragraph (a) of subdivision 1 of section 18 of chapter 266 of
     4  the laws of 1986, amending the civil practice law and  rules  and  other
     5  laws  relating  to  malpractice  and  professional  medical  conduct, as
     6  amended by section 2 of part C of chapter 59 of the  laws  of  2016,  is
     7  amended to read as follows:
     8    (a)  The  superintendent of financial services and the commissioner of
     9  health or their designee shall, from funds  available  in  the  hospital
    10  excess liability pool created pursuant to subdivision 5 of this section,
    11  purchase  a policy or policies for excess insurance coverage, as author-
    12  ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance
    13  law; or from an insurer, other than an insurer described in section 5502
    14  of the insurance law, duly authorized to write such coverage and actual-
    15  ly  writing  medical  malpractice  insurance  in  this  state;  or shall
    16  purchase equivalent excess coverage in a form previously approved by the
    17  superintendent of financial services for purposes  of  providing  equiv-
    18  alent  excess  coverage  in accordance with section 19 of chapter 294 of
    19  the laws of 1985, for medical or dental malpractice occurrences  between
    20  July  1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
    21  between July 1, 1988 and June 30, 1989, between July 1,  1989  and  June
    22  30,  1990,  between July 1, 1990 and June 30, 1991, between July 1, 1991
    23  and June 30, 1992, between July 1, 1992 and June 30, 1993, between  July
    24  1,  1993  and  June  30,  1994,  between July 1, 1994 and June 30, 1995,
    25  between July 1, 1995 and June 30, 1996, between July 1,  1996  and  June
    26  30,  1997,  between July 1, 1997 and June 30, 1998, between July 1, 1998
    27  and June 30, 1999, between July 1, 1999 and June 30, 2000, between  July
    28  1,  2000  and  June  30,  2001,  between July 1, 2001 and June 30, 2002,
    29  between July 1, 2002 and June 30, 2003, between July 1,  2003  and  June
    30  30,  2004,  between July 1, 2004 and June 30, 2005, between July 1, 2005
    31  and June 30, 2006, between July 1, 2006 and June 30, 2007, between  July
    32  1,  2007  and  June  30,  2008,  between July 1, 2008 and June 30, 2009,
    33  between July 1, 2009 and June 30, 2010, between July 1,  2010  and  June
    34  30,  2011,  between July 1, 2011 and June 30, 2012, between July 1, 2012
    35  and June 30, 2013, between July 1, 2013 and June 30, 2014, between  July
    36  1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016, [and]
    37  between  July  1,  2016  and June 30, 2017, and between July 1, 2017 and
    38  June 30, 2018 or reimburse the hospital  where  the  hospital  purchases
    39  equivalent  excess  coverage as defined in subparagraph (i) of paragraph
    40  (a) of subdivision 1-a of this section for medical or dental malpractice
    41  occurrences between July 1, 1987 and June 30, 1988, between July 1, 1988
    42  and June 30, 1989, between July 1, 1989 and June 30, 1990, between  July
    43  1,  1990  and  June  30,  1991,  between July 1, 1991 and June 30, 1992,
    44  between July 1, 1992 and June 30, 1993, between July 1,  1993  and  June
    45  30,  1994,  between July 1, 1994 and June 30, 1995, between July 1, 1995
    46  and June 30, 1996, between July 1, 1996 and June 30, 1997, between  July
    47  1,  1997  and  June  30,  1998,  between July 1, 1998 and June 30, 1999,
    48  between July 1, 1999 and June 30, 2000, between July 1,  2000  and  June
    49  30,  2001,  between July 1, 2001 and June 30, 2002, between July 1, 2002
    50  and June 30, 2003, between July 1, 2003 and June 30, 2004, between  July
    51  1,  2004  and  June  30,  2005,  between July 1, 2005 and June 30, 2006,
    52  between July 1, 2006 and June 30, 2007, between July 1,  2007  and  June
    53  30,  2008,  between July 1, 2008 and June 30, 2009, between July 1, 2009
    54  and June 30, 2010, between July 1, 2010 and June 30, 2011, between  July
    55  1,  2011  and  June  30,  2012,  between July 1, 2012 and June 30, 2013,
    56  between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June

        S. 2007--B                         32                         A. 3007--B
 
     1  30,  2015, between July 1, 2015 and June 30, 2016, [and] between July 1,
     2  2016 and June 30, 2017, and between July 1, 2017 and June 30,  2018  for
     3  physicians  or  dentists  certified  as eligible for each such period or
     4  periods  pursuant to subdivision 2 of this section by a general hospital
     5  licensed pursuant to article 28 of the public health law; provided  that
     6  no  single  insurer  shall  write  more  than fifty percent of the total
     7  excess premium for a given policy year; and provided, however, that such
     8  eligible physicians or dentists must have in force an individual policy,
     9  from an insurer licensed in this state of primary malpractice  insurance
    10  coverage  in  amounts of no less than one million three hundred thousand
    11  dollars for each  claimant  and  three  million  nine  hundred  thousand
    12  dollars  for  all  claimants under that policy during the period of such
    13  excess coverage for  such  occurrences  or  be  endorsed  as  additional
    14  insureds under a hospital professional liability policy which is offered
    15  through a voluntary attending physician ("channeling") program previous-
    16  ly  permitted  by  the  superintendent  of financial services during the
    17  period of such excess coverage for such occurrences. During such period,
    18  such policy for excess  coverage  or  such  equivalent  excess  coverage
    19  shall,  when combined with the physician's or dentist's primary malprac-
    20  tice insurance coverage or coverage provided through a voluntary attend-
    21  ing physician ("channeling") program, total an aggregate  level  of  two
    22  million three hundred thousand dollars for each claimant and six million
    23  nine  hundred  thousand dollars for all claimants from all such policies
    24  with respect to occurrences in each of such years provided, however,  if
    25  the  cost  of  primary  malpractice  insurance coverage in excess of one
    26  million dollars, but below  the  excess  medical  malpractice  insurance
    27  coverage provided pursuant to this act, exceeds the rate of nine percent
    28  per  annum,  then  the  required  level of primary malpractice insurance
    29  coverage in excess of one million dollars for each claimant shall be  in
    30  an  amount of not less than the dollar amount of such coverage available
    31  at nine percent per annum; the required level of such coverage  for  all
    32  claimants  under  that  policy shall be in an amount not less than three
    33  times the dollar amount of coverage for each claimant; and excess cover-
    34  age, when combined with such  primary  malpractice  insurance  coverage,
    35  shall  increase  the  aggregate  level  for each claimant by one million
    36  dollars and three  million  dollars  for  all  claimants;  and  provided
    37  further,  that,  with respect to policies of primary medical malpractice
    38  coverage that include occurrences between April 1,  2002  and  June  30,
    39  2002,  such  requirement  that  coverage  be in amounts no less than one
    40  million three hundred thousand  dollars  for  each  claimant  and  three
    41  million  nine hundred thousand dollars for all claimants for such occur-
    42  rences shall be effective April 1, 2002.
    43    § 16. Subdivision 3 of section 18 of chapter 266 of the laws of  1986,
    44  amending  the  civil  practice  law and rules and other laws relating to
    45  malpractice and professional medical conduct, as amended by section 3 of
    46  part C of chapter 59 of the laws of 2016, is amended to read as follows:
    47    (3)(a) The superintendent of financial services  shall  determine  and
    48  certify  to  each general hospital and to the commissioner of health the
    49  cost of excess malpractice insurance for medical or  dental  malpractice
    50  occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
    51  and  June 30, 1989, between July 1, 1989 and June 30, 1990, between July
    52  1, 1990 and June 30, 1991, between July  1,  1991  and  June  30,  1992,
    53  between  July  1,  1992 and June 30, 1993, between July 1, 1993 and June
    54  30, 1994, between July 1, 1994 and June 30, 1995, between July  1,  1995
    55  and  June 30, 1996, between July 1, 1996 and June 30, 1997, between July
    56  1, 1997 and June 30, 1998, between July  1,  1998  and  June  30,  1999,

        S. 2007--B                         33                         A. 3007--B
 
     1  between  July  1,  1999 and June 30, 2000, between July 1, 2000 and June
     2  30, 2001, between July 1, 2001 and June 30, 2002, between July  1,  2002
     3  and  June 30, 2003, between July 1, 2003 and June 30, 2004, between July
     4  1,  2004  and  June  30,  2005,  between July 1, 2005 and June 30, 2006,
     5  between July 1, 2006 and June 30, 2007, between July 1,  2007  and  June
     6  30,  2008,  between July 1, 2008 and June 30, 2009, between July 1, 2009
     7  and June 30, 2010, between July 1, 2010 and June 30, 2011, between  July
     8  1,  2011  and June 30, 2012, between July 1, 2012 and June 30, 2013, and
     9  between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June
    10  30,  2015,  between  July 1, 2015 and June 30, 2016, and between July 1,
    11  2016 and June 30, 2017, and between July 1, 2017 and June 30, 2018 allo-
    12  cable to each general hospital for physicians or dentists  certified  as
    13  eligible  for purchase of a policy for excess insurance coverage by such
    14  general hospital in accordance with subdivision 2 of this  section,  and
    15  may amend such determination and certification as necessary.
    16    (b)  The  superintendent  of  financial  services  shall determine and
    17  certify to each general hospital and to the commissioner of  health  the
    18  cost  of  excess malpractice insurance or equivalent excess coverage for
    19  medical or dental malpractice occurrences between July 1, 1987 and  June
    20  30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
    21  and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
    22  1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
    23  between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
    24  30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
    25  and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
    26  1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
    27  between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
    28  30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
    29  and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
    30  1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
    31  between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
    32  30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
    33  and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
    34  1,  2012  and  June  30,  2013,  between July 1, 2013 and June 30, 2014,
    35  between July 1, 2014 and June 30, 2015, between July 1,  2015  and  June
    36  30,  2016,  and between July 1, 2016 and June 30, 2017, and between July
    37  1, 2017 and June 30, 2018 allocable to each general hospital for  physi-
    38  cians  or  dentists  certified  as eligible for purchase of a policy for
    39  excess insurance coverage or equivalent excess coverage by such  general
    40  hospital in accordance with subdivision 2 of this section, and may amend
    41  such determination and certification as necessary. The superintendent of
    42  financial  services shall determine and certify to each general hospital
    43  and to the commissioner of health the ratable share of such cost alloca-
    44  ble to the period July 1, 1987 to December 31, 1987, to the period Janu-
    45  ary 1, 1988 to June 30, 1988, to the period July 1, 1988 to December 31,
    46  1988, to the period January 1, 1989 to June 30, 1989, to the period July
    47  1, 1989 to December 31, 1989, to the period January 1, 1990 to June  30,
    48  1990,  to  the  period  July 1, 1990 to December 31, 1990, to the period
    49  January 1, 1991 to June 30, 1991, to the period July 1, 1991 to December
    50  31, 1991, to the period January 1, 1992 to June 30, 1992, to the  period
    51  July 1, 1992 to December 31, 1992, to the period January 1, 1993 to June
    52  30, 1993, to the period July 1, 1993 to December 31, 1993, to the period
    53  January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December
    54  31,  1994, to the period January 1, 1995 to June 30, 1995, to the period
    55  July 1, 1995 to December 31, 1995, to the period January 1, 1996 to June
    56  30, 1996, to the period July 1, 1996 to December 31, 1996, to the period

        S. 2007--B                         34                         A. 3007--B
 
     1  January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December
     2  31, 1997, to the period January 1, 1998 to June 30, 1998, to the  period
     3  July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June
     4  30, 1999, to the period July 1, 1999 to December 31, 1999, to the period
     5  January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December
     6  31,  2000, to the period January 1, 2001 to June 30, 2001, to the period
     7  July 1, 2001 to June 30, 2002, to the period July 1, 2002  to  June  30,
     8  2003, to the period July 1, 2003 to June 30, 2004, to the period July 1,
     9  2004  to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to
    10  the period July 1, 2006 and June 30, 2007, to the period  July  1,  2007
    11  and  June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the
    12  period July 1, 2009 and June 30, 2010, to the period July  1,  2010  and
    13  June  30,  2011,  to  the  period July 1, 2011 and June 30, 2012, to the
    14  period July 1, 2012 and June 30, 2013, to the period July  1,  2013  and
    15  June  30,  2014,  to  the  period July 1, 2014 and June 30, 2015, to the
    16  period July 1, 2015 and June 30, 2016, and between July 1, 2016 and June
    17  30, 2017, and to the period July 1, 2017 and June 30, 2018.
    18    § 17. Paragraphs (a), (b), (c),  (d)  and  (e)  of  subdivision  8  of
    19  section  18 of chapter 266 of the laws of 1986, amending the civil prac-
    20  tice law and rules and other laws relating to  malpractice  and  profes-
    21  sional  medical conduct, as amended by section 4 of part C of chapter 59
    22  of the laws of 2016, are amended to read as follows:
    23    (a) To the extent funds available to  the  hospital  excess  liability
    24  pool  pursuant to subdivision 5 of this section as amended, and pursuant
    25  to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
    26  time  to  time  be amended, which amended this subdivision, are insuffi-
    27  cient to meet the costs  of  excess  insurance  coverage  or  equivalent
    28  excess  coverage  for coverage periods during the period July 1, 1992 to
    29  June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
    30  the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
    31  to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
    32  during the period July 1, 1997 to June 30, 1998, during the period  July
    33  1,  1998  to  June  30, 1999, during the period July 1, 1999 to June 30,
    34  2000, during the period July 1, 2000 to June 30, 2001, during the period
    35  July 1, 2001 to October 29, 2001, during the period  April  1,  2002  to
    36  June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
    37  the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
    38  to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
    39  during  the period July 1, 2006 to June 30, 2007, during the period July
    40  1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,
    41  2009, during the period July 1, 2009 to June 30, 2010, during the period
    42  July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
    43  30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
    44  period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
    45  June 30, 2015, during the period July 1, 2015 and June  30,  2016,  [and
    46  between]  during  the  period July 1, 2016 and June 30, 2017, and during
    47  the period July 1, 2017 and June 30, 2018 allocated  or  reallocated  in
    48  accordance  with  paragraph  (a)  of  subdivision 4-a of this section to
    49  rates of payment applicable to state governmental agencies, each  physi-
    50  cian  or  dentist  for  whom  a  policy for excess insurance coverage or
    51  equivalent excess coverage is purchased for such period shall be respon-
    52  sible for payment to the provider of excess insurance coverage or equiv-
    53  alent excess coverage of an allocable share of such insufficiency, based
    54  on the ratio of the total cost of such coverage for  such  physician  to
    55  the sum of the total cost of such coverage for all physicians applied to
    56  such insufficiency.

        S. 2007--B                         35                         A. 3007--B
 
     1    (b)  Each  provider  of excess insurance coverage or equivalent excess
     2  coverage covering the period July 1, 1992 to June 30, 1993, or  covering
     3  the period July 1, 1993 to June 30, 1994, or covering the period July 1,
     4  1994  to  June 30, 1995, or covering the period July 1, 1995 to June 30,
     5  1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
     6  the period July 1, 1997 to June 30, 1998, or covering the period July 1,
     7  1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
     8  2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
     9  the period July 1, 2001 to October 29,  2001,  or  covering  the  period
    10  April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
    11  June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
    12  covering the period July 1, 2004 to June 30, 2005, or covering the peri-
    13  od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
    14  June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
    15  covering the period July 1, 2008 to June 30, 2009, or covering the peri-
    16  od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
    17  June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
    18  covering the period July 1, 2012 to June 30, 2013, or covering the peri-
    19  od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
    20  June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
    21  covering the period July 1, 2016 to June 30, 2017, or covering the peri-
    22  od July 1, 2017 to June 30, 2018 shall notify  a  covered  physician  or
    23  dentist by mail, mailed to the address shown on the last application for
    24  excess  insurance  coverage or equivalent excess coverage, of the amount
    25  due to such provider from such physician or dentist  for  such  coverage
    26  period  determined in accordance with paragraph (a) of this subdivision.
    27  Such amount shall be due from such physician or dentist to such provider
    28  of excess insurance coverage or equivalent excess coverage in a time and
    29  manner determined by the superintendent of financial services.
    30    (c) If a physician or dentist liable for payment of a portion  of  the
    31  costs  of excess insurance coverage or equivalent excess coverage cover-
    32  ing the period July 1, 1992 to June 30, 1993,  or  covering  the  period
    33  July  1,  1993  to June 30, 1994, or covering the period July 1, 1994 to
    34  June 30, 1995, or covering the period July 1, 1995 to June 30, 1996,  or
    35  covering the period July 1, 1996 to June 30, 1997, or covering the peri-
    36  od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
    37  June  30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
    38  covering the period July 1, 2000 to June 30, 2001, or covering the peri-
    39  od July 1, 2001 to October 29, 2001, or covering  the  period  April  1,
    40  2002  to  June 30, 2002, or covering the period July 1, 2002 to June 30,
    41  2003, or covering the period July 1, 2003 to June 30, 2004, or  covering
    42  the period July 1, 2004 to June 30, 2005, or covering the period July 1,
    43  2005  to  June 30, 2006, or covering the period July 1, 2006 to June 30,
    44  2007, or covering the period July 1, 2007 to June 30, 2008, or  covering
    45  the period July 1, 2008 to June 30, 2009, or covering the period July 1,
    46  2009  to  June 30, 2010, or covering the period July 1, 2010 to June 30,
    47  2011, or covering the period July 1, 2011 to June 30, 2012, or  covering
    48  the period July 1, 2012 to June 30, 2013, or covering the period July 1,
    49  2013  to  June 30, 2014, or covering the period July 1, 2014 to June 30,
    50  2015, or covering the period July 1, 2015 to June 30, 2016, or  covering
    51  the period July 1, 2016 to June 30, 2017, or covering the period July 1,
    52  2017  to  June  30,  2018 determined in accordance with paragraph (a) of
    53  this subdivision fails, refuses or  neglects  to  make  payment  to  the
    54  provider  of  excess insurance coverage or equivalent excess coverage in
    55  such time and manner as determined by the  superintendent  of  financial
    56  services pursuant to paragraph (b) of this subdivision, excess insurance

        S. 2007--B                         36                         A. 3007--B

     1  coverage  or  equivalent excess coverage purchased for such physician or
     2  dentist in accordance with this section for such coverage  period  shall
     3  be  cancelled and shall be null and void as of the first day on or after
     4  the  commencement  of  a  policy  period where the liability for payment
     5  pursuant to this subdivision has not been met.
     6    (d) Each provider of excess insurance coverage  or  equivalent  excess
     7  coverage  shall  notify the superintendent of financial services and the
     8  commissioner of health or their designee of each physician  and  dentist
     9  eligible  for  purchase  of  a  policy  for excess insurance coverage or
    10  equivalent excess coverage covering the period July 1, 1992 to June  30,
    11  1993,  or covering the period July 1, 1993 to June 30, 1994, or covering
    12  the period July 1, 1994 to June 30, 1995, or covering the period July 1,
    13  1995 to June 30, 1996, or covering the period July 1, 1996 to  June  30,
    14  1997,  or covering the period July 1, 1997 to June 30, 1998, or covering
    15  the period July 1, 1998 to June 30, 1999, or covering the period July 1,
    16  1999 to June 30, 2000, or covering the period July 1, 2000 to  June  30,
    17  2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
    18  ing  the  period  April 1, 2002 to June 30, 2002, or covering the period
    19  July 1, 2002 to June 30, 2003, or covering the period July  1,  2003  to
    20  June  30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
    21  covering the period July 1, 2005 to June 30, 2006, or covering the peri-
    22  od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
    23  June 30, 2008, or covering the period July 1, 2008 to June 30, 2009,  or
    24  covering the period July 1, 2009 to June 30, 2010, or covering the peri-
    25  od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
    26  June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
    27  covering the period July 1, 2013 to June 30, 2014, or covering the peri-
    28  od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
    29  June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  or
    30  covering  the period July 1, 2017 to June 30, 2018 that has made payment
    31  to such provider of  excess  insurance  coverage  or  equivalent  excess
    32  coverage  in  accordance  with  paragraph (b) of this subdivision and of
    33  each physician and dentist who has failed, refused or neglected to  make
    34  such payment.
    35    (e)  A  provider  of  excess  insurance  coverage or equivalent excess
    36  coverage shall refund to the hospital excess liability pool  any  amount
    37  allocable to the period July 1, 1992 to June 30, 1993, and to the period
    38  July  1,  1993  to June 30, 1994, and to the period July 1, 1994 to June
    39  30, 1995, and to the period July 1, 1995 to June 30, 1996,  and  to  the
    40  period  July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
    41  June 30, 1998, and to the period July 1, 1998 to June 30, 1999,  and  to
    42  the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
    43  to  June  30,  2001, and to the period July 1, 2001 to October 29, 2001,
    44  and to the period April 1, 2002 to June 30, 2002, and to the period July
    45  1, 2002 to June 30, 2003, and to the period July 1,  2003  to  June  30,
    46  2004, and to the period July 1, 2004 to June 30, 2005, and to the period
    47  July  1,  2005  to June 30, 2006, and to the period July 1, 2006 to June
    48  30, 2007, and to the period July 1, 2007 to June 30, 2008,  and  to  the
    49  period  July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
    50  June 30, 2010, and to the period July 1, 2010 to June 30, 2011,  and  to
    51  the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
    52  to  June  30, 2013, and to the period July 1, 2013 to June 30, 2014, and
    53  to the period July 1, 2014 to June 30, 2015, and to the period  July  1,
    54  2015  to  June  30,  2016,  [and] to the period July 1, 2016 to June 30,
    55  2017, and to the period July 1, 2017 to June 30, 2018 received from  the
    56  hospital excess liability pool for purchase of excess insurance coverage

        S. 2007--B                         37                         A. 3007--B
 
     1  or  equivalent  excess coverage covering the period July 1, 1992 to June
     2  30, 1993, and covering the period July 1, 1993 to  June  30,  1994,  and
     3  covering  the  period  July  1,  1994 to June 30, 1995, and covering the
     4  period  July  1,  1995 to June 30, 1996, and covering the period July 1,
     5  1996 to June 30, 1997, and covering the period July 1, 1997 to June  30,
     6  1998,  and covering the period July 1, 1998 to June 30, 1999, and cover-
     7  ing the period July 1, 1999 to June 30, 2000, and  covering  the  period
     8  July  1,  2000 to June 30, 2001, and covering the period July 1, 2001 to
     9  October 29, 2001, and covering the period April  1,  2002  to  June  30,
    10  2002,  and covering the period July 1, 2002 to June 30, 2003, and cover-
    11  ing the period July 1, 2003 to June 30, 2004, and  covering  the  period
    12  July  1,  2004 to June 30, 2005, and covering the period July 1, 2005 to
    13  June 30, 2006, and covering the period July 1, 2006 to  June  30,  2007,
    14  and  covering the period July 1, 2007 to June 30, 2008, and covering the
    15  period July 1, 2008 to June 30, 2009, and covering the  period  July  1,
    16  2009  to June 30, 2010, and covering the period July 1, 2010 to June 30,
    17  2011, and covering the period July 1, 2011 to June 30, 2012, and  cover-
    18  ing  the  period  July 1, 2012 to June 30, 2013, and covering the period
    19  July 1, 2013 to June 30, 2014, and covering the period July 1,  2014  to
    20  June  30,  2015,  and covering the period July 1, 2015 to June 30, 2016,
    21  and covering the period July 1, 2016 to June 30, 2017, and covering  the
    22  period  July  1,  2017 to June 30, 2018 for a physician or dentist where
    23  such  excess  insurance  coverage  or  equivalent  excess  coverage   is
    24  cancelled in accordance with paragraph (c) of this subdivision.
    25    §  18.  Section  40  of  chapter 266 of the laws of 1986, amending the
    26  civil practice law and rules and other laws relating to malpractice  and
    27  professional medical conduct, as amended by section 5 of part C of chap-
    28  ter 59 of the laws of 2016, is amended to read as follows:
    29    §  40.  The superintendent of financial services shall establish rates
    30  for policies providing coverage  for  physicians  and  surgeons  medical
    31  malpractice  for the periods commencing July 1, 1985 and ending June 30,
    32  [2017] 2018; provided, however, that notwithstanding any other provision
    33  of law, the superintendent shall not establish or approve  any  increase
    34  in  rates  for  the  period  commencing July 1, 2009 and ending June 30,
    35  2010. The superintendent shall direct insurers to  establish  segregated
    36  accounts  for premiums, payments, reserves and investment income attrib-
    37  utable to such premium periods and shall require periodic reports by the
    38  insurers regarding claims and expenses attributable to such  periods  to
    39  monitor whether such accounts will be sufficient to meet incurred claims
    40  and  expenses. On or after July 1, 1989, the superintendent shall impose
    41  a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
    42  attributable  to the premium levels established pursuant to this section
    43  for such periods; provided, however, that such  annual  surcharge  shall
    44  not  exceed  eight  percent of the established rate until July 1, [2017]
    45  2018, at which time and thereafter such surcharge shall not exceed twen-
    46  ty-five percent of the approved adequate  rate,  and  that  such  annual
    47  surcharges shall continue for such period of time as shall be sufficient
    48  to  satisfy  such  deficiency.  The superintendent shall not impose such
    49  surcharge during the period commencing July 1, 2009 and ending June  30,
    50  2010.  On  and  after  July  1,  1989,  the surcharge prescribed by this
    51  section shall be retained by insurers to the extent  that  they  insured
    52  physicians  and surgeons during the July 1, 1985 through June 30, [2017]
    53  2018 policy periods; in the event  and  to  the  extent  physicians  and
    54  surgeons  were  insured by another insurer during such periods, all or a
    55  pro rata share of the surcharge, as the case may be, shall  be  remitted
    56  to  such  other  insurer  in accordance with rules and regulations to be

        S. 2007--B                         38                         A. 3007--B
 
     1  promulgated by the superintendent.  Surcharges collected from physicians
     2  and surgeons who were not insured during such policy  periods  shall  be
     3  apportioned  among  all insurers in proportion to the premium written by
     4  each  insurer  during such policy periods; if a physician or surgeon was
     5  insured by an insurer subject to rates established by the superintendent
     6  during such policy periods, and  at  any  time  thereafter  a  hospital,
     7  health  maintenance organization, employer or institution is responsible
     8  for responding in damages for liability arising out of such  physician's
     9  or  surgeon's  practice  of medicine, such responsible entity shall also
    10  remit to such prior insurer the equivalent amount  that  would  then  be
    11  collected  as  a  surcharge if the physician or surgeon had continued to
    12  remain insured by such prior insurer. In  the  event  any  insurer  that
    13  provided  coverage  during  such  policy  periods is in liquidation, the
    14  property/casualty insurance security fund shall receive the  portion  of
    15  surcharges to which the insurer in liquidation would have been entitled.
    16  The surcharges authorized herein shall be deemed to be income earned for
    17  the  purposes of section 2303 of the insurance law.  The superintendent,
    18  in establishing adequate rates and in determining  any  projected  defi-
    19  ciency  pursuant  to  the requirements of this section and the insurance
    20  law, shall give substantial weight, determined  in  his  discretion  and
    21  judgment,  to  the  prospective  anticipated  effect  of any regulations
    22  promulgated and laws enacted and the  public  benefit  of    stabilizing
    23  malpractice rates and minimizing rate level fluctuation during the peri-
    24  od  of  time  necessary for the development of more reliable statistical
    25  experience as to the efficacy of such  laws  and  regulations  affecting
    26  medical, dental or podiatric malpractice enacted or promulgated in 1985,
    27  1986,  by this act and at any other time.  Notwithstanding any provision
    28  of the insurance law, rates already established and to be established by
    29  the superintendent pursuant to this section are deemed adequate if  such
    30  rates  would be adequate when taken together with the maximum authorized
    31  annual surcharges to be imposed for a reasonable period of time  whether
    32  or  not  any  such  annual surcharge has been actually imposed as of the
    33  establishment of such rates.
    34    § 19. Section 5 and subdivisions (a) and (e) of section 6 of part J of
    35  chapter 63 of the laws of 2001, amending chapter  266  of  the  laws  of
    36  1986,  amending the civil practice law and rules and other laws relating
    37  to malpractice and professional medical conduct, as amended by section 6
    38  of part C of chapter 59 of the laws of 2016,  are  amended  to  read  as
    39  follows:
    40    §  5. The superintendent of financial services and the commissioner of
    41  health shall determine, no later than June 15, 2002, June 15, 2003, June
    42  15, 2004, June 15, 2005, June 15, 2006, June 15, 2007,  June  15,  2008,
    43  June  15,  2009,  June  15, 2010, June 15, 2011, June 15, 2012, June 15,
    44  2013, June 15, 2014, June 15, 2015, June 15, 2016, [and] June 15,  2017,
    45  and  June  15, 2018 the amount of funds available in the hospital excess
    46  liability pool, created pursuant to section 18 of  chapter  266  of  the
    47  laws  of  1986,  and  whether  such funds are sufficient for purposes of
    48  purchasing excess insurance coverage for eligible  participating  physi-
    49  cians  and  dentists during the period July 1, 2001 to June 30, 2002, or
    50  July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July
    51  1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or  July  1,
    52  2006 to June 30, 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008
    53  to  June  30, 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to
    54  June 30, 2011, or July 1, 2011 to June 30, 2012, or July 1, 2012 to June
    55  30, 2013, or July 1, 2013 to June 30, 2014, or July 1, 2014 to June  30,

        S. 2007--B                         39                         A. 3007--B
 
     1  2015,  or  July  1,  2015  to June 30, 2016, or July 1, 2016 to June 30,
     2  2017, or to July 1, 2017 to June 30, 2018 as applicable.
     3    (a)  This section shall be effective only upon a determination, pursu-
     4  ant to section five of this act,  by  the  superintendent  of  financial
     5  services  and  the  commissioner  of health, and a certification of such
     6  determination to the state director of the  budget,  the  chair  of  the
     7  senate  committee  on finance and the chair of the assembly committee on
     8  ways and means, that the amount of funds in the hospital excess  liabil-
     9  ity  pool,  created pursuant to section 18 of chapter 266 of the laws of
    10  1986, is insufficient for purposes of purchasing excess insurance cover-
    11  age for eligible participating physicians and dentists during the period
    12  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
    13  1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or  July  1,
    14  2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
    15  to  June  30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
    16  June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
    17  30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June  30,
    18  2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
    19  2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30, 2018
    20  as applicable.
    21    (e) The commissioner of health  shall  transfer  for  deposit  to  the
    22  hospital excess liability pool created pursuant to section 18 of chapter
    23  266  of  the laws of 1986 such amounts as directed by the superintendent
    24  of financial services for the purchase  of  excess  liability  insurance
    25  coverage  for  eligible  participating  physicians  and dentists for the
    26  policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to  June  30,
    27  2003,  or  July  1,  2003  to June 30, 2004, or July 1, 2004 to June 30,
    28  2005, or July 1, 2005 to June 30, 2006, or July  1,  2006  to  June  30,
    29  2007,  as  applicable, and the cost of administering the hospital excess
    30  liability pool for such applicable policy year,  pursuant to the program
    31  established in chapter 266 of the laws of 1986,  as  amended,  no  later
    32  than  June  15,  2002, June 15, 2003, June 15, 2004, June 15, 2005, June
    33  15, 2006, June 15, 2007, June 15, 2008, June 15, 2009,  June  15,  2010,
    34  June  15,  2011,  June  15, 2012, June 15, 2013, June 15, 2014, June 15,
    35  2015, June 15, 2016, [and] June 15, 2017, and June 15, 2018 as  applica-
    36  ble.
    37    §  20.  Notwithstanding  any  law, rule or regulation to the contrary,
    38  only physicians or dentists who were eligible, and for whom  the  super-
    39  intendent of financial services and the commissioner of health, or their
    40  designee, purchased, with funds available in the hospital excess liabil-
    41  ity  pool,  a  full  or partial policy for excess coverage or equivalent
    42  excess coverage for the coverage period ending the  thirtieth  of  June,
    43  two thousand seventeen, shall be eligible to apply for such coverage for
    44  the coverage period beginning the first of July, two thousand seventeen;
    45  provided,  however,  if  the  total number of physicians or dentists for
    46  whom such excess coverage or equivalent excess  coverage  was  purchased
    47  for the policy year ending the thirtieth of June, two thousand seventeen
    48  exceeds the total number of physicians or dentists certified as eligible
    49  for the coverage period beginning the first of July, two thousand seven-
    50  teen,  then the general hospitals may certify additional eligible physi-
    51  cians or dentists in a number equal to such general  hospital's  propor-
    52  tional  share  of  the  total  number of physicians or dentists for whom
    53  excess coverage or equivalent excess coverage was purchased  with  funds
    54  available  in  the hospital excess liability pool as of the thirtieth of
    55  June, two thousand seventeen, as applied to the difference  between  the
    56  number  of  eligible physicians or dentists for whom a policy for excess

        S. 2007--B                         40                         A. 3007--B
 
     1  coverage or equivalent excess coverage was purchased  for  the  coverage
     2  period  ending  the  thirtieth  of  June, two thousand seventeen and the
     3  number of such eligible physicians or  dentists  who  have  applied  for
     4  excess  coverage  or  equivalent excess coverage for the coverage period
     5  beginning the first of July, two thousand seventeen.
     6    § 21. Section 2807-l of the public health law, as amended by section 7
     7  of part B of chapter 60 of the laws of  2014,  is  amended  to  read  as
     8  follows:
     9    § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
    10  lated  in the health care initiatives pools pursuant to paragraph (b) of
    11  subdivision nine of section twenty-eight hundred seven-j of  this  arti-
    12  cle,  or  the  health  care reform act (HCRA) resources fund established
    13  pursuant to section ninety-two-dd of the state finance law, whichever is
    14  applicable, including income from invested funds, shall  be  distributed
    15  or retained by the commissioner or by the state comptroller, as applica-
    16  ble, in accordance with the following.
    17    (a)  Funds  shall  be  reserved  and accumulated from year to year and
    18  shall be available, including income from invested funds,  for  purposes
    19  of  distributions  to programs to provide health care coverage for unin-
    20  sured or underinsured children pursuant to sections twenty-five  hundred
    21  ten  and  twenty-five hundred eleven of this chapter from the respective
    22  health care initiatives pools established for the following  periods  in
    23  the following amounts:
    24    (i) from the pool for the period January first, nineteen hundred nine-
    25  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    26  up to one hundred twenty million six hundred thousand dollars;
    27    (ii) from the pool for the  period  January  first,  nineteen  hundred
    28  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    29  eight, up to  one  hundred  sixty-four  million  five  hundred  thousand
    30  dollars;
    31    (iii)  from  the  pool  for the period January first, nineteen hundred
    32  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    33  up to one hundred eighty-one million dollars;
    34    (iv) from the pool for the period January first, two thousand  through
    35  December thirty-first, two thousand, two hundred seven million dollars;
    36    (v)  from  the  pool  for  the  period January first, two thousand one
    37  through December thirty-first, two thousand one, two hundred thirty-five
    38  million dollars;
    39    (vi) from the pool for the period  January  first,  two  thousand  two
    40  through  December  thirty-first, two thousand two, three hundred twenty-
    41  four million dollars;
    42    (vii) from the pool for the period January first, two  thousand  three
    43  through  December  thirty-first,  two thousand three, up to four hundred
    44  fifty million three hundred thousand dollars;
    45    (viii) from the pool for the period January first, two  thousand  four
    46  through  December  thirty-first,  two  thousand four, up to four hundred
    47  sixty million nine hundred thousand dollars;
    48    (ix) from the pool or the health  care  reform  act  (HCRA)  resources
    49  fund,  whichever  is applicable, for the period January first, two thou-
    50  sand five through December thirty-first, two thousand five,  up  to  one
    51  hundred fifty-three million eight hundred thousand dollars;
    52    (x)  from  the  health  care  reform act (HCRA) resources fund for the
    53  period January first, two thousand six  through  December  thirty-first,
    54  two  thousand  six, up to three hundred twenty-five million four hundred
    55  thousand dollars;

        S. 2007--B                         41                         A. 3007--B
 
     1    (xi) from the health care reform act (HCRA)  resources  fund  for  the
     2  period  January first, two thousand seven through December thirty-first,
     3  two thousand seven, up to four hundred twenty-eight  million  fifty-nine
     4  thousand dollars;
     5    (xii)  from  the  health care reform act (HCRA) resources fund for the
     6  period January first, two thousand eight through December  thirty-first,
     7  two  thousand  ten,  up  to four hundred fifty-three million six hundred
     8  seventy-four thousand dollars annually;
     9    (xiii) from the health care reform act (HCRA) resources fund  for  the
    10  period  January  first, two thousand eleven, through March thirty-first,
    11  two thousand eleven, up to one hundred  thirteen  million  four  hundred
    12  eighteen thousand dollars;
    13    (xiv)  from  the  health care reform act (HCRA) resources fund for the
    14  period April first, two thousand eleven, through March thirty-first, two
    15  thousand twelve, up to three hundred twenty-four million  seven  hundred
    16  forty-four thousand dollars;
    17    (xv)  from  the  health  care reform act (HCRA) resources fund for the
    18  period April first, two thousand twelve, through March thirty-first, two
    19  thousand thirteen, up to three hundred forty-six  million  four  hundred
    20  forty-four thousand dollars;
    21    (xvi)  from  the  health care reform act (HCRA) resources fund for the
    22  period April first, two thousand thirteen, through  March  thirty-first,
    23  two  thousand  fourteen, up to three hundred seventy million six hundred
    24  ninety-five thousand dollars; and
    25    (xvii) from the health care reform act (HCRA) resources fund for  each
    26  state  fiscal  year  for  periods on and after April first, two thousand
    27  fourteen, within amounts appropriated.
    28    (b) Funds shall be reserved and accumulated  from  year  to  year  and
    29  shall  be  available, including income from invested funds, for purposes
    30  of distributions for health  insurance  programs  under  the  individual
    31  subsidy programs established pursuant to the expanded health care cover-
    32  age  act of nineteen hundred eighty-eight as amended, and for evaluation
    33  of such programs from the respective health care  initiatives  pools  or
    34  the  health care reform act (HCRA) resources fund, whichever is applica-
    35  ble, established for the following periods in the following amounts:
    36    (i) (A) an amount not to exceed six million dollars on  an  annualized
    37  basis  for  the  periods  January  first,  nineteen hundred ninety-seven
    38  through December thirty-first, nineteen hundred ninety-nine; up  to  six
    39  million  dollars  for  the  period  January  first, two thousand through
    40  December thirty-first, two thousand; up to five million dollars for  the
    41  period  January  first,  two thousand one through December thirty-first,
    42  two thousand one; up to four million  dollars  for  the  period  January
    43  first, two thousand two through December thirty-first, two thousand two;
    44  up  to  two  million six hundred thousand dollars for the period January
    45  first, two thousand three through December  thirty-first,  two  thousand
    46  three;  up  to one million three hundred thousand dollars for the period
    47  January first, two thousand  four  through  December  thirty-first,  two
    48  thousand four; up to six hundred seventy thousand dollars for the period
    49  January  first,  two  thousand five through June thirtieth, two thousand
    50  five; up to one million three hundred thousand dollars  for  the  period
    51  April  first,  two thousand six through March thirty-first, two thousand
    52  seven; and up to one million three hundred thousand dollars annually for
    53  the period April first, two thousand seven through  March  thirty-first,
    54  two  thousand  nine,  shall be allocated to individual subsidy programs;
    55  and

        S. 2007--B                         42                         A. 3007--B
 
     1    (B) an amount not to exceed seven million  dollars  on  an  annualized
     2  basis  for the periods during the period January first, nineteen hundred
     3  ninety-seven through December thirty-first, nineteen hundred ninety-nine
     4  and four million dollars annually for the  periods  January  first,  two
     5  thousand  through  December  thirty-first,  two  thousand two, and three
     6  million dollars for the period January first, two thousand three through
     7  December thirty-first, two thousand three, and two million  dollars  for
     8  the  period  January  first,  two thousand four through December thirty-
     9  first, two thousand four, and two million dollars for the period January
    10  first, two thousand five through June thirtieth, two thousand five shall
    11  be allocated to the catastrophic health care expense program.
    12    (ii) Notwithstanding any law to the contrary, the characterizations of
    13  the New York state small business health insurance  partnership  program
    14  as  in  effect  prior  to  June  thirtieth,  two thousand three, voucher
    15  program as in effect prior to December thirty-first, two  thousand  one,
    16  individual  subsidy  program  as  in effect prior to June thirtieth, two
    17  thousand five, and catastrophic  health  care  expense  program,  as  in
    18  effect prior to June thirtieth, two thousand five, may, for the purposes
    19  of  identifying  matching funds for the community health care conversion
    20  demonstration project described in a waiver of the provisions  of  title
    21  XIX  of the federal social security act granted to the state of New York
    22  and dated July fifteenth, nineteen hundred ninety-seven, may continue to
    23  be used to characterize the insurance programs in sections four thousand
    24  three hundred twenty-one-a, four thousand  three  hundred  twenty-two-a,
    25  four  thousand  three hundred twenty-six and four thousand three hundred
    26  twenty-seven of the insurance law, which are successor programs to these
    27  programs.
    28    (c) Up to seventy-eight million dollars shall be reserved and  accumu-
    29  lated  from  year  to  year  from the pool for the period January first,
    30  nineteen hundred ninety-seven through  December  thirty-first,  nineteen
    31  hundred  ninety-seven,  for  purposes  of  public health programs, up to
    32  seventy-six million dollars shall be reserved and accumulated from  year
    33  to  year  from the pools for the periods January first, nineteen hundred
    34  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    35  eight  and  January first, nineteen hundred ninety-nine through December
    36  thirty-first, nineteen hundred ninety-nine, up  to  eighty-four  million
    37  dollars  shall  be  reserved  and accumulated from year to year from the
    38  pools for the period January first, two thousand through December  thir-
    39  ty-first,  two  thousand,  up  to  eighty-five  million dollars shall be
    40  reserved and accumulated from year to year from the pools for the period
    41  January first, two thousand one through December thirty-first, two thou-
    42  sand one, up to eighty-six million dollars shall be reserved and accumu-
    43  lated from year to year from the pools for the period January first, two
    44  thousand two through December thirty-first,  two  thousand  two,  up  to
    45  eighty-six  million one hundred fifty thousand dollars shall be reserved
    46  and accumulated from year to year from the pools for the period  January
    47  first,  two  thousand  three through December thirty-first, two thousand
    48  three, up to fifty-eight million seven hundred eighty  thousand  dollars
    49  shall  be  reserved and accumulated from year to year from the pools for
    50  the period January first, two thousand  four  through  December  thirty-
    51  first, two thousand four, up to sixty-eight million seven hundred thirty
    52  thousand  dollars  shall  be  reserved and accumulated from year to year
    53  from the pools or the health care  reform  act  (HCRA)  resources  fund,
    54  whichever is applicable, for the period January first, two thousand five
    55  through  December  thirty-first,  two  thousand  five, up to ninety-four
    56  million three hundred fifty thousand dollars shall be reserved and accu-

        S. 2007--B                         43                         A. 3007--B
 
     1  mulated from year to  year  from  the  health  care  reform  act  (HCRA)
     2  resources  fund  for  the period January first, two thousand six through
     3  December thirty-first, two thousand six,  up  to  seventy  million  nine
     4  hundred  thirty-nine  thousand dollars shall be reserved and accumulated
     5  from year to year from the health care reform act (HCRA) resources  fund
     6  for  the period January first, two thousand seven through December thir-
     7  ty-first, two thousand seven,  up  to  fifty-five  million  six  hundred
     8  eighty-nine  thousand dollars annually shall be reserved and accumulated
     9  from year to year from the health care reform act (HCRA) resources  fund
    10  for  the period January first, two thousand eight through December thir-
    11  ty-first, two thousand ten, up to thirteen million nine hundred  twenty-
    12  two thousand dollars shall be reserved and accumulated from year to year
    13  from  the  health  care  reform act (HCRA) resources fund for the period
    14  January first, two thousand eleven through March thirty-first, two thou-
    15  sand eleven, and for periods on and  after  April  first,  two  thousand
    16  eleven,  up  to  funding amounts specified below and shall be available,
    17  including income from invested funds, for:
    18    (i) deposit by the commissioner, within amounts appropriated, and  the
    19  state  comptroller  is  hereby  authorized  and  directed to receive for
    20  deposit to, to the credit of the department of health's special  revenue
    21  fund  -  other, hospital based grants program account or the health care
    22  reform act (HCRA) resources fund, whichever is applicable, for  purposes
    23  of  services  and  expenses  related  to  general  hospital  based grant
    24  programs, up to twenty-two million dollars annually  from  the  nineteen
    25  hundred  ninety-seven pool, nineteen hundred ninety-eight pool, nineteen
    26  hundred ninety-nine pool, two thousand pool, two thousand one  pool  and
    27  two  thousand  two  pool, respectively, up to twenty-two million dollars
    28  from the two thousand three pool, up to  ten  million  dollars  for  the
    29  period  January  first, two thousand four through December thirty-first,
    30  two thousand four, up to eleven million dollars for the  period  January
    31  first,  two  thousand  five  through December thirty-first, two thousand
    32  five, up to twenty-two million dollars for the period January first, two
    33  thousand six through December thirty-first,  two  thousand  six,  up  to
    34  twenty-two million ninety-seven thousand dollars annually for the period
    35  January  first,  two  thousand  seven through December thirty-first, two
    36  thousand ten, up to  five  million  five  hundred  twenty-four  thousand
    37  dollars  for the period January first, two thousand eleven through March
    38  thirty-first, two thousand eleven, up to thirteen million  four  hundred
    39  forty-five  thousand  dollars  for  the period April first, two thousand
    40  eleven through March thirty-first, two thousand twelve, and up to  thir-
    41  teen  million  three  hundred  seventy-five  thousand dollars each state
    42  fiscal year for the period April  first,  two  thousand  twelve  through
    43  March thirty-first, two thousand fourteen;
    44    (ii) deposit by the commissioner, within amounts appropriated, and the
    45  state  comptroller  is  hereby  authorized  and  directed to receive for
    46  deposit to, to the credit of the  emergency  medical  services  training
    47  account  established  in section ninety-seven-q of the state finance law
    48  or the health care reform act (HCRA) resources fund, whichever is appli-
    49  cable, up to sixteen million dollars on  an  annualized  basis  for  the
    50  periods  January  first,  nineteen hundred ninety-seven through December
    51  thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
    52  for the period January first,  two  thousand  through  December  thirty-
    53  first,  two  thousand,  up  to twenty-one million dollars for the period
    54  January first, two thousand one through December thirty-first, two thou-
    55  sand one, up to twenty-two million dollars for the period January first,
    56  two thousand two through December thirty-first, two thousand two, up  to

        S. 2007--B                         44                         A. 3007--B
 
     1  twenty-two  million  five  hundred fifty thousand dollars for the period
     2  January first, two thousand three  through  December  thirty-first,  two
     3  thousand  three,  up to nine million six hundred eighty thousand dollars
     4  for  the  period January first, two thousand four through December thir-
     5  ty-first, two thousand four, up to twelve  million  one  hundred  thirty
     6  thousand dollars for the period January first, two thousand five through
     7  December  thirty-first, two thousand five, up to twenty-four million two
     8  hundred fifty thousand dollars for the period January first,  two  thou-
     9  sand  six  through December thirty-first, two thousand six, up to twenty
    10  million four hundred ninety-two thousand dollars annually for the period
    11  January first, two thousand seven  through  December  thirty-first,  two
    12  thousand  ten,  up  to  five  million  one hundred twenty-three thousand
    13  dollars for the period January first, two thousand eleven through  March
    14  thirty-first,  two thousand eleven, up to eighteen million three hundred
    15  fifty thousand dollars for the period April first, two  thousand  eleven
    16  through  March thirty-first, two thousand twelve, up to eighteen million
    17  nine hundred fifty thousand dollars for  the  period  April  first,  two
    18  thousand twelve through March thirty-first, two thousand thirteen, up to
    19  nineteen  million  four hundred nineteen thousand dollars for the period
    20  April first, two thousand thirteen through March thirty-first, two thou-
    21  sand fourteen, and up to nineteen million six hundred  fifty-nine  thou-
    22  sand  seven  hundred  dollars  each  state fiscal year for the period of
    23  April first, two thousand fourteen through March thirty-first, two thou-
    24  sand [seventeen] twenty;
    25    (iii) priority distributions by  the  commissioner  up  to  thirty-two
    26  million dollars on an annualized basis for the period January first, two
    27  thousand  through  December thirty-first, two thousand four, up to thir-
    28  ty-eight million dollars on an annualized basis for the  period  January
    29  first,  two  thousand  five  through December thirty-first, two thousand
    30  six, up to eighteen million two hundred fifty thousand dollars  for  the
    31  period  January first, two thousand seven through December thirty-first,
    32  two thousand seven, up to three million dollars annually for the  period
    33  January  first,  two  thousand  eight through December thirty-first, two
    34  thousand ten, up to seven hundred fifty thousand dollars for the  period
    35  January first, two thousand eleven through March thirty-first, two thou-
    36  sand  eleven, up to two million nine hundred thousand dollars each state
    37  fiscal year for the period April  first,  two  thousand  eleven  through
    38  March  thirty-first,  two  thousand fourteen, and up to two million nine
    39  hundred thousand dollars each state fiscal year  for  the  period  April
    40  first,  two  thousand  fourteen through March thirty-first, two thousand
    41  [seventeen] twenty to be allocated  (A)  for  the  purposes  established
    42  pursuant  to  subparagraph (ii) of paragraph (f) of subdivision nineteen
    43  of section twenty-eight hundred seven-c of this article as in effect  on
    44  December thirty-first, nineteen hundred ninety-six and as may thereafter
    45  be amended, up to fifteen million dollars annually for the periods Janu-
    46  ary  first,  two  thousand  through  December thirty-first, two thousand
    47  four, up to twenty-one million dollars annually for the  period  January
    48  first,  two  thousand  five  through December thirty-first, two thousand
    49  six, and up to seven million five hundred thousand dollars for the peri-
    50  od January first, two thousand seven  through  March  thirty-first,  two
    51  thousand seven;
    52    (B)  pursuant  to  a  memorandum  of understanding entered into by the
    53  commissioner, the majority leader of the senate and the speaker  of  the
    54  assembly,  for  the purposes outlined in such memorandum upon the recom-
    55  mendation of the majority leader  of the senate,  up  to  eight  million
    56  five hundred thousand dollars annually for the period January first, two

        S. 2007--B                         45                         A. 3007--B
 
     1  thousand through December thirty-first, two thousand six, and up to four
     2  million two hundred fifty thousand dollars for the period January first,
     3  two  thousand  seven through June thirtieth, two thousand seven, and for
     4  the  purposes outlined in such memorandum upon the recommendation of the
     5  speaker of the assembly, up  to  eight  million  five  hundred  thousand
     6  dollars  annually  for  the  periods January first, two thousand through
     7  December thirty-first, two thousand six, and  up  to  four  million  two
     8  hundred  fifty  thousand dollars for the period January first, two thou-
     9  sand seven through June thirtieth, two thousand seven; and
    10    (C) for services and expenses, including grants, related to  emergency
    11  assistance  distributions  as  designated by the commissioner.  Notwith-
    12  standing section one hundred twelve or one hundred  sixty-three  of  the
    13  state  finance law or any other contrary provision of law, such distrib-
    14  utions shall be limited to providers or programs where, as determined by
    15  the commissioner, emergency assistance is vital to protect the  life  or
    16  safety  of  patients,  to ensure the retention of facility caregivers or
    17  other staff, or in instances where health facility operations are  jeop-
    18  ardized,  or  where  the public health is jeopardized or other emergency
    19  situations exist, up to three million dollars annually  for  the  period
    20  April first, two thousand seven through March thirty-first, two thousand
    21  eleven,  up  to  two  million  nine  hundred thousand dollars each state
    22  fiscal year for the period April  first,  two  thousand  eleven  through
    23  March  thirty-first, two thousand fourteen, [and] up to two million nine
    24  hundred thousand dollars each state fiscal year  for  the  period  April
    25  first,  two  thousand  fourteen through March thirty-first, two thousand
    26  seventeen, and up to two million  nine  hundred  thousand  dollars  each
    27  state  fiscal  year  for  the period April first, two thousand seventeen
    28  through March thirty-first, two thousand twenty. Upon  any  distribution
    29  of  such  funds, the commissioner shall immediately notify the chair and
    30  ranking minority member of the senate finance  committee,  the  assembly
    31  ways and means committee, the senate committee on health, and the assem-
    32  bly committee on health;
    33    (iv)  distributions  by  the  commissioner  related  to poison control
    34  centers pursuant to subdivision seven of section  twenty-five  hundred-d
    35  of  this  chapter,  up  to  five  million dollars for the period January
    36  first, nineteen  hundred  ninety-seven  through  December  thirty-first,
    37  nineteen hundred ninety-seven, up to three million dollars on an annual-
    38  ized  basis  for  the  periods during the period January first, nineteen
    39  hundred ninety-eight through  December  thirty-first,  nineteen  hundred
    40  ninety-nine, up to five million dollars annually for the periods January
    41  first,  two thousand through December thirty-first, two thousand two, up
    42  to four million six hundred thousand dollars annually  for  the  periods
    43  January  first,  two  thousand  three through December thirty-first, two
    44  thousand four, up to five million one hundred thousand dollars  for  the
    45  period  January  first, two thousand five through December thirty-first,
    46  two thousand six annually, up  to  five  million  one  hundred  thousand
    47  dollars  annually  for  the  period  January  first,  two thousand seven
    48  through December thirty-first, two thousand nine, up  to  three  million
    49  six  hundred thousand dollars for the period January first, two thousand
    50  ten through December thirty-first, two thousand ten, up to seven hundred
    51  seventy-five thousand dollars for the period January first, two thousand
    52  eleven through March  thirty-first,  two  thousand  eleven,  up  to  two
    53  million  five  hundred  thousand  dollars each state fiscal year for the
    54  period April first, two thousand eleven through March thirty-first,  two
    55  thousand  fourteen,  [and] up to three million dollars each state fiscal
    56  year for the period April first, two  thousand  fourteen  through  March

        S. 2007--B                         46                         A. 3007--B
 
     1  thirty-first,  two  thousand  seventeen, and up to three million dollars
     2  each state fiscal year for the period April first, two  thousand  seven-
     3  teen through March thirty-first, two thousand twenty; and
     4    (v)  deposit by the commissioner, within amounts appropriated, and the
     5  state comptroller is hereby  authorized  and  directed  to  receive  for
     6  deposit  to, to the credit of the department of health's special revenue
     7  fund - other, miscellaneous special revenue  fund  -  339  maternal  and
     8  child  HIV  services  account  or  the  health  care  reform  act (HCRA)
     9  resources fund, whichever is  applicable,  for  purposes  of  a  special
    10  program  for  HIV services for women and children, including adolescents
    11  pursuant to section twenty-five hundred-f-one of  this  chapter,  up  to
    12  five  million  dollars annually for the periods January first, two thou-
    13  sand through December thirty-first, two thousand two, up to five million
    14  dollars for the period January first, two thousand three through  Decem-
    15  ber  thirty-first,  two  thousand  three, up to two million five hundred
    16  thousand dollars for the period January first, two thousand four through
    17  December thirty-first, two thousand four, up to two million five hundred
    18  thousand dollars for the period January first, two thousand five through
    19  December thirty-first, two thousand five, up to five million dollars for
    20  the period January first, two  thousand  six  through  December  thirty-
    21  first,  two  thousand  six,  up to five million dollars annually for the
    22  period January first, two thousand seven through December  thirty-first,
    23  two  thousand  ten, up to one million two hundred fifty thousand dollars
    24  for the period January first, two thousand eleven through March  thirty-
    25  first,  two  thousand  eleven, and up to five million dollars each state
    26  fiscal year for the period April  first,  two  thousand  eleven  through
    27  March thirty-first, two thousand fourteen;
    28    (d)  (i)  An  amount  of up to twenty million dollars annually for the
    29  period January first, two thousand through  December  thirty-first,  two
    30  thousand  six,  up  to ten million dollars for the period January first,
    31  two thousand seven through June thirtieth, two  thousand  seven,  up  to
    32  twenty  million dollars annually for the period January first, two thou-
    33  sand eight through December thirty-first, two thousand ten, up  to  five
    34  million  dollars  for  the  period  January  first,  two thousand eleven
    35  through March thirty-first, two thousand eleven, up to nineteen  million
    36  six hundred thousand dollars each state fiscal year for the period April
    37  first,  two  thousand  eleven  through  March thirty-first, two thousand
    38  fourteen, [and] up to nineteen million six hundred thousand dollars each
    39  state fiscal year for the period  April  first,  two  thousand  fourteen
    40  through  March  thirty-first, two thousand seventeen, and up to nineteen
    41  million six hundred thousand dollars each  state  fiscal  year  for  the
    42  period  of  April  first,  two  thousand seventeen through March thirty-
    43  first, two thousand twenty, shall be transferred to the health  facility
    44  restructuring  pool established pursuant to section twenty-eight hundred
    45  fifteen of this article;
    46    (ii) provided, however, amounts transferred pursuant  to  subparagraph
    47  (i)  of this paragraph may be reduced in an amount to be approved by the
    48  director of the budget to reflect the amount received from  the  federal
    49  government  under  the  state's  1115 waiver which is directed under its
    50  terms and conditions to the health facility restructuring program.
    51    (e) Funds shall be reserved and accumulated  from  year  to  year  and
    52  shall  be available,  including income from invested funds, for purposes
    53  of distributions  to  organizations  to  support  the  health  workforce
    54  retraining  program established pursuant to section twenty-eight hundred
    55  seven-g of this  article from the  respective  health  care  initiatives
    56  pools  established  for  the  following periods in the following amounts

        S. 2007--B                         47                         A. 3007--B
 
     1  from the pools or the health care  reform  act  (HCRA)  resources  fund,
     2  whichever  is  applicable,  during  the  period  January first, nineteen
     3  hundred ninety-seven through  December  thirty-first,  nineteen  hundred
     4  ninety-nine,  up  to fifty million dollars on an annualized basis, up to
     5  thirty million dollars  for  the  period  January  first,  two  thousand
     6  through December thirty-first, two thousand, up to forty million dollars
     7  for  the period January first, two thousand one through December thirty-
     8  first, two thousand one, up to fifty  million  dollars  for  the  period
     9  January first, two thousand two through December thirty-first, two thou-
    10  sand two, up to forty-one million one hundred fifty thousand dollars for
    11  the  period  January  first, two thousand three through December thirty-
    12  first, two thousand three, up to forty-one  million  one  hundred  fifty
    13  thousand dollars for the period January first, two thousand four through
    14  December  thirty-first,  two  thousand  four,  up to fifty-eight million
    15  three hundred sixty thousand dollars for the period January  first,  two
    16  thousand  five  through  December thirty-first, two thousand five, up to
    17  fifty-two million three hundred sixty thousand dollars  for  the  period
    18  January first, two thousand six through December thirty-first, two thou-
    19  sand  six, up to thirty-five million four hundred thousand dollars annu-
    20  ally for the period January first, two thousand seven  through  December
    21  thirty-first,  two thousand ten, up to eight million eight hundred fifty
    22  thousand dollars for the  period  January  first,  two  thousand  eleven
    23  through  March  thirty-first,  two  thousand  eleven, up to twenty-eight
    24  million four hundred thousand dollars each state  fiscal  year  for  the
    25  period  April first, two thousand eleven through March thirty-first, two
    26  thousand fourteen, [and] up to twenty-six million eight  hundred  seven-
    27  teen thousand dollars each state fiscal year for the period April first,
    28  two   thousand   fourteen   through  March  thirty-first,  two  thousand
    29  seventeen, and up to twenty-six million eight hundred seventeen thousand
    30  dollars each state fiscal year for the period April first, two  thousand
    31  seventeen  through  March  thirty-first,  two  thousand twenty, less the
    32  amount of funds available for allocations for rate adjustments for work-
    33  force training programs for payments by state governmental agencies  for
    34  inpatient hospital services.
    35    (f) Funds shall be accumulated and transferred from as follows:
    36    (i) from the pool for the period January first, nineteen hundred nine-
    37  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    38  (A) thirty-four million  six hundred thousand dollars  shall  be  trans-
    39  ferred  to  funds  reserved and accumulated pursuant to paragraph (b) of
    40  subdivision nineteen of section twenty-eight  hundred  seven-c  of  this
    41  article,  and  (B)  eighty-two  million dollars shall be transferred and
    42  deposited and credited to the credit of the state general  fund  medical
    43  assistance local assistance account;
    44    (ii)  from  the  pool  for  the period January first, nineteen hundred
    45  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    46  eight, eighty-two million dollars shall be transferred and deposited and
    47  credited  to  the  credit  of  the state general fund medical assistance
    48  local assistance account;
    49    (iii) from the pool for the period  January  first,  nineteen  hundred
    50  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    51  eighty-two  million dollars shall be transferred and deposited and cred-
    52  ited to the credit of the state general fund  medical  assistance  local
    53  assistance account;
    54    (iv)  from  the  pool  or  the health care reform act (HCRA) resources
    55  fund, whichever is applicable, for the period January first,  two  thou-
    56  sand  through  December  thirty-first,  two  thousand  four,  eighty-two

        S. 2007--B                         48                         A. 3007--B
 
     1  million dollars annually, and for the period January first, two thousand
     2  five  through  December  thirty-first,  two  thousand  five,  eighty-two
     3  million  dollars,  and  for  the  period January first, two thousand six
     4  through  December  thirty-first,  two  thousand  six, eighty-two million
     5  dollars, and for the period January first, two  thousand  seven  through
     6  December  thirty-first,  two thousand seven, eighty-two million dollars,
     7  and for the period January first, two thousand  eight  through  December
     8  thirty-first,  two thousand eight, ninety million seven hundred thousand
     9  dollars shall be deposited by the  commissioner,  and  the  state  comp-
    10  troller  is hereby authorized and directed to receive for deposit to the
    11  credit of the state special revenue fund - other,  HCRA  transfer  fund,
    12  medical assistance account;
    13    (v)  from  the  health  care  reform act (HCRA) resources fund for the
    14  period January first, two thousand nine through  December  thirty-first,
    15  two  thousand  nine, one hundred eight million nine hundred seventy-five
    16  thousand dollars, and for the period January  first,  two  thousand  ten
    17  through  December thirty-first, two thousand ten, one hundred twenty-six
    18  million one hundred thousand dollars, for the period January first,  two
    19  thousand  eleven through March thirty-first, two thousand eleven, twenty
    20  million five hundred thousand dollars, and for each  state  fiscal  year
    21  for  the  period  April first, two thousand eleven through March thirty-
    22  first, two thousand fourteen, one hundred forty-six million four hundred
    23  thousand dollars, shall be deposited by the commissioner, and the  state
    24  comptroller is hereby authorized and directed to receive for deposit, to
    25  the  credit  of  the  state  special revenue fund - other, HCRA transfer
    26  fund, medical assistance account.
    27    (g) Funds shall be transferred to primary health care  services  pools
    28  created  by  the  commissioner, and shall be available, including income
    29  from invested funds, for distributions in accordance with former section
    30  twenty-eight hundred seven-bb of this article from the respective health
    31  care initiatives pools  for  the  following  periods  in  the  following
    32  percentage  amounts  of  funds remaining after allocations in accordance
    33  with paragraphs (a) through (f) of this subdivision:
    34    (i) from the pool for the period January first, nineteen hundred nine-
    35  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    36  fifteen and eighty-seven-hundredths percent;
    37    (ii)  from  the  pool  for  the period January first, nineteen hundred
    38  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    39  eight, fifteen and eighty-seven-hundredths percent; and
    40    (iii)  from  the  pool  for the period January first, nineteen hundred
    41  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    42  sixteen and thirteen-hundredths percent.
    43    (h) Funds shall be reserved and accumulated from year to year  by  the
    44  commissioner  and  shall  be  available,  including income from invested
    45  funds, for purposes of primary care education and training  pursuant  to
    46  article nine of this chapter from the respective health care initiatives
    47  pools  established for the following periods in the following percentage
    48  amounts of funds remaining after allocations in  accordance  with  para-
    49  graphs  (a)  through  (f) of this subdivision and shall be available for
    50  distributions as follows:
    51    (i) funds shall be reserved and accumulated:
    52    (A) from the pool for the period January first, nineteen hundred nine-
    53  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    54  six and thirty-five-hundredths percent;

        S. 2007--B                         49                         A. 3007--B
 
     1    (B) from the pool for the period January first, nineteen hundred nine-
     2  ty-eight  through  December thirty-first, nineteen hundred ninety-eight,
     3  six and thirty-five-hundredths percent; and
     4    (C) from the pool for the period January first, nineteen hundred nine-
     5  ty-nine through December thirty-first, nineteen hundred ninety-nine, six
     6  and forty-five-hundredths percent;
     7    (ii)  funds shall be available for distributions including income from
     8  invested funds as follows:
     9    (A) for purposes of the primary care physician loan repayment  program
    10  in  accordance  with  section  nine hundred three of this chapter, up to
    11  five million dollars on an annualized basis;
    12    (B) for purposes of the primary care practitioner scholarship  program
    13  in  accordance with section nine hundred four of this chapter, up to two
    14  million dollars on an annualized basis;
    15    (C) for purposes of minority participation in medical education grants
    16  in accordance with section nine hundred six of this chapter, up  to  one
    17  million dollars on an annualized basis; and
    18    (D)  provided, however, that the commissioner may reallocate any funds
    19  remaining or unallocated for distributions for the primary care  practi-
    20  tioner  scholarship program in accordance with section nine hundred four
    21  of this chapter.
    22    (i) Funds shall be reserved and accumulated  from  year  to  year  and
    23  shall  be  available, including income from invested funds, for distrib-
    24  utions in accordance with  section  twenty-nine  hundred  fifty-two  and
    25  section twenty-nine hundred fifty-eight of this chapter for rural health
    26  care  delivery  development  and  rural  health care access development,
    27  respectively, from the respective health care initiatives pools  or  the
    28  health  care  reform act (HCRA) resources fund, whichever is applicable,
    29  for the following periods in the following percentage amounts  of  funds
    30  remaining  after  allocations  in accordance with paragraphs (a) through
    31  (f) of this subdivision, and for periods on and after January first, two
    32  thousand, in the following amounts:
    33    (i) from the pool for the period January first, nineteen hundred nine-
    34  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    35  thirteen and forty-nine-hundredths percent;
    36    (ii)  from  the  pool  for  the period January first, nineteen hundred
    37  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    38  eight, thirteen and forty-nine-hundredths percent;
    39    (iii)  from  the  pool  for the period January first, nineteen hundred
    40  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    41  thirteen and seventy-one-hundredths percent;
    42    (iv) from the pool for the periods January first, two thousand through
    43  December thirty-first, two thousand two, seventeen million dollars annu-
    44  ally, and for the period  January  first,  two  thousand  three  through
    45  December  thirty-first,  two thousand three, up to fifteen million eight
    46  hundred fifty thousand dollars;
    47    (v) from the pool or the health care reform act (HCRA) resources fund,
    48  whichever is applicable, for the period January first, two thousand four
    49  through December thirty-first, two thousand four, up to fifteen  million
    50  eight  hundred fifty thousand dollars, for the period January first, two
    51  thousand five through December thirty-first, two thousand  five,  up  to
    52  nineteen  million  two  hundred thousand dollars, for the period January
    53  first, two thousand six through December thirty-first, two thousand six,
    54  up to nineteen million two hundred  thousand  dollars,  for  the  period
    55  January  first,  two  thousand  seven through December thirty-first, two
    56  thousand ten, up to eighteen million one hundred fifty thousand  dollars

        S. 2007--B                         50                         A. 3007--B
 
     1  annually,  for  the  period  January  first, two thousand eleven through
     2  March thirty-first, two thousand eleven, up to four million five hundred
     3  thirty-eight thousand dollars, for each state fiscal year for the period
     4  April  first,  two thousand eleven through March thirty-first, two thou-
     5  sand fourteen, up to sixteen million two hundred thousand dollars, [and]
     6  up to sixteen million two hundred thousand  dollars  each  state  fiscal
     7  year  for  the  period  April first, two thousand fourteen through March
     8  thirty-first, two thousand seventeen, and  up  to  sixteen  million  two
     9  hundred  thousand  dollars  each  state fiscal year for the period April
    10  first, two thousand seventeen through March thirty-first,  two  thousand
    11  twenty.
    12    (j)  Funds  shall  be  reserved  and accumulated from year to year and
    13  shall be available, including income from invested funds,  for  purposes
    14  of  distributions  related to health information and health care quality
    15  improvement pursuant to former section twenty-eight hundred  seven-n  of
    16  this  article  from  the respective health care initiatives pools estab-
    17  lished for the following periods in the following percentage amounts  of
    18  funds  remaining  after  allocations  in  accordance with paragraphs (a)
    19  through (f) of this subdivision:
    20    (i) from the pool for the period January first, nineteen hundred nine-
    21  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    22  six and thirty-five-hundredths percent;
    23    (ii)  from  the  pool  for  the period January first, nineteen hundred
    24  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    25  eight, six and thirty-five-hundredths percent; and
    26    (iii)  from  the  pool  for the period January first, nineteen hundred
    27  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    28  six and forty-five-hundredths percent.
    29    (k) Funds shall be reserved and accumulated  from  year  to  year  and
    30  shall  be  available,  including  income  from invested funds, for allo-
    31  cations  and  distributions  in  accordance  with  section  twenty-eight
    32  hundred  seven-p  of  this  article  for diagnostic and treatment center
    33  uncompensated care from the respective health care initiatives pools  or
    34  the  health care reform act (HCRA) resources fund, whichever is applica-
    35  ble, for the following periods in the following percentage   amounts  of
    36  funds  remaining  after  allocations  in  accordance with paragraphs (a)
    37  through (f) of this subdivision, and for periods on  and  after  January
    38  first, two thousand, in the following amounts:
    39    (i) from the pool for the period January first, nineteen hundred nine-
    40  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    41  thirty-eight and one-tenth percent;
    42    (ii) from the pool for the  period  January  first,  nineteen  hundred
    43  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    44  eight, thirty-eight and one-tenth percent;
    45    (iii) from the pool for the period  January  first,  nineteen  hundred
    46  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    47  thirty-eight and seventy-one-hundredths percent;
    48    (iv) from the pool for the periods January first, two thousand through
    49  December  thirty-first,  two  thousand  two, forty-eight million dollars
    50  annually, and for the period January first, two thousand  three  through
    51  June thirtieth, two thousand three, twenty-four million dollars;
    52    (v)  (A)  from the pool or the health care reform act (HCRA) resources
    53  fund, whichever is applicable, for the period July first,  two  thousand
    54  three  through  December  thirty-first,  two  thousand  three, up to six
    55  million dollars, for the period January first, two thousand four through
    56  December thirty-first, two thousand six, up to  twelve  million  dollars

        S. 2007--B                         51                         A. 3007--B
 
     1  annually,  for  the  period  January  first,  two thousand seven through
     2  December thirty-first, two thousand thirteen, up to forty-eight  million
     3  dollars  annually,  for  the period January first, two thousand fourteen
     4  through  March thirty-first, two thousand fourteen, up to twelve million
     5  dollars [and] for the period April first, two thousand fourteen  through
     6  March  thirty-first,  two  thousand seventeen, up to forty-eight million
     7  dollars annually, and for the period April first, two thousand seventeen
     8  through March thirty-first,  two  thousand  twenty,  up  to  forty-eight
     9  million dollars annually;
    10    (B)  from  the  health  care  reform act (HCRA) resources fund for the
    11  period January first, two thousand six  through  December  thirty-first,
    12  two  thousand  six,  an  additional  seven million five hundred thousand
    13  dollars, for the period January first, two thousand seven through Decem-
    14  ber thirty-first, two thousand thirteen,  an  additional  seven  million
    15  five  hundred  thousand  dollars annually, for the period January first,
    16  two thousand fourteen through March thirty-first, two thousand fourteen,
    17  an additional one million eight hundred seventy-five  thousand  dollars,
    18  [and]  for  the  period April first, two thousand fourteen through March
    19  thirty-first, two thousand seventeen, an additional seven  million  five
    20  hundred  thousand  dollars annually, and for the period April first, two
    21  thousand seventeen through March thirty-first, two thousand  twenty,  an
    22  additional  seven  million  five  hundred  thousand dollars annually for
    23  voluntary non-profit diagnostic and treatment center uncompensated  care
    24  in  accordance  with  subdivision four-c of section twenty-eight hundred
    25  seven-p of this article; and
    26    (vi) funds reserved and accumulated pursuant  to  this  paragraph  for
    27  periods  on and after July first, two thousand three, shall be deposited
    28  by the commissioner, within amounts appropriated, and  the  state  comp-
    29  troller  is hereby authorized and directed to receive for deposit to the
    30  credit of the state special revenue funds - other, HCRA  transfer  fund,
    31  medical  assistance  account, for purposes of funding the state share of
    32  rate adjustments made pursuant to section twenty-eight  hundred  seven-p
    33  of  this article, provided, however, that in the event federal financial
    34  participation is not available for rate  adjustments  made  pursuant  to
    35  paragraph (b) of subdivision one of section twenty-eight hundred seven-p
    36  of this article, funds shall be distributed pursuant to paragraph (a) of
    37  subdivision  one of section twenty-eight hundred seven-p of this article
    38  from the respective health care initiatives pools  or  the  health  care
    39  reform act (HCRA) resources fund, whichever is applicable.
    40    (l)  Funds  shall be reserved and accumulated from year to year by the
    41  commissioner and shall be  available,  including  income  from  invested
    42  funds, for transfer to and allocation  for services and expenses for the
    43  payment  of benefits to recipients of  drugs under the AIDS drug assist-
    44  ance program (ADAP) - HIV uninsured  care  program  as  administered  by
    45  Health  Research  Incorporated  from  the respective  health care initi-
    46  atives pools or the health care reform act (HCRA) resources fund, which-
    47  ever is applicable, established for the following periods in the follow-
    48  ing  percentage  amounts  of  funds  remaining  after   allocations   in
    49  accordance  with paragraphs (a) through (f) of this subdivision, and for
    50  periods on and after January  first,  two  thousand,  in  the  following
    51  amounts:
    52    (i) from the pool for the period January first, nineteen hundred nine-
    53  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    54  nine and fifty-two-hundredths percent;

        S. 2007--B                         52                         A. 3007--B
 
     1    (ii) from the pool for the  period  January  first,  nineteen  hundred
     2  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
     3  eight, nine and fifty-two-hundredths percent;
     4    (iii)  from  the  pool  for the period January first, nineteen hundred
     5  ninety-nine and December  thirty-first,  nineteen  hundred  ninety-nine,
     6  nine and sixty-eight-hundredths percent;
     7    (iv) from the pool for the periods January first, two thousand through
     8  December  thirty-first,  two  thousand two, up to twelve million dollars
     9  annually, and for the period January first, two thousand  three  through
    10  December  thirty-first, two thousand three, up to forty million dollars;
    11  and
    12    (v) from the pool or the health care reform act (HCRA) resources fund,
    13  whichever is applicable, for the periods  January  first,  two  thousand
    14  four  through  December thirty-first, two thousand four, up to fifty-six
    15  million dollars, for the period January first, two thousand five through
    16  December thirty-first, two thousand six, up  to  sixty  million  dollars
    17  annually,  for  the  period  January  first,  two thousand seven through
    18  December thirty-first, two thousand ten, up  to  sixty  million  dollars
    19  annually,  for  the  period  January  first, two thousand eleven through
    20  March thirty-first, two thousand eleven, up to fifteen million  dollars,
    21  each  state  fiscal year for the period April first, two thousand eleven
    22  through March thirty-first,  two  thousand  fourteen,  up  to  forty-two
    23  million three hundred thousand dollars and up to forty-one million fifty
    24  thousand  dollars each state fiscal year for the period April first, two
    25  thousand fourteen through March thirty-first, two  thousand  [seventeen]
    26  twenty.
    27    (m)  Funds  shall  be  reserved  and accumulated from year to year and
    28  shall be available, including income from invested funds,  for  purposes
    29  of  distributions  pursuant  to  section twenty-eight hundred seven-r of
    30  this article for cancer related services from the respective health care
    31  initiatives pools or the health care reform act (HCRA)  resources  fund,
    32  whichever  is  applicable,  established for the following periods in the
    33  following percentage amounts of funds  remaining  after  allocations  in
    34  accordance  with paragraphs (a) through (f) of this subdivision, and for
    35  periods on and after January  first,  two  thousand,  in  the  following
    36  amounts:
    37    (i) from the pool for the period January first, nineteen hundred nine-
    38  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    39  seven and ninety-four-hundredths percent;
    40    (ii) from the pool for the  period  January  first,  nineteen  hundred
    41  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    42  eight, seven and ninety-four-hundredths percent;
    43    (iii) from the pool for the period  January  first,  nineteen  hundred
    44  ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
    45  and forty-five-hundredths percent;
    46    (iv)  from the pool for the period January first, two thousand through
    47  December thirty-first, two thousand two, up to ten million dollars on an
    48  annual basis;
    49    (v) from the pool for the period January  first,  two  thousand  three
    50  through  December  thirty-first,  two thousand four, up to eight million
    51  nine hundred fifty thousand dollars on an annual basis;
    52    (vi) from the pool or the health  care  reform  act  (HCRA)  resources
    53  fund,  whichever  is applicable, for the period January first, two thou-
    54  sand five through December thirty-first, two thousand  six,  up  to  ten
    55  million  fifty thousand dollars on an annual basis, for the period Janu-
    56  ary first, two thousand seven through December thirty-first,  two  thou-

        S. 2007--B                         53                         A. 3007--B
 
     1  sand  ten,  up  to nineteen million dollars annually, and for the period
     2  January first, two thousand eleven through March thirty-first, two thou-
     3  sand eleven, up to four million seven hundred fifty thousand dollars.
     4    (n)  Funds  shall  be accumulated and transferred from the health care
     5  reform act (HCRA) resources fund as follows: for the period April first,
     6  two thousand seven through March thirty-first, two thousand  eight,  and
     7  on  an  annual  basis  for  the  periods April first, two thousand eight
     8  through November thirtieth, two  thousand  nine,  funds  within  amounts
     9  appropriated  shall  be  transferred  and  deposited and credited to the
    10  credit of the state special revenue funds - other, HCRA  transfer  fund,
    11  medical  assistance  account, for purposes of funding the state share of
    12  rate adjustments made to public and voluntary  hospitals  in  accordance
    13  with  paragraphs  (i) and (j) of subdivision one of section twenty-eight
    14  hundred seven-c of this article.
    15    2. Notwithstanding any inconsistent provision of law,  rule  or  regu-
    16  lation,  any  funds  accumulated  in  the  health care initiatives pools
    17  pursuant to paragraph (b) of subdivision nine  of  section  twenty-eight
    18  hundred  seven-j of this article, as a result of surcharges, assessments
    19  or other obligations during the periods January first, nineteen  hundred
    20  ninety-seven  through  December  thirty-first,  nineteen hundred ninety-
    21  nine, which are unused or uncommitted for distributions pursuant to this
    22  section shall be reserved and accumulated  from  year  to  year  by  the
    23  commissioner and, within amounts appropriated, transferred and deposited
    24  into  the  special  revenue funds - other, miscellaneous special revenue
    25  fund - 339, child health insurance account  or  any  successor  fund  or
    26  account,  for  purposes  of  distributions to implement the child health
    27  insurance program established pursuant to sections  twenty-five  hundred
    28  ten  and  twenty-five  hundred eleven of this chapter for periods on and
    29  after January first, two thousand one; provided, however, funds reserved
    30  and accumulated for  priority  distributions  pursuant  to  subparagraph
    31  (iii)  of  paragraph (c) of subdivision one of this section shall not be
    32  transferred and deposited into such account pursuant  to  this  subdivi-
    33  sion; and provided further, however, that any unused or uncommitted pool
    34  funds accumulated and allocated pursuant to paragraph (j) of subdivision
    35  one  of  this  section  shall  be distributed for purposes of the health
    36  information and quality improvement act of 2000.
    37    3. Revenue from distributions pursuant to this section  shall  not  be
    38  included  in  gross  revenue  received  for  purposes of the assessments
    39  pursuant to subdivision eighteen of section twenty-eight hundred seven-c
    40  of this article, subject to the provisions of paragraph (e) of  subdivi-
    41  sion  eighteen  of section twenty-eight hundred seven-c of this article,
    42  and shall not be included in gross revenue received for purposes of  the
    43  assessments  pursuant  to  section  twenty-eight hundred seven-d of this
    44  article, subject to the provisions  of  subdivision  twelve  of  section
    45  twenty-eight hundred seven-d of this article.
    46    § 22. Section 2807-v of the public health law, as amended by section 8
    47  of  part  B  of  chapter  60  of the laws of 2014, is amended to read as
    48  follows:
    49    § 2807-v. Tobacco control  and  insurance  initiatives  pool  distrib-
    50  utions.    1.  Funds  accumulated  in  the tobacco control and insurance
    51  initiatives pool or in the health care reform act (HCRA) resources  fund
    52  established  pursuant to section ninety-two-dd of the state finance law,
    53  whichever is applicable, including income from invested funds, shall  be
    54  distributed or retained by the commissioner or by the state comptroller,
    55  as applicable, in accordance with the following:

        S. 2007--B                         54                         A. 3007--B
 
     1    (a)  Funds  shall  be  deposited  by  the commissioner, within amounts
     2  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     3  directed  to  receive  for  deposit  to  the credit of the state special
     4  revenue funds - other, HCRA transfer fund, medicaid  fraud  hotline  and
     5  medicaid  administration  account, or any successor fund or account, for
     6  purposes of services and expenses  related  to  the  toll-free  medicaid
     7  fraud hotline established pursuant to section one hundred eight of chap-
     8  ter  one  of  the  laws of nineteen hundred ninety-nine from the tobacco
     9  control and insurance initiatives pool  established  for  the  following
    10  periods in the following amounts: four hundred thousand dollars annually
    11  for  the  periods  January  first, two thousand through December thirty-
    12  first, two thousand two, up to four hundred  thousand  dollars  for  the
    13  period  January first, two thousand three through December thirty-first,
    14  two thousand three, up to four hundred thousand dollars for  the  period
    15  January  first,  two  thousand  four  through December thirty-first, two
    16  thousand four, up to four hundred thousand dollars for the period  Janu-
    17  ary first, two thousand five through December thirty-first, two thousand
    18  five,  up to four hundred thousand dollars for the period January first,
    19  two thousand six through December thirty-first, two thousand six, up  to
    20  four hundred thousand dollars for the period January first, two thousand
    21  seven  through  December  thirty-first,  two  thousand seven, up to four
    22  hundred thousand dollars for the  period  January  first,  two  thousand
    23  eight  through  December  thirty-first,  two  thousand eight, up to four
    24  hundred thousand dollars for the period January first, two thousand nine
    25  through December thirty-first, two thousand nine,  up  to  four  hundred
    26  thousand  dollars for the period January first, two thousand ten through
    27  December thirty-first, two thousand ten,  up  to  one  hundred  thousand
    28  dollars  for the period January first, two thousand eleven through March
    29  thirty-first, two thousand eleven and within amounts appropriated on and
    30  after April first, two thousand eleven.
    31    (b) Funds shall be reserved and accumulated  from  year  to  year  and
    32  shall  be  available, including income from invested funds, for purposes
    33  of payment of audits or audit contracts necessary to determine payor and
    34  provider compliance with requirements set forth in sections twenty-eight
    35  hundred seven-j, twenty-eight hundred seven-s and  twenty-eight  hundred
    36  seven-t  of  this  article from the tobacco control and insurance initi-
    37  atives pool established for  the  following  periods  in  the  following
    38  amounts:  five  million  six  hundred  thousand dollars annually for the
    39  periods January first, two thousand through December  thirty-first,  two
    40  thousand  two,  up to five million dollars for the period January first,
    41  two thousand three through December thirty-first, two thousand three, up
    42  to five million dollars for the period January first, two thousand  four
    43  through  December  thirty-first,  two  thousand four, up to five million
    44  dollars for the period January first, two thousand five through December
    45  thirty first, two thousand five, up to  five  million  dollars  for  the
    46  period  January  first,  two thousand six through December thirty-first,
    47  two thousand six, up to seven million eight hundred thousand dollars for
    48  the period January first, two thousand seven  through  December  thirty-
    49  first,  two  thousand seven, and up to eight million three hundred twen-
    50  ty-five thousand dollars for the  period  January  first,  two  thousand
    51  eight  through  December  thirty-first,  two thousand eight, up to eight
    52  million five hundred thousand dollars for the period January first,  two
    53  thousand  nine  through  December thirty-first, two thousand nine, up to
    54  eight million five hundred  thousand  dollars  for  the  period  January
    55  first, two thousand ten through December thirty-first, two thousand ten,
    56  up to two million one hundred twenty-five thousand dollars for the peri-

        S. 2007--B                         55                         A. 3007--B
 
     1  od  January  first,  two thousand eleven through March thirty-first, two
     2  thousand eleven, up to fourteen million seven hundred  thousand  dollars
     3  each  state  fiscal year for the period April first, two thousand eleven
     4  through  March  thirty-first,  two thousand fourteen, [and] up to eleven
     5  million one hundred thousand dollars each  state  fiscal  year  for  the
     6  period  April  first,  two thousand fourteen through March thirty-first,
     7  two thousand seventeen, and up to eleven million  one  hundred  thousand
     8  dollars  each state fiscal year for the period April first, two thousand
     9  seventeen through March thirty-first, two thousand twenty.
    10    (c) Funds shall be  deposited  by  the  commissioner,  within  amounts
    11  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    12  directed to receive for deposit to  the  credit  of  the  state  special
    13  revenue  funds  - other, HCRA transfer fund, enhanced community services
    14  account, or any successor fund or account, for  mental  health  services
    15  programs for case management services for adults and children; supported
    16  housing;  home  and community based waiver services; family based treat-
    17  ment; family support services; mobile mental health teams;  transitional
    18  housing; and community oversight, established pursuant to articles seven
    19  and  forty-one of the mental hygiene law and subdivision nine of section
    20  three hundred sixty-six of the social services law; and  for  comprehen-
    21  sive  care  centers  for eating disorders pursuant to the former section
    22  twenty-seven hundred ninety-nine-l of  this  chapter,  provided  however
    23  that,  for  such  centers,  funds in the amount of five hundred thousand
    24  dollars on an annualized basis shall be transferred  from  the  enhanced
    25  community services account, or any successor fund or account, and depos-
    26  ited  into  the  fund  established by section ninety-five-e of the state
    27  finance law; from the tobacco control  and  insurance  initiatives  pool
    28  established for the following periods in the following amounts:
    29    (i)  forty-eight million dollars to be reserved, to be retained or for
    30  distribution pursuant to a chapter of the laws of two thousand, for  the
    31  period  January  first,  two thousand through December thirty-first, two
    32  thousand;
    33    (ii) eighty-seven million dollars to be reserved, to  be  retained  or
    34  for  distribution pursuant to a chapter of the laws of two thousand one,
    35  for the period January first, two thousand one through December  thirty-
    36  first, two thousand one;
    37    (iii)  eighty-seven  million dollars to be reserved, to be retained or
    38  for distribution pursuant to a chapter of the laws of two thousand  two,
    39  for  the period January first, two thousand two through December thirty-
    40  first, two thousand two;
    41    (iv) eighty-eight million dollars to be reserved, to  be  retained  or
    42  for  distribution  pursuant  to  a  chapter  of the laws of two thousand
    43  three, for the period January first, two thousand three through December
    44  thirty-first, two thousand three;
    45    (v) eighty-eight million dollars, plus five hundred thousand  dollars,
    46  to be reserved, to be retained or for distribution pursuant to a chapter
    47  of  the  laws  of  two thousand four, and pursuant to the former section
    48  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
    49  ary first, two thousand four through December thirty-first, two thousand
    50  four;
    51    (vi) eighty-eight million dollars, plus five hundred thousand dollars,
    52  to be reserved, to be retained or for distribution pursuant to a chapter
    53  of the laws of two thousand five, and pursuant  to  the  former  section
    54  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
    55  ary first, two thousand five through December thirty-first, two thousand
    56  five;

        S. 2007--B                         56                         A. 3007--B
 
     1    (vii)   eighty-eight  million  dollars,  plus  five  hundred  thousand
     2  dollars, to be reserved, to be retained or for distribution pursuant  to
     3  a  chapter  of  the  laws  of  two  thousand six, and pursuant to former
     4  section twenty-seven hundred ninety-nine-l  of  this  chapter,  for  the
     5  period  January  first,  two thousand six through December thirty-first,
     6  two thousand six;
     7    (viii) eighty-six million four hundred  thousand  dollars,  plus  five
     8  hundred thousand dollars, to be reserved, to be retained or for distrib-
     9  ution pursuant to a chapter of the laws of two thousand seven and pursu-
    10  ant  to  the  former  section twenty-seven hundred ninety-nine-l of this
    11  chapter, for the period January first, two thousand seven through Decem-
    12  ber thirty-first, two thousand seven; and
    13    (ix) twenty-two million nine hundred thirteen thousand  dollars,  plus
    14  one hundred twenty-five thousand dollars, to be reserved, to be retained
    15  or  for  distribution  pursuant to a chapter of the laws of two thousand
    16  eight and pursuant to the former section  twenty-seven  hundred  ninety-
    17  nine-l of this chapter, for the period January first, two thousand eight
    18  through March thirty-first, two thousand eight.
    19    (d)  Funds  shall  be  deposited  by  the commissioner, within amounts
    20  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    21  directed  to  receive  for  deposit  to  the credit of the state special
    22  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    23  or  any  successor  fund  or  account, for purposes of funding the state
    24  share of services and expenses related to the family health plus program
    25  including up to two and one-half million dollars annually for the period
    26  January first, two thousand through December thirty-first, two  thousand
    27  two, for administration and marketing costs associated with such program
    28  established  pursuant to clause (A) of subparagraph (v) of paragraph (a)
    29  of subdivision two of section three hundred sixty-nine-ee of the  social
    30  services  law  from  the  tobacco control and insurance initiatives pool
    31  established for the following periods in the following amounts:
    32    (i) three million five hundred thousand dollars for the period January
    33  first, two thousand through December thirty-first, two thousand;
    34    (ii) twenty-seven million dollars for the period  January  first,  two
    35  thousand one through December thirty-first, two thousand one; and
    36    (iii)  fifty-seven  million  dollars for the period January first, two
    37  thousand two through December thirty-first, two thousand two.
    38    (e) Funds shall be  deposited  by  the  commissioner,  within  amounts
    39  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    40  directed to receive for deposit to  the  credit  of  the  state  special
    41  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    42  or any successor fund or account, for  purposes  of  funding  the  state
    43  share of services and expenses related to the family health plus program
    44  including up to two and one-half million dollars annually for the period
    45  January  first, two thousand through December thirty-first, two thousand
    46  two for administration and marketing costs associated with such  program
    47  established  pursuant to clause (B) of subparagraph (v) of paragraph (a)
    48  of subdivision two of section three hundred sixty-nine-ee of the  social
    49  services  law  from  the  tobacco control and insurance initiatives pool
    50  established for the following periods in the following amounts:
    51    (i) two million five hundred thousand dollars for the  period  January
    52  first, two thousand through December thirty-first, two thousand;
    53    (ii) thirty million five hundred thousand dollars for the period Janu-
    54  ary  first, two thousand one through December thirty-first, two thousand
    55  one; and

        S. 2007--B                         57                         A. 3007--B
 
     1    (iii) sixty-six million dollars for  the  period  January  first,  two
     2  thousand two through December thirty-first, two thousand two.
     3    (f)  Funds  shall  be  deposited  by  the commissioner, within amounts
     4  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     5  directed  to  receive  for  deposit  to  the credit of the state special
     6  revenue funds - other, HCRA transfer fund, medicaid  fraud  hotline  and
     7  medicaid  administration  account, or any successor fund or account, for
     8  purposes of payment of administrative expenses of the department related
     9  to the family health plus program established pursuant to section  three
    10  hundred  sixty-nine-ee  of  the  social  services  law  from the tobacco
    11  control and insurance initiatives pool  established  for  the  following
    12  periods  in  the  following amounts: five hundred thousand dollars on an
    13  annual basis for the periods January first, two thousand through  Decem-
    14  ber  thirty-first,  two  thousand six, five hundred thousand dollars for
    15  the period January first, two thousand seven  through  December  thirty-
    16  first,  two  thousand  seven,  and five hundred thousand dollars for the
    17  period January first, two thousand eight through December  thirty-first,
    18  two thousand eight, five hundred thousand dollars for the period January
    19  first,  two  thousand  nine  through December thirty-first, two thousand
    20  nine, five hundred thousand dollars for the period  January  first,  two
    21  thousand  ten  through  December  thirty-first,  two  thousand  ten, one
    22  hundred twenty-five thousand dollars for the period January  first,  two
    23  thousand  eleven  through  March  thirty-first,  two thousand eleven and
    24  within amounts appropriated on and after April first, two thousand elev-
    25  en.
    26    (g) Funds shall be reserved and accumulated  from  year  to  year  and
    27  shall  be  available, including income from invested funds, for purposes
    28  of services and expenses related to the health maintenance  organization
    29  direct  pay  market program established pursuant to sections forty-three
    30  hundred twenty-one-a and forty-three hundred twenty-two-a of the  insur-
    31  ance  law from the tobacco control and insurance initiatives pool estab-
    32  lished for the following periods in the following amounts:
    33    (i) up to thirty-five million dollars for the  period  January  first,
    34  two  thousand through December thirty-first, two thousand of which fifty
    35  percentum shall be allocated to the program  pursuant  to  section  four
    36  thousand  three  hundred  twenty-one-a  of  the  insurance law and fifty
    37  percentum to the program pursuant to section four thousand three hundred
    38  twenty-two-a of the insurance law;
    39    (ii) up to thirty-six million dollars for the  period  January  first,
    40  two  thousand  one  through  December  thirty-first, two thousand one of
    41  which fifty percentum shall be allocated  to  the  program  pursuant  to
    42  section  four  thousand  three hundred twenty-one-a of the insurance law
    43  and fifty percentum to the program pursuant  to  section  four  thousand
    44  three hundred twenty-two-a of the insurance law;
    45    (iii)  up to thirty-nine million dollars for the period January first,
    46  two thousand two through December  thirty-first,  two  thousand  two  of
    47  which  fifty  percentum  shall  be  allocated to the program pursuant to
    48  section four thousand three hundred twenty-one-a of  the  insurance  law
    49  and  fifty  percentum  to  the program pursuant to section four thousand
    50  three hundred twenty-two-a of the insurance law;
    51    (iv) up to forty million dollars for the  period  January  first,  two
    52  thousand  three  through  December  thirty-first,  two thousand three of
    53  which fifty percentum shall be allocated  to  the  program  pursuant  to
    54  section  four  thousand  three hundred twenty-one-a of the insurance law
    55  and fifty percentum to the program pursuant  to  section  four  thousand
    56  three hundred twenty-two-a of the insurance law;

        S. 2007--B                         58                         A. 3007--B
 
     1    (v)  up  to  forty  million  dollars for the period January first, two
     2  thousand four through December thirty-first, two thousand four of  which
     3  fifty  percentum  shall  be allocated to the program pursuant to section
     4  four thousand three hundred twenty-one-a of the insurance law and  fifty
     5  percentum to the program pursuant to section four thousand three hundred
     6  twenty-two-a of the insurance law;
     7    (vi)  up  to  forty  million dollars for the period January first, two
     8  thousand five through December thirty-first, two thousand five of  which
     9  fifty  percentum  shall  be allocated to the program pursuant to section
    10  four thousand three hundred twenty-one-a of the insurance law and  fifty
    11  percentum to the program pursuant to section four thousand three hundred
    12  twenty-two-a of the insurance law;
    13    (vii)  up  to  forty million dollars for the period January first, two
    14  thousand six through December thirty-first, two thousand  six  of  which
    15  fifty  percentum  shall  be allocated to the program pursuant to section
    16  four thousand three hundred twenty-one-a of the insurance law and  fifty
    17  percentum  shall  be  allocated  to the program pursuant to section four
    18  thousand three hundred twenty-two-a of the insurance law;
    19    (viii) up to forty million dollars for the period January  first,  two
    20  thousand  seven  through  December  thirty-first,  two thousand seven of
    21  which fifty percentum shall be allocated  to  the  program  pursuant  to
    22  section  four  thousand  three hundred twenty-one-a of the insurance law
    23  and fifty percentum shall  be  allocated  to  the  program  pursuant  to
    24  section  four  thousand three hundred twenty-two-a of the insurance law;
    25  and
    26    (ix) up to forty million dollars for the  period  January  first,  two
    27  thousand  eight  through  December  thirty-first,  two thousand eight of
    28  which fifty per centum shall be allocated to  the  program  pursuant  to
    29  section  four  thousand  three hundred twenty-one-a of the insurance law
    30  and fifty per centum shall be  allocated  to  the  program  pursuant  to
    31  section four thousand three hundred twenty-two-a of the insurance law.
    32    (h)  Funds  shall  be  reserved  and accumulated from year to year and
    33  shall be available, including income from invested funds,  for  purposes
    34  of  services  and  expenses  related  to the healthy New York individual
    35  program established pursuant to sections  four  thousand  three  hundred
    36  twenty-six and four thousand three hundred twenty-seven of the insurance
    37  law  from the tobacco control and insurance initiatives pool established
    38  for the following periods in the following amounts:
    39    (i) up to six million dollars for the period January first, two  thou-
    40  sand one through December thirty-first, two thousand one;
    41    (ii)  up  to twenty-nine million dollars for the period January first,
    42  two thousand two through December thirty-first, two thousand two;
    43    (iii) up to five million one hundred thousand dollars for  the  period
    44  January  first,  two  thousand  three through December thirty-first, two
    45  thousand three;
    46    (iv) up to twenty-four million six hundred thousand  dollars  for  the
    47  period  January  first, two thousand four through December thirty-first,
    48  two thousand four;
    49    (v) up to thirty-four million six hundred  thousand  dollars  for  the
    50  period  January  first, two thousand five through December thirty-first,
    51  two thousand five;
    52    (vi) up to fifty-four million eight hundred thousand dollars  for  the
    53  period  January  first,  two thousand six through December thirty-first,
    54  two thousand six;

        S. 2007--B                         59                         A. 3007--B
 
     1    (vii) up to sixty-one million seven hundred thousand dollars  for  the
     2  period  January first, two thousand seven through December thirty-first,
     3  two thousand seven; and
     4    (viii)  up  to  one hundred three million seven hundred fifty thousand
     5  dollars for the period January first, two thousand eight through  Decem-
     6  ber thirty-first, two thousand eight.
     7    (i)  Funds  shall  be  reserved  and accumulated from year to year and
     8  shall be available, including income from invested funds,  for  purposes
     9  of  services  and expenses related to the healthy New York group program
    10  established pursuant to sections four thousand three hundred  twenty-six
    11  and  four  thousand three hundred twenty-seven of the insurance law from
    12  the tobacco control and insurance initiatives pool established  for  the
    13  following periods in the following amounts:
    14    (i)  up  to  thirty-four million dollars for the period January first,
    15  two thousand one through December thirty-first, two thousand one;
    16    (ii) up to seventy-seven million dollars for the period January first,
    17  two thousand two through December thirty-first, two thousand two;
    18    (iii) up to ten million five hundred thousand dollars for  the  period
    19  January  first,  two  thousand  three through December thirty-first, two
    20  thousand three;
    21    (iv) up to twenty-four million six hundred thousand  dollars  for  the
    22  period  January  first, two thousand four through December thirty-first,
    23  two thousand four;
    24    (v) up to thirty-four million six hundred  thousand  dollars  for  the
    25  period  January  first, two thousand five through December thirty-first,
    26  two thousand five;
    27    (vi) up to fifty-four million eight hundred thousand dollars  for  the
    28  period  January  first,  two thousand six through December thirty-first,
    29  two thousand six;
    30    (vii) up to sixty-one million seven hundred thousand dollars  for  the
    31  period  January first, two thousand seven through December thirty-first,
    32  two thousand seven; and
    33    (viii) up to one hundred three million seven  hundred  fifty  thousand
    34  dollars  for the period January first, two thousand eight through Decem-
    35  ber thirty-first, two thousand eight.
    36    (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
    37  subdivision, the commissioner shall reserve and  accumulate  up  to  two
    38  million  five  hundred thousand dollars annually for the periods January
    39  first, two thousand four through  December  thirty-first,  two  thousand
    40  six,  one  million  four hundred thousand dollars for the period January
    41  first, two thousand seven through December  thirty-first,  two  thousand
    42  seven,  two  million  dollars for the period January first, two thousand
    43  eight through December thirty-first,  two  thousand  eight,  from  funds
    44  otherwise  available  for  distribution  under  such  paragraphs for the
    45  services and expenses related to the  pilot  program  for  entertainment
    46  industry  employees  included  in subsection (b) of section one thousand
    47  one hundred twenty-two of the insurance law,  and  an  additional  seven
    48  hundred  thousand  dollars  annually  for the periods January first, two
    49  thousand four through December thirty-first, two thousand six, an  addi-
    50  tional  three hundred thousand dollars for the period January first, two
    51  thousand seven through June thirtieth, two thousand seven  for  services
    52  and expenses related to the pilot program for displaced workers included
    53  in  subsection (c) of section one thousand one hundred twenty-two of the
    54  insurance law.
    55    (j) Funds shall be reserved and accumulated  from  year  to  year  and
    56  shall  be  available, including income from invested funds, for purposes

        S. 2007--B                         60                         A. 3007--B
 
     1  of services and expenses related  to  the  tobacco  use  prevention  and
     2  control  program established pursuant to sections thirteen hundred nine-
     3  ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
     4  tobacco  control  and  insurance  initiatives  pool  established for the
     5  following periods in the following amounts:
     6    (i) up to thirty million dollars for the  period  January  first,  two
     7  thousand through December thirty-first, two thousand;
     8    (ii)  up  to  forty  million dollars for the period January first, two
     9  thousand one through December thirty-first, two thousand one;
    10    (iii) up to forty million dollars for the period  January  first,  two
    11  thousand two through December thirty-first, two thousand two;
    12    (iv)  up to thirty-six million nine hundred fifty thousand dollars for
    13  the period January first, two thousand three  through  December  thirty-
    14  first, two thousand three;
    15    (v)  up  to thirty-six million nine hundred fifty thousand dollars for
    16  the period January first, two thousand  four  through  December  thirty-
    17  first, two thousand four;
    18    (vi)  up  to forty million six hundred thousand dollars for the period
    19  January first, two thousand  five  through  December  thirty-first,  two
    20  thousand five;
    21    (vii)  up  to eighty-one million nine hundred thousand dollars for the
    22  period January first, two thousand six  through  December  thirty-first,
    23  two thousand six, provided, however, that within amounts appropriated, a
    24  portion  of  such  funds  may  be transferred to the Roswell Park Cancer
    25  Institute Corporation to support costs associated with cancer research;
    26    (viii) up to ninety-four million one hundred  fifty  thousand  dollars
    27  for  the period January first, two thousand seven through December thir-
    28  ty-first, two thousand seven, provided,  however,  that  within  amounts
    29  appropriated,  a portion of such funds may be transferred to the Roswell
    30  Park Cancer Institute  Corporation  to  support  costs  associated  with
    31  cancer research;
    32    (ix)  up to ninety-four million one hundred fifty thousand dollars for
    33  the period January first, two thousand eight  through  December  thirty-
    34  first, two thousand eight;
    35    (x)  up  to ninety-four million one hundred fifty thousand dollars for
    36  the period January first, two thousand  nine  through  December  thirty-
    37  first, two thousand nine;
    38    (xi)  up  to  eighty-seven million seven hundred seventy-five thousand
    39  dollars for the period January first, two thousand ten through  December
    40  thirty-first, two thousand ten;
    41    (xii)  up  to  twenty-one million four hundred twelve thousand dollars
    42  for the period January first, two thousand eleven through March  thirty-
    43  first, two thousand eleven;
    44    (xiii) up to fifty-two million one hundred thousand dollars each state
    45  fiscal  year  for  the  period  April first, two thousand eleven through
    46  March thirty-first, two thousand fourteen; [and]
    47    (xiv) up to six million dollars each state fiscal year for the  period
    48  April first, two thousand fourteen through March thirty-first, two thou-
    49  sand seventeen[.]; and
    50    (xv)  up  to six million dollars each state fiscal year for the period
    51  April first, two thousand  seventeen  through  March  thirty-first,  two
    52  thousand twenty.
    53    (k)  Funds  shall  be  deposited  by  the commissioner, within amounts
    54  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    55  directed  to  receive  for  deposit  to  the credit of the state special
    56  revenue fund - other, HCRA transfer fund, health care services  account,

        S. 2007--B                         61                         A. 3007--B
 
     1  or  any successor fund or account, for purposes of services and expenses
     2  related to public health programs, including comprehensive care  centers
     3  for eating disorders pursuant to the former section twenty-seven hundred
     4  ninety-nine-l  of this chapter, provided however that, for such centers,
     5  funds in the amount of five hundred thousand dollars  on  an  annualized
     6  basis shall be transferred from the health care services account, or any
     7  successor  fund  or  account, and deposited into the fund established by
     8  section ninety-five-e of the state finance  law  for  periods  prior  to
     9  March  thirty-first,  two  thousand eleven, from the tobacco control and
    10  insurance initiatives pool established for the following periods in  the
    11  following amounts:
    12    (i) up to thirty-one million dollars for the period January first, two
    13  thousand through December thirty-first, two thousand;
    14    (ii) up to forty-one million dollars for the period January first, two
    15  thousand one through December thirty-first, two thousand one;
    16    (iii)  up  to eighty-one million dollars for the period January first,
    17  two thousand two through December thirty-first, two thousand two;
    18    (iv) one hundred twenty-two million five hundred thousand dollars  for
    19  the  period  January  first, two thousand three through December thirty-
    20  first, two thousand three;
    21    (v) one hundred  eight  million  five  hundred  seventy-five  thousand
    22  dollars, plus an additional five hundred thousand dollars, for the peri-
    23  od  January  first, two thousand four through December thirty-first, two
    24  thousand four;
    25    (vi) ninety-one million eight hundred thousand dollars, plus an  addi-
    26  tional  five hundred thousand dollars, for the period January first, two
    27  thousand five through December thirty-first, two thousand five;
    28    (vii) one hundred fifty-six million six hundred thousand dollars, plus
    29  an additional five hundred thousand  dollars,  for  the  period  January
    30  first, two thousand six through December thirty-first, two thousand six;
    31    (viii)  one  hundred  fifty-one million four hundred thousand dollars,
    32  plus an additional five hundred thousand dollars, for the period January
    33  first, two thousand seven through December  thirty-first,  two  thousand
    34  seven;
    35    (ix)  one  hundred  sixteen  million  nine hundred forty-nine thousand
    36  dollars, plus an additional five hundred thousand dollars, for the peri-
    37  od January first, two thousand eight through December thirty-first,  two
    38  thousand eight;
    39    (x)  one  hundred  sixteen  million  nine  hundred forty-nine thousand
    40  dollars, plus an additional five hundred thousand dollars, for the peri-
    41  od January first, two thousand nine through December  thirty-first,  two
    42  thousand nine;
    43    (xi)  one  hundred  sixteen  million  nine hundred forty-nine thousand
    44  dollars, plus an additional five hundred thousand dollars, for the peri-
    45  od January first, two thousand ten through  December  thirty-first,  two
    46  thousand ten;
    47    (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
    48  hundred fifty dollars, plus an additional one hundred twenty-five  thou-
    49  sand  dollars, for the period January first, two thousand eleven through
    50  March thirty-first, two thousand eleven;
    51    (xiii) one hundred twenty million thirty-eight  thousand  dollars  for
    52  the  period April first, two thousand eleven through March thirty-first,
    53  two thousand twelve; and
    54    (xiv) one hundred nineteen million four hundred seven thousand dollars
    55  each state fiscal year for the period April first, two  thousand  twelve
    56  through March thirty-first, two thousand fourteen.

        S. 2007--B                         62                         A. 3007--B
 
     1    (l)  Funds  shall  be  deposited  by  the commissioner, within amounts
     2  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     3  directed  to  receive  for  deposit  to  the credit of the state special
     4  revenue funds - other, HCRA transfer fund, medical  assistance  account,
     5  or  any  successor  fund  or  account, for purposes of funding the state
     6  share of the personal care and certified home health agency rate or  fee
     7  increases  established  pursuant  to  subdivision three of section three
     8  hundred sixty-seven-o of  the  social  services  law  from  the  tobacco
     9  control  and  insurance  initiatives  pool established for the following
    10  periods in the following amounts:
    11    (i) twenty-three million two hundred thousand dollars for  the  period
    12  January first, two thousand through December thirty-first, two thousand;
    13    (ii)  twenty-three million two hundred thousand dollars for the period
    14  January first, two thousand one through December thirty-first, two thou-
    15  sand one;
    16    (iii) twenty-three million two hundred thousand dollars for the period
    17  January first, two thousand two through December thirty-first, two thou-
    18  sand two;
    19    (iv) up to sixty-five million two hundred  thousand  dollars  for  the
    20  period  January first, two thousand three through December thirty-first,
    21  two thousand three;
    22    (v) up to sixty-five million two  hundred  thousand  dollars  for  the
    23  period  January  first, two thousand four through December thirty-first,
    24  two thousand four;
    25    (vi) up to sixty-five million two hundred  thousand  dollars  for  the
    26  period  January  first, two thousand five through December thirty-first,
    27  two thousand five;
    28    (vii) up to sixty-five million two hundred thousand  dollars  for  the
    29  period  January  first,  two thousand six through December thirty-first,
    30  two thousand six;
    31    (viii) up to sixty-five million two hundred thousand dollars  for  the
    32  period  January first, two thousand seven through December thirty-first,
    33  two thousand seven; and
    34    (ix) up to sixteen million three  hundred  thousand  dollars  for  the
    35  period January first, two thousand eight through March thirty-first, two
    36  thousand eight.
    37    (m)  Funds  shall  be  deposited  by  the commissioner, within amounts
    38  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    39  directed  to  receive  for  deposit  to  the credit of the state special
    40  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    41  or  any  successor  fund  or  account, for purposes of funding the state
    42  share of services and expenses related to home  care  workers  insurance
    43  pilot  demonstration programs established pursuant to subdivision two of
    44  section three hundred sixty-seven-o of the social services law from  the
    45  tobacco  control  and  insurance  initiatives  pool  established for the
    46  following periods in the following amounts:
    47    (i) three million eight hundred thousand dollars for the period  Janu-
    48  ary first, two thousand through December thirty-first, two thousand;
    49    (ii) three million eight hundred thousand dollars for the period Janu-
    50  ary  first, two thousand one through December thirty-first, two thousand
    51  one;
    52    (iii) three million eight hundred  thousand  dollars  for  the  period
    53  January first, two thousand two through December thirty-first, two thou-
    54  sand two;

        S. 2007--B                         63                         A. 3007--B
 
     1    (iv) up to three million eight hundred thousand dollars for the period
     2  January  first,  two  thousand  three through December thirty-first, two
     3  thousand three;
     4    (v)  up to three million eight hundred thousand dollars for the period
     5  January first, two thousand  four  through  December  thirty-first,  two
     6  thousand four;
     7    (vi) up to three million eight hundred thousand dollars for the period
     8  January  first,  two  thousand  five  through December thirty-first, two
     9  thousand five;
    10    (vii) up to three million eight hundred thousand dollars for the peri-
    11  od January first, two thousand six through  December  thirty-first,  two
    12  thousand six;
    13    (viii)  up  to  three  million  eight hundred thousand dollars for the
    14  period January first, two thousand seven through December  thirty-first,
    15  two thousand seven; and
    16    (ix)  up to nine hundred fifty thousand dollars for the period January
    17  first, two thousand  eight  through  March  thirty-first,  two  thousand
    18  eight.
    19    (n) Funds shall be transferred by the commissioner and shall be depos-
    20  ited  to  the credit of the special revenue funds - other, miscellaneous
    21  special revenue fund - 339, elderly  pharmaceutical  insurance  coverage
    22  program  premium  account authorized pursuant to the provisions of title
    23  three of article two of the elder law, or any successor fund or account,
    24  for funding state expenses relating to  the  program  from  the  tobacco
    25  control  and  insurance  initiatives  pool established for the following
    26  periods in the following amounts:
    27    (i) one hundred seven million dollars for the  period  January  first,
    28  two thousand through December thirty-first, two thousand;
    29    (ii)  one  hundred  sixty-four  million dollars for the period January
    30  first, two thousand one through December thirty-first, two thousand one;
    31    (iii) three hundred twenty-two million seven hundred thousand  dollars
    32  for  the period January first, two thousand two through December thirty-
    33  first, two thousand two;
    34    (iv) four hundred thirty-three million three hundred thousand  dollars
    35  for  the period January first, two thousand three through December thir-
    36  ty-first, two thousand three;
    37    (v) five hundred four million one hundred fifty thousand  dollars  for
    38  the  period  January  first,  two thousand four through December thirty-
    39  first, two thousand four;
    40    (vi) five hundred sixty-six million eight hundred thousand dollars for
    41  the period January first, two thousand  five  through  December  thirty-
    42  first, two thousand five;
    43    (vii) six hundred three million one hundred fifty thousand dollars for
    44  the  period  January  first,  two  thousand six through December thirty-
    45  first, two thousand six;
    46    (viii) six hundred sixty million eight hundred  thousand  dollars  for
    47  the  period  January  first, two thousand seven through December thirty-
    48  first, two thousand seven;
    49    (ix) three hundred sixty-seven million four hundred sixty-three  thou-
    50  sand  dollars  for  the period January first, two thousand eight through
    51  December thirty-first, two thousand eight;
    52    (x) three hundred thirty-four million eight hundred twenty-five  thou-
    53  sand  dollars  for  the  period January first, two thousand nine through
    54  December thirty-first, two thousand nine;

        S. 2007--B                         64                         A. 3007--B

     1    (xi) three hundred forty-four million nine  hundred  thousand  dollars
     2  for  the period January first, two thousand ten through December thirty-
     3  first, two thousand ten;
     4    (xii) eighty-seven million seven hundred eighty-eight thousand dollars
     5  for  the period January first, two thousand eleven through March thirty-
     6  first, two thousand eleven;
     7    (xiii) one hundred forty-three  million  one  hundred  fifty  thousand
     8  dollars  for  the  period April first, two thousand eleven through March
     9  thirty-first, two thousand twelve;
    10    (xiv) one hundred twenty million nine hundred fifty  thousand  dollars
    11  for  the  period  April first, two thousand twelve through March thirty-
    12  first, two thousand thirteen;
    13    (xv) one hundred twenty-eight million  eight  hundred  fifty  thousand
    14  dollars  for the period April first, two thousand thirteen through March
    15  thirty-first, two thousand fourteen; [and]
    16    (xvi) one hundred twenty-seven million four hundred  sixteen  thousand
    17  dollars  each state fiscal year for the period April first, two thousand
    18  fourteen through March thirty-first, two thousand seventeen[.]; and
    19    (xvii) one hundred twenty-seven million four hundred sixteen  thousand
    20  dollars  each state fiscal year for the period April first, two thousand
    21  seventeen through March thirty-first, two thousand twenty.
    22    (o) Funds shall be reserved and accumulated and shall  be  transferred
    23  to  the  Roswell  Park  Cancer  Institute  Corporation, from the tobacco
    24  control and insurance initiatives pool  established  for  the  following
    25  periods in the following amounts:
    26    (i)  up  to  ninety  million dollars for the period January first, two
    27  thousand through December thirty-first, two thousand;
    28    (ii) up to sixty million dollars for the  period  January  first,  two
    29  thousand one through December thirty-first, two thousand one;
    30    (iii)  up to eighty-five million dollars for the period January first,
    31  two thousand two through December thirty-first, two thousand two;
    32    (iv) eighty-five million two hundred fifty thousand  dollars  for  the
    33  period  January first, two thousand three through December thirty-first,
    34  two thousand three;
    35    (v) seventy-eight million dollars for the period  January  first,  two
    36  thousand four through December thirty-first, two thousand four;
    37    (vi)  seventy-eight  million dollars for the period January first, two
    38  thousand five through December thirty-first, two thousand five;
    39    (vii) ninety-one million dollars for the  period  January  first,  two
    40  thousand six through December thirty-first, two thousand six;
    41    (viii) seventy-eight million dollars for the period January first, two
    42  thousand seven through December thirty-first, two thousand seven;
    43    (ix)  seventy-eight  million dollars for the period January first, two
    44  thousand eight through December thirty-first, two thousand eight;
    45    (x) seventy-eight million dollars for the period  January  first,  two
    46  thousand nine through December thirty-first, two thousand nine;
    47    (xi)  seventy-eight  million dollars for the period January first, two
    48  thousand ten through December thirty-first, two thousand ten;
    49    (xii) nineteen million five hundred thousand dollars  for  the  period
    50  January first, two thousand eleven through March thirty-first, two thou-
    51  sand eleven;
    52    (xiii)  sixty-nine  million  eight hundred forty thousand dollars each
    53  state fiscal year for  the  period  April  first,  two  thousand  eleven
    54  through March thirty-first, two thousand fourteen; [and]

        S. 2007--B                         65                         A. 3007--B
 
     1    (xiv) up to ninety-six million six hundred thousand dollars each state
     2  fiscal  year  for  the period April first, two thousand fourteen through
     3  March thirty-first, two thousand seventeen[.]; and
     4    (xv)  up to ninety-six million six hundred thousand dollars each state
     5  fiscal year for the period April first, two thousand  seventeen  through
     6  March thirty-first, two thousand twenty.
     7    (p)  Funds  shall  be  deposited  by  the commissioner, within amounts
     8  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     9  directed  to  receive  for  deposit  to  the credit of the state special
    10  revenue funds - other, indigent care fund - 068, indigent care  account,
    11  or  any  successor fund or account, for purposes of providing a medicaid
    12  disproportionate share payment from the high need indigent care  adjust-
    13  ment  pool  established pursuant to section twenty-eight hundred seven-w
    14  of this article, from the tobacco control and insurance initiatives pool
    15  established for the following periods in the following amounts:
    16    (i) eighty-two million dollars annually for the periods January first,
    17  two thousand through December thirty-first, two thousand two;
    18    (ii) up to eighty-two million dollars for the  period  January  first,
    19  two thousand three through December thirty-first, two thousand three;
    20    (iii)  up  to eighty-two million dollars for the period January first,
    21  two thousand four through December thirty-first, two thousand four;
    22    (iv) up to eighty-two million dollars for the  period  January  first,
    23  two thousand five through December thirty-first, two thousand five;
    24    (v) up to eighty-two million dollars for the period January first, two
    25  thousand six through December thirty-first, two thousand six;
    26    (vi)  up  to  eighty-two million dollars for the period January first,
    27  two thousand seven through December thirty-first, two thousand seven;
    28    (vii) up to eighty-two million dollars for the period  January  first,
    29  two thousand eight through December thirty-first, two thousand eight;
    30    (viii)  up to eighty-two million dollars for the period January first,
    31  two thousand nine through December thirty-first, two thousand nine;
    32    (ix) up to eighty-two million dollars for the  period  January  first,
    33  two thousand ten through December thirty-first, two thousand ten;
    34    (x)  up to twenty million five hundred thousand dollars for the period
    35  January first, two thousand eleven through March thirty-first, two thou-
    36  sand eleven; and
    37    (xi) up to eighty-two million dollars each state fiscal year  for  the
    38  period  April first, two thousand eleven through March thirty-first, two
    39  thousand fourteen.
    40    (q) Funds shall be reserved and accumulated  from  year  to  year  and
    41  shall  be  available, including income from invested funds, for purposes
    42  of providing distributions  to  eligible  school  based  health  centers
    43  established  pursuant to section eighty-eight of chapter one of the laws
    44  of nineteen hundred ninety-nine, from the tobacco control and  insurance
    45  initiatives  pool established for the following periods in the following
    46  amounts:
    47    (i) seven million dollars annually for the period January  first,  two
    48  thousand through December thirty-first, two thousand two;
    49    (ii)  up  to  seven  million dollars for the period January first, two
    50  thousand three through December thirty-first, two thousand three;
    51    (iii) up to seven million dollars for the period  January  first,  two
    52  thousand four through December thirty-first, two thousand four;
    53    (iv)  up  to  seven  million dollars for the period January first, two
    54  thousand five through December thirty-first, two thousand five;
    55    (v) up to seven million dollars for  the  period  January  first,  two
    56  thousand six through December thirty-first, two thousand six;

        S. 2007--B                         66                         A. 3007--B
 
     1    (vi)  up  to  seven  million dollars for the period January first, two
     2  thousand seven through December thirty-first, two thousand seven;
     3    (vii)  up  to  seven million dollars for the period January first, two
     4  thousand eight through December thirty-first, two thousand eight;
     5    (viii) up to seven million dollars for the period January  first,  two
     6  thousand nine through December thirty-first, two thousand nine;
     7    (ix)  up  to  seven  million dollars for the period January first, two
     8  thousand ten through December thirty-first, two thousand ten;
     9    (x) up to one million seven hundred fifty  thousand  dollars  for  the
    10  period  January  first,  two thousand eleven through March thirty-first,
    11  two thousand eleven;
    12    (xi) up to five million six hundred thousand dollars each state fiscal
    13  year for the period April first, two thousand eleven through March thir-
    14  ty-first, two thousand fourteen; [and]
    15    (xii) up to five million two hundred  eighty-eighty  thousand  dollars
    16  each state fiscal year for the period April first, two thousand fourteen
    17  through March thirty-first, two thousand seventeen[.]; and
    18    (xiii)  up  to  five million two hundred eighty-eight thousand dollars
    19  each state fiscal year for the period April first, two  thousand  seven-
    20  teen through March thirty-first, two thousand twenty.
    21    (r) Funds shall be deposited by the commissioner within amounts appro-
    22  priated,  and the state comptroller is hereby authorized and directed to
    23  receive for deposit to the credit of the state special revenue  funds  -
    24  other,  HCRA transfer fund, medical assistance account, or any successor
    25  fund or account, for purposes of providing distributions for  supplemen-
    26  tary   medical  insurance  for  Medicare  part  B  premiums,  physicians
    27  services, outpatient services, medical  equipment,  supplies  and  other
    28  health services, from the tobacco control and insurance initiatives pool
    29  established for the following periods in the following amounts:
    30    (i)  forty-three  million  dollars  for  the period January first, two
    31  thousand through December thirty-first, two thousand;
    32    (ii) sixty-one million dollars for the period January first, two thou-
    33  sand one through December thirty-first, two thousand one;
    34    (iii) sixty-five million dollars for the  period  January  first,  two
    35  thousand two through December thirty-first, two thousand two;
    36    (iv)  sixty-seven million five hundred thousand dollars for the period
    37  January first, two thousand three  through  December  thirty-first,  two
    38  thousand three;
    39    (v)  sixty-eight  million  dollars  for  the period January first, two
    40  thousand four through December thirty-first, two thousand four;
    41    (vi) sixty-eight million dollars for the  period  January  first,  two
    42  thousand five through December thirty-first, two thousand five;
    43    (vii)  sixty-eight  million  dollars for the period January first, two
    44  thousand six through December thirty-first, two thousand six;
    45    (viii) seventeen million five hundred thousand dollars for the  period
    46  January  first,  two  thousand  seven through December thirty-first, two
    47  thousand seven;
    48    (ix) sixty-eight million dollars for the  period  January  first,  two
    49  thousand eight through December thirty-first, two thousand eight;
    50    (x)  sixty-eight  million  dollars  for  the period January first, two
    51  thousand nine through December thirty-first, two thousand nine;
    52    (xi) sixty-eight million dollars for the  period  January  first,  two
    53  thousand ten through December thirty-first, two thousand ten;
    54    (xii)  seventeen  million  dollars  for  the period January first, two
    55  thousand eleven through March thirty-first, two thousand eleven; and

        S. 2007--B                         67                         A. 3007--B
 
     1    (xiii) sixty-eight million dollars each  state  fiscal  year  for  the
     2  period  April first, two thousand eleven through March thirty-first, two
     3  thousand fourteen.
     4    (s) Funds shall be deposited by the commissioner within amounts appro-
     5  priated,  and the state comptroller is hereby authorized and directed to
     6  receive for deposit to the credit of the state special revenue  funds  -
     7  other,  HCRA transfer fund, medical assistance account, or any successor
     8  fund or account, for purposes of  providing  distributions  pursuant  to
     9  paragraphs  (s-5),  (s-6),  (s-7)  and  (s-8)  of  subdivision eleven of
    10  section twenty-eight hundred seven-c of this article  from  the  tobacco
    11  control  and  insurance  initiatives  pool established for the following
    12  periods in the following amounts:
    13    (i) eighteen million dollars for the period January first,  two  thou-
    14  sand through December thirty-first, two thousand;
    15    (ii)  twenty-four  million  dollars  annually  for the periods January
    16  first, two thousand one through December thirty-first, two thousand two;
    17    (iii) up to twenty-four million dollars for the period January  first,
    18  two thousand three through December thirty-first, two thousand three;
    19    (iv)  up  to twenty-four million dollars for the period January first,
    20  two thousand four through December thirty-first, two thousand four;
    21    (v) up to twenty-four million dollars for the  period  January  first,
    22  two thousand five through December thirty-first, two thousand five;
    23    (vi)  up  to twenty-four million dollars for the period January first,
    24  two thousand six through December thirty-first, two thousand six;
    25    (vii) up to twenty-four million dollars for the period January  first,
    26  two thousand seven through December thirty-first, two thousand seven;
    27    (viii) up to twenty-four million dollars for the period January first,
    28  two  thousand  eight  through December thirty-first, two thousand eight;
    29  and
    30    (ix) up to twenty-two million dollars for the  period  January  first,
    31  two thousand nine through November thirtieth, two thousand nine.
    32    (t)  Funds  shall be reserved and accumulated from year to year by the
    33  commissioner and shall be made available, including income from invested
    34  funds:
    35    (i) For the purpose of making grants to a  state  owned  and  operated
    36  medical  school  which does not have a state owned and operated hospital
    37  on site and available for teaching  purposes.  Notwithstanding  sections
    38  one hundred twelve and one hundred sixty-three of the state finance law,
    39  such  grants  shall be made in the amount of up to five hundred thousand
    40  dollars for the period January  first,  two  thousand  through  December
    41  thirty-first, two thousand;
    42    (ii)  For  the purpose of making grants to medical schools pursuant to
    43  section eighty-six-a of chapter one of  the  laws  of  nineteen  hundred
    44  ninety-nine  in  the  sum  of  up to four million dollars for the period
    45  January first, two thousand through December thirty-first, two thousand;
    46  and
    47    (iii) The funds disbursed pursuant to subparagraphs (i)  and  (ii)  of
    48  this  paragraph  from the tobacco control and insurance initiatives pool
    49  are contingent upon meeting all funding amounts established pursuant  to
    50  paragraphs  (a),  (b),  (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
    51  and (s) of this  subdivision,  paragraph  (a)  of  subdivision  nine  of
    52  section  twenty-eight  hundred  seven-j  of this article, and paragraphs
    53  (a), (i) and (k) of subdivision  one  of  section  twenty-eight  hundred
    54  seven-l of this article.
    55    (u)  Funds  shall  be  deposited  by  the commissioner, within amounts
    56  appropriated,  and  the  state  comptroller  is  hereby  authorized  and

        S. 2007--B                         68                         A. 3007--B
 
     1  directed  to  receive  for  deposit  to  the credit of the state special
     2  revenue funds - other, HCRA transfer fund, medical  assistance  account,
     3  or  any  successor  fund  or  account, for purposes of funding the state
     4  share  of  services  and  expenses  related  to the nursing home quality
     5  improvement demonstration program established pursuant to section  twen-
     6  ty-eight  hundred  eight-d  of this article from the tobacco control and
     7  insurance initiatives pool established for the following periods in  the
     8  following amounts:
     9    (i)  up  to twenty-five million dollars for the period beginning April
    10  first, two thousand two and ending December thirty-first,  two  thousand
    11  two,  and  on  an  annualized  basis,  for each annual period thereafter
    12  beginning January first, two thousand three and ending December  thirty-
    13  first, two thousand four;
    14    (ii)  up  to eighteen million seven hundred fifty thousand dollars for
    15  the period January first, two thousand  five  through  December  thirty-
    16  first, two thousand five; and
    17    (iii)  up  to  fifty-six million five hundred thousand dollars for the
    18  period January first, two thousand six  through  December  thirty-first,
    19  two thousand six.
    20    (v) Funds shall be transferred by the commissioner and shall be depos-
    21  ited  to the credit of the hospital excess liability pool created pursu-
    22  ant to section eighteen of chapter two hundred sixty-six of the laws  of
    23  nineteen  hundred  eighty-six,  or  any  successor  fund or account, for
    24  purposes of expenses related to the purchase of excess medical  malprac-
    25  tice  insurance and the cost of administrating the pool, including costs
    26  associated with the risk  management  program  established  pursuant  to
    27  section  forty-two  of part A of chapter one of the laws of two thousand
    28  two required by paragraph (a) of subdivision one of section eighteen  of
    29  chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
    30  as may be amended from time to time, from the tobacco control and insur-
    31  ance  initiatives  pool  established  for  the  following periods in the
    32  following amounts:
    33    (i) up to fifty million dollars or so much as is needed for the period
    34  January first, two thousand two through December thirty-first, two thou-
    35  sand two;
    36    (ii) up to seventy-six million seven hundred thousand dollars for  the
    37  period  January first, two thousand three through December thirty-first,
    38  two thousand three;
    39    (iii) up to sixty-five million dollars for the period  January  first,
    40  two thousand four through December thirty-first, two thousand four;
    41    (iv)  up  to  sixty-five million dollars for the period January first,
    42  two thousand five through December thirty-first, two thousand five;
    43    (v) up to one hundred thirteen million eight hundred thousand  dollars
    44  for  the period January first, two thousand six through December thirty-
    45  first, two thousand six;
    46    (vi) up to one hundred thirty million dollars for the  period  January
    47  first,  two  thousand  seven through December thirty-first, two thousand
    48  seven;
    49    (vii) up to one hundred thirty million dollars for the period  January
    50  first,  two  thousand  eight through December thirty-first, two thousand
    51  eight;
    52    (viii) up to one hundred thirty million dollars for the period January
    53  first, two thousand nine through  December  thirty-first,  two  thousand
    54  nine;
    55    (ix)  up  to one hundred thirty million dollars for the period January
    56  first, two thousand ten through December thirty-first, two thousand ten;

        S. 2007--B                         69                         A. 3007--B

     1    (x) up to thirty-two million five hundred  thousand  dollars  for  the
     2  period  January  first,  two thousand eleven through March thirty-first,
     3  two thousand eleven;
     4    (xi)  up  to  one  hundred  twenty-seven million four hundred thousand
     5  dollars each state fiscal year for the period April first, two  thousand
     6  eleven through March thirty-first, two thousand fourteen; [and]
     7    (xii)  up  to  one  hundred twenty-seven million four hundred thousand
     8  dollars each state fiscal year for the period April first, two  thousand
     9  fourteen through March thirty-first, two thousand seventeen[.]; and
    10    (xiii)  up  to  one hundred twenty-seven million four hundred thousand
    11  dollars each state fiscal year for the period April first, two  thousand
    12  seventeen through March thirty-first, two thousand twenty.
    13    (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
    14  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    15  directed  to  receive  for  deposit  to  the credit of the state special
    16  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    17  or  any  successor  fund  or  account, for purposes of funding the state
    18  share of the treatment of breast and cervical cancer pursuant  to  para-
    19  graph  (v) of subdivision four of section three hundred sixty-six of the
    20  social services law, from the tobacco control and insurance  initiatives
    21  pool established for the following periods in the following amounts:
    22    (i)  up  to four hundred fifty thousand dollars for the period January
    23  first, two thousand two through December thirty-first, two thousand two;
    24    (ii) up to two million one hundred thousand  dollars  for  the  period
    25  January  first,  two  thousand  three through December thirty-first, two
    26  thousand three;
    27    (iii) up to two million one hundred thousand dollars  for  the  period
    28  January  first,  two  thousand  four  through December thirty-first, two
    29  thousand four;
    30    (iv) up to two million one hundred thousand  dollars  for  the  period
    31  January  first,  two  thousand  five  through December thirty-first, two
    32  thousand five;
    33    (v) up to two million one hundred  thousand  dollars  for  the  period
    34  January first, two thousand six through December thirty-first, two thou-
    35  sand six;
    36    (vi)  up  to  two  million one hundred thousand dollars for the period
    37  January first, two thousand seven  through  December  thirty-first,  two
    38  thousand seven;
    39    (vii)  up  to  two million one hundred thousand dollars for the period
    40  January first, two thousand eight  through  December  thirty-first,  two
    41  thousand eight;
    42    (viii)  up  to two million one hundred thousand dollars for the period
    43  January first, two thousand  nine  through  December  thirty-first,  two
    44  thousand nine;
    45    (ix)  up  to  two  million one hundred thousand dollars for the period
    46  January first, two thousand ten through December thirty-first, two thou-
    47  sand ten;
    48    (x) up to five hundred twenty-five thousand  dollars  for  the  period
    49  January first, two thousand eleven through March thirty-first, two thou-
    50  sand eleven;
    51    (xi)  up to two million one hundred thousand dollars each state fiscal
    52  year for the period April first, two thousand eleven through March thir-
    53  ty-first, two thousand fourteen; [and]
    54    (xii) up to two million one hundred thousand dollars each state fiscal
    55  year for the period April first, two  thousand  fourteen  through  March
    56  thirty-first, two thousand seventeen[.]; and

        S. 2007--B                         70                         A. 3007--B
 
     1    (xiii)  up  to  two  million  one  hundred thousand dollars each state
     2  fiscal year for the period April first, two thousand  seventeen  through
     3  March thirty-first, two thousand twenty.
     4    (x)  Funds  shall  be  deposited  by  the commissioner, within amounts
     5  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     6  directed  to  receive  for  deposit  to  the credit of the state special
     7  revenue funds - other, HCRA transfer fund, medical  assistance  account,
     8  or  any  successor  fund  or  account, for purposes of funding the state
     9  share of the non-public general hospital rates increases for recruitment
    10  and retention of health care workers from the tobacco control and insur-
    11  ance initiatives pool established  for  the  following  periods  in  the
    12  following amounts:
    13    (i) twenty-seven million one hundred thousand dollars on an annualized
    14  basis  for  the  period January first, two thousand two through December
    15  thirty-first, two thousand two;
    16    (ii) fifty million eight hundred thousand  dollars  on  an  annualized
    17  basis  for the period January first, two thousand three through December
    18  thirty-first, two thousand three;
    19    (iii) sixty-nine million three hundred thousand dollars on an  annual-
    20  ized  basis  for  the  period  January  first, two thousand four through
    21  December thirty-first, two thousand four;
    22    (iv) sixty-nine million three hundred thousand dollars for the  period
    23  January  first,  two  thousand  five  through December thirty-first, two
    24  thousand five;
    25    (v) sixty-nine million three hundred thousand dollars for  the  period
    26  January first, two thousand six through December thirty-first, two thou-
    27  sand six;
    28    (vi)  sixty-five million three hundred thousand dollars for the period
    29  January first, two thousand seven  through  December  thirty-first,  two
    30  thousand seven;
    31    (vii)  sixty-one  million  one  hundred fifty thousand dollars for the
    32  period January first, two thousand eight through December  thirty-first,
    33  two thousand eight; and
    34    (viii)  forty-eight  million seven hundred twenty-one thousand dollars
    35  for the period January first, two thousand nine through November thirti-
    36  eth, two thousand nine.
    37    (y) Funds shall be reserved and accumulated  from  year  to  year  and
    38  shall  be  available, including income from invested funds, for purposes
    39  of grants to public general hospitals for recruitment and  retention  of
    40  health  care  workers pursuant to paragraph (b) of subdivision thirty of
    41  section twenty-eight hundred seven-c of this article  from  the  tobacco
    42  control  and  insurance  initiatives  pool established for the following
    43  periods in the following amounts:
    44    (i) eighteen million five hundred thousand dollars  on  an  annualized
    45  basis  for  the  period January first, two thousand two through December
    46  thirty-first, two thousand two;
    47    (ii) thirty-seven million four hundred thousand dollars on an  annual-
    48  ized  basis  for  the  period  January first, two thousand three through
    49  December thirty-first, two thousand three;
    50    (iii) fifty-two million two hundred thousand dollars on an  annualized
    51  basis  for  the period January first, two thousand four through December
    52  thirty-first, two thousand four;
    53    (iv) fifty-two million two hundred thousand  dollars  for  the  period
    54  January  first,  two  thousand  five  through December thirty-first, two
    55  thousand five;

        S. 2007--B                         71                         A. 3007--B
 
     1    (v) fifty-two million two hundred  thousand  dollars  for  the  period
     2  January first, two thousand six through December thirty-first, two thou-
     3  sand six;
     4    (vi)  forty-nine  million  dollars  for  the period January first, two
     5  thousand seven through December thirty-first, two thousand seven;
     6    (vii) forty-nine million dollars for the  period  January  first,  two
     7  thousand eight through December thirty-first, two thousand eight; and
     8    (viii) twelve million two hundred fifty thousand dollars for the peri-
     9  od  January  first,  two  thousand  nine through March thirty-first, two
    10  thousand nine.
    11    Provided, however, amounts pursuant to this paragraph may  be  reduced
    12  in  an  amount  to  be approved by the director of the budget to reflect
    13  amounts received from the federal  government  under  the  state's  1115
    14  waiver  which  are directed under its terms and conditions to the health
    15  workforce recruitment and retention program.
    16    (z) Funds shall be  deposited  by  the  commissioner,  within  amounts
    17  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    18  directed to receive for deposit to  the  credit  of  the  state  special
    19  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    20  or any successor fund or account, for  purposes  of  funding  the  state
    21  share  of the non-public residential health care facility rate increases
    22  for recruitment and retention of health care workers pursuant  to  para-
    23  graph  (a) of subdivision eighteen of section twenty-eight hundred eight
    24  of this article from the tobacco control and insurance initiatives  pool
    25  established for the following periods in the following amounts:
    26    (i)  twenty-one million five hundred thousand dollars on an annualized
    27  basis for the period January first, two thousand  two  through  December
    28  thirty-first, two thousand two;
    29    (ii) thirty-three million three hundred thousand dollars on an annual-
    30  ized  basis  for  the  period  January first, two thousand three through
    31  December thirty-first, two thousand three;
    32    (iii) forty-six million three hundred thousand dollars on  an  annual-
    33  ized  basis  for  the  period  January  first, two thousand four through
    34  December thirty-first, two thousand four;
    35    (iv) forty-six million three hundred thousand dollars for  the  period
    36  January  first,  two  thousand  five  through December thirty-first, two
    37  thousand five;
    38    (v) forty-six million three hundred thousand dollars  for  the  period
    39  January first, two thousand six through December thirty-first, two thou-
    40  sand six;
    41    (vi) thirty million nine hundred thousand dollars for the period Janu-
    42  ary  first,  two thousand seven through December thirty-first, two thou-
    43  sand seven;
    44    (vii) twenty-four million seven hundred thousand dollars for the peri-
    45  od January first, two thousand eight through December thirty-first,  two
    46  thousand eight;
    47    (viii)  twelve million three hundred seventy-five thousand dollars for
    48  the period January first, two thousand  nine  through  December  thirty-
    49  first, two thousand nine;
    50    (ix)  nine million three hundred thousand dollars for the period Janu-
    51  ary first, two thousand ten through December thirty-first, two  thousand
    52  ten; and
    53    (x)  two  million  three  hundred twenty-five thousand dollars for the
    54  period January first, two thousand eleven  through  March  thirty-first,
    55  two thousand eleven.

        S. 2007--B                         72                         A. 3007--B
 
     1    (aa)  Funds  shall  be  reserved and accumulated from year to year and
     2  shall be available, including income from invested funds,  for  purposes
     3  of  grants  to public residential health care facilities for recruitment
     4  and retention of health care workers pursuant to paragraph (b) of subdi-
     5  vision  eighteen  of  section twenty-eight hundred eight of this article
     6  from the tobacco control and insurance initiatives pool established  for
     7  the following periods in the following amounts:
     8    (i) seven million five hundred thousand dollars on an annualized basis
     9  for  the period January first, two thousand two through December thirty-
    10  first, two thousand two;
    11    (ii) eleven million seven hundred thousand dollars  on  an  annualized
    12  basis  for the period January first, two thousand three through December
    13  thirty-first, two thousand three;
    14    (iii) sixteen million two hundred thousand dollars  on  an  annualized
    15  basis  for  the period January first, two thousand four through December
    16  thirty-first, two thousand four;
    17    (iv) sixteen million two hundred thousand dollars for the period Janu-
    18  ary first, two thousand five through December thirty-first, two thousand
    19  five;
    20    (v) sixteen million two hundred thousand dollars for the period  Janu-
    21  ary  first, two thousand six through December thirty-first, two thousand
    22  six;
    23    (vi) ten million eight hundred thousand dollars for the period January
    24  first, two thousand seven through December  thirty-first,  two  thousand
    25  seven;
    26    (vii)  six million seven hundred fifty thousand dollars for the period
    27  January first, two thousand eight  through  December  thirty-first,  two
    28  thousand eight; and
    29    (viii) one million three hundred fifty thousand dollars for the period
    30  January  first,  two  thousand  nine  through December thirty-first, two
    31  thousand nine.
    32    (bb)(i) Funds shall be deposited by the commissioner,  within  amounts
    33  appropriated,  and  subject  to  the  availability  of federal financial
    34  participation, and  the  state  comptroller  is  hereby  authorized  and
    35  directed  to  receive  for  deposit  to  the credit of the state special
    36  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    37  or  any  successor  fund  or  account, for the purpose of supporting the
    38  state share of adjustments to Medicaid rates  of  payment  for  personal
    39  care  services  provided pursuant to paragraph (e) of subdivision two of
    40  section three hundred sixty-five-a of the social services law, for local
    41  social service districts which include a city with a population of  over
    42  one  million  persons  and  computed  and distributed in accordance with
    43  memorandums of understanding to be entered into between the state of New
    44  York and such local social service districts for the purpose of support-
    45  ing the recruitment and retention of personal care  service  workers  or
    46  any  worker  with  direct  patient care responsibility, from the tobacco
    47  control and insurance initiatives pool  established  for  the  following
    48  periods and the following amounts:
    49    (A) forty-four million dollars, on an annualized basis, for the period
    50  April  first,  two thousand two through December thirty-first, two thou-
    51  sand two;
    52    (B) seventy-four million dollars, on  an  annualized  basis,  for  the
    53  period  January first, two thousand three through December thirty-first,
    54  two thousand three;

        S. 2007--B                         73                         A. 3007--B
 
     1    (C) one hundred four million dollars, on an annualized basis, for  the
     2  period  January  first, two thousand four through December thirty-first,
     3  two thousand four;
     4    (D)  one  hundred  thirty-six million dollars, on an annualized basis,
     5  for the period January first, two thousand five through  December  thir-
     6  ty-first, two thousand five;
     7    (E)  one  hundred  thirty-six million dollars, on an annualized basis,
     8  for the period January first, two thousand six through December  thirty-
     9  first, two thousand six;
    10    (F)  one  hundred  thirty-six  million  dollars for the period January
    11  first, two thousand seven through December  thirty-first,  two  thousand
    12  seven;
    13    (G)  one  hundred  thirty-six  million  dollars for the period January
    14  first, two thousand eight through December  thirty-first,  two  thousand
    15  eight;
    16    (H)  one  hundred  thirty-six  million  dollars for the period January
    17  first, two thousand nine through  December  thirty-first,  two  thousand
    18  nine;
    19    (I)  one  hundred  thirty-six  million  dollars for the period January
    20  first, two thousand ten through December thirty-first, two thousand ten;
    21    (J) thirty-four million dollars for  the  period  January  first,  two
    22  thousand eleven through March thirty-first, two thousand eleven;
    23    (K)  up  to  one  hundred thirty-six million dollars each state fiscal
    24  year for the period April first, two thousand eleven through March thir-
    25  ty-first, two thousand fourteen; [and]
    26    (L) up to one hundred thirty-six million  dollars  each  state  fiscal
    27  year  for  the  period March thirty-first, two thousand fourteen through
    28  April first, two thousand seventeen[.]; and
    29    (M) up to one hundred thirty-six million  dollars  each  state  fiscal
    30  year  for  the  period April first, two thousand seventeen through March
    31  thirty-first, two thousand twenty.
    32    (ii) Adjustments to Medicaid rates made  pursuant  to  this  paragraph
    33  shall  not, in aggregate, exceed the following amounts for the following
    34  periods:
    35    (A) for the period April first,  two  thousand  two  through  December
    36  thirty-first, two thousand two, one hundred ten million dollars;
    37    (B)  for the period January first, two thousand three through December
    38  thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
    39  dollars;
    40    (C)  for  the period January first, two thousand four through December
    41  thirty-first, two thousand four, two hundred sixty million dollars;
    42    (D) for the period January first, two thousand five  through  December
    43  thirty-first, two thousand five, three hundred forty million dollars;
    44    (E)  for  the  period January first, two thousand six through December
    45  thirty-first, two thousand six, three hundred forty million dollars;
    46    (F) for the period January first, two thousand seven through  December
    47  thirty-first, two thousand seven, three hundred forty million dollars;
    48    (G)  for the period January first, two thousand eight through December
    49  thirty-first, two thousand eight, three hundred forty million dollars;
    50    (H) for the period January first, two thousand nine  through  December
    51  thirty-first, two thousand nine, three hundred forty million dollars;
    52    (I)  for  the  period January first, two thousand ten through December
    53  thirty-first, two thousand ten, three hundred forty million dollars;
    54    (J) for the period January first, two thousand  eleven  through  March
    55  thirty-first, two thousand eleven, eighty-five million dollars;

        S. 2007--B                         74                         A. 3007--B
 
     1    (K)  for  each  state  fiscal  year within the period April first, two
     2  thousand eleven through March thirty-first, two thousand fourteen, three
     3  hundred forty million dollars; [and]
     4    (L)  for  each  state  fiscal  year within the period April first, two
     5  thousand fourteen through March thirty-first,  two  thousand  seventeen,
     6  three hundred forty million dollars[.]; and
     7    (M)  for  each  state  fiscal  year within the period April first, two
     8  thousand seventeen through  March  thirty-first,  two  thousand  twenty,
     9  three hundred forty million dollars.
    10    (iii)  Personal care service providers which have their rates adjusted
    11  pursuant to this paragraph shall use  such  funds  for  the  purpose  of
    12  recruitment  and  retention  of  non-supervisory  personal care services
    13  workers or any worker with direct patient care responsibility  only  and
    14  are  prohibited  from  using such funds for any other purpose. Each such
    15  personal care services provider shall submit, at a time and in a  manner
    16  to  be determined by the commissioner, a written certification attesting
    17  that such funds will be used solely for the purpose of  recruitment  and
    18  retention of non-supervisory personal care services workers or any work-
    19  er  with direct patient care responsibility. The commissioner is author-
    20  ized to audit each such provider to ensure compliance with  the  written
    21  certification  required  by  this subdivision and shall recoup any funds
    22  determined to have been used for purposes  other  than  recruitment  and
    23  retention of non-supervisory personal care services workers or any work-
    24  er  with direct patient care responsibility. Such recoupment shall be in
    25  addition to any other penalties provided by law.
    26    (cc) Funds shall be deposited  by  the  commissioner,  within  amounts
    27  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    28  directed to receive for deposit to  the  credit  of  the  state  special
    29  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    30  or any successor fund or account, for  the  purpose  of  supporting  the
    31  state  share  of  adjustments  to Medicaid rates of payment for personal
    32  care services provided pursuant to paragraph (e) of subdivision  two  of
    33  section three hundred sixty-five-a of the social services law, for local
    34  social  service  districts  which  shall not include a city with a popu-
    35  lation of over one million persons for the  purpose  of  supporting  the
    36  personal  care  services  worker  recruitment  and  retention program as
    37  established pursuant to  section  three  hundred  sixty-seven-q  of  the
    38  social  services law, from the tobacco control and insurance initiatives
    39  pool established for the following periods and the following amounts:
    40    (i) two million eight hundred thousand dollars for  the  period  April
    41  first, two thousand two through December thirty-first, two thousand two;
    42    (ii)  five  million  six  hundred  thousand  dollars, on an annualized
    43  basis, for the period January first, two thousand three through December
    44  thirty-first, two thousand three;
    45    (iii) eight million four hundred thousand dollars,  on  an  annualized
    46  basis,  for the period January first, two thousand four through December
    47  thirty-first, two thousand four;
    48    (iv) ten million eight hundred  thousand  dollars,  on  an  annualized
    49  basis,  for the period January first, two thousand five through December
    50  thirty-first, two thousand five;
    51    (v) ten million eight  hundred  thousand  dollars,  on  an  annualized
    52  basis,  for  the period January first, two thousand six through December
    53  thirty-first, two thousand six;
    54    (vi) eleven million two hundred thousand dollars for the period  Janu-
    55  ary  first,  two thousand seven through December thirty-first, two thou-
    56  sand seven;

        S. 2007--B                         75                         A. 3007--B
 
     1    (vii) eleven million two hundred thousand dollars for the period Janu-
     2  ary first, two thousand eight through December thirty-first,  two  thou-
     3  sand eight;
     4    (viii)  eleven  million  two  hundred  thousand dollars for the period
     5  January first, two thousand  nine  through  December  thirty-first,  two
     6  thousand nine;
     7    (ix)  eleven million two hundred thousand dollars for the period Janu-
     8  ary first, two thousand ten through December thirty-first, two  thousand
     9  ten;
    10    (x)  two million eight hundred thousand dollars for the period January
    11  first, two thousand eleven  through  March  thirty-first,  two  thousand
    12  eleven;
    13    (xi)  up  to  eleven  million  two hundred thousand dollars each state
    14  fiscal year for the period April  first,  two  thousand  eleven  through
    15  March thirty-first, two thousand fourteen; [and]
    16    (xii)  up  to  eleven  million two hundred thousand dollars each state
    17  fiscal year for the period April first, two  thousand  fourteen  through
    18  March thirty-first, two thousand seventeen[.]; and
    19    (xiii)  up  to  eleven million two hundred thousand dollars each state
    20  fiscal year for the period April first, two thousand  seventeen  through
    21  March thirty-first, two thousand twenty.
    22    (dd)  Funds  shall  be  deposited  by the commissioner, within amounts
    23  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    24  directed  to  receive  for  deposit  to  the credit of the state special
    25  revenue fund - other, HCRA transfer fund, medical assistance account, or
    26  any successor fund or account, for purposes of funding the  state  share
    27  of Medicaid expenditures for physician services from the tobacco control
    28  and  insurance initiatives pool established for the following periods in
    29  the following amounts:
    30    (i) up to fifty-two million dollars for the period January first,  two
    31  thousand two through December thirty-first, two thousand two;
    32    (ii)  eighty-one  million  two hundred thousand dollars for the period
    33  January first, two thousand three  through  December  thirty-first,  two
    34  thousand three;
    35    (iii)  eighty-five million two hundred thousand dollars for the period
    36  January first, two thousand  four  through  December  thirty-first,  two
    37  thousand four;
    38    (iv)  eighty-five  million two hundred thousand dollars for the period
    39  January first, two thousand  five  through  December  thirty-first,  two
    40  thousand five;
    41    (v)  eighty-five  million  two hundred thousand dollars for the period
    42  January first, two thousand six through December thirty-first, two thou-
    43  sand six;
    44    (vi) eighty-five million two hundred thousand dollars for  the  period
    45  January  first,  two  thousand  seven through December thirty-first, two
    46  thousand seven;
    47    (vii) eighty-five million two hundred thousand dollars for the  period
    48  January  first,  two  thousand  eight through December thirty-first, two
    49  thousand eight;
    50    (viii) eighty-five million two hundred thousand dollars for the period
    51  January first, two thousand  nine  through  December  thirty-first,  two
    52  thousand nine;
    53    (ix)  eighty-five  million two hundred thousand dollars for the period
    54  January first, two thousand ten through December thirty-first, two thou-
    55  sand ten;

        S. 2007--B                         76                         A. 3007--B
 
     1    (x) twenty-one million three hundred thousand dollars for  the  period
     2  January first, two thousand eleven through March thirty-first, two thou-
     3  sand eleven; and
     4    (xi)  eighty-five  million  two  hundred  thousand  dollars each state
     5  fiscal year for the period April  first,  two  thousand  eleven  through
     6  March thirty-first, two thousand fourteen.
     7    (ee)  Funds  shall  be  deposited  by the commissioner, within amounts
     8  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     9  directed  to  receive  for  deposit  to  the credit of the state special
    10  revenue fund - other, HCRA transfer fund, medical assistance account, or
    11  any successor fund or account, for purposes of funding the  state  share
    12  of  the free-standing diagnostic and treatment center rate increases for
    13  recruitment and retention of health care workers pursuant to subdivision
    14  seventeen of section twenty-eight hundred seven of this article from the
    15  tobacco control and  insurance  initiatives  pool  established  for  the
    16  following periods in the following amounts:
    17    (i)  three  million  two hundred fifty thousand dollars for the period
    18  April first, two thousand two through December thirty-first,  two  thou-
    19  sand two;
    20    (ii) three million two hundred fifty thousand dollars on an annualized
    21  basis  for the period January first, two thousand three through December
    22  thirty-first, two thousand three;
    23    (iii) three million two hundred fifty thousand dollars on  an  annual-
    24  ized  basis  for  the  period  January  first, two thousand four through
    25  December thirty-first, two thousand four;
    26    (iv) three million two hundred fifty thousand dollars for  the  period
    27  January  first,  two  thousand  five  through December thirty-first, two
    28  thousand five;
    29    (v) three million two hundred fifty thousand dollars  for  the  period
    30  January first, two thousand six through December thirty-first, two thou-
    31  sand six;
    32    (vi)  three  million two hundred fifty thousand dollars for the period
    33  January first, two thousand seven  through  December  thirty-first,  two
    34  thousand seven;
    35    (vii) three million four hundred thirty-eight thousand dollars for the
    36  period  January first, two thousand eight through December thirty-first,
    37  two thousand eight;
    38    (viii) two million four hundred fifty thousand dollars for the  period
    39  January  first,  two  thousand  nine  through December thirty-first, two
    40  thousand nine;
    41    (ix) one million five hundred thousand dollars for the period  January
    42  first, two thousand ten through December thirty-first, two thousand ten;
    43  and
    44    (x)  three hundred twenty-five thousand dollars for the period January
    45  first, two thousand eleven  through  March  thirty-first,  two  thousand
    46  eleven.
    47    (ff)  Funds  shall  be  deposited  by the commissioner, within amounts
    48  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    49  directed  to  receive  for  deposit  to  the credit of the state special
    50  revenue fund - other, HCRA transfer fund, medical assistance account, or
    51  any successor fund or account, for purposes of funding the  state  share
    52  of  Medicaid expenditures for disabled persons as authorized pursuant to
    53  former subparagraphs twelve and thirteen of paragraph (a) of subdivision
    54  one of section three hundred sixty-six of the social services  law  from
    55  the  tobacco  control and insurance initiatives pool established for the
    56  following periods in the following amounts:

        S. 2007--B                         77                         A. 3007--B
 
     1    (i) one million eight hundred thousand dollars for  the  period  April
     2  first, two thousand two through December thirty-first, two thousand two;
     3    (ii)  sixteen  million  four hundred thousand dollars on an annualized
     4  basis for the period January first, two thousand three through  December
     5  thirty-first, two thousand three;
     6    (iii) eighteen million seven hundred thousand dollars on an annualized
     7  basis  for  the period January first, two thousand four through December
     8  thirty-first, two thousand four;
     9    (iv) thirty million six hundred thousand dollars for the period  Janu-
    10  ary first, two thousand five through December thirty-first, two thousand
    11  five;
    12    (v) thirty million six hundred thousand dollars for the period January
    13  first, two thousand six through December thirty-first, two thousand six;
    14    (vi)  thirty million six hundred thousand dollars for the period Janu-
    15  ary first, two thousand seven through December thirty-first,  two  thou-
    16  sand seven;
    17    (vii)  fifteen million dollars for the period January first, two thou-
    18  sand eight through December thirty-first, two thousand eight;
    19    (viii) fifteen million dollars for the period January first, two thou-
    20  sand nine through December thirty-first, two thousand nine;
    21    (ix) fifteen million dollars for the period January first,  two  thou-
    22  sand ten through December thirty-first, two thousand ten;
    23    (x)  three million seven hundred fifty thousand dollars for the period
    24  January first, two thousand eleven through March thirty-first, two thou-
    25  sand eleven;
    26    (xi) fifteen million dollars each state fiscal  year  for  the  period
    27  April  first,  two thousand eleven through March thirty-first, two thou-
    28  sand fourteen; [and]
    29    (xii) fifteen million dollars each state fiscal year  for  the  period
    30  April first, two thousand fourteen through March thirty-first, two thou-
    31  sand seventeen[.]; and
    32    (xiii)  fifteen  million dollars each state fiscal year for the period
    33  April first, two thousand  seventeen  through  March  thirty-first,  two
    34  thousand twenty.
    35    (gg)  Funds  shall  be  reserved and accumulated from year to year and
    36  shall be available, including income from invested funds,  for  purposes
    37  of  grants  to non-public general hospitals pursuant to paragraph (c) of
    38  subdivision thirty of section twenty-eight hundred seven-c of this arti-
    39  cle from the tobacco control and insurance initiatives pool  established
    40  for the following periods in the following amounts:
    41    (i)  up to one million three hundred thousand dollars on an annualized
    42  basis for the period January first, two thousand  two  through  December
    43  thirty-first, two thousand two;
    44    (ii) up to three million two hundred thousand dollars on an annualized
    45  basis  for the period January first, two thousand three through December
    46  thirty-first, two thousand three;
    47    (iii) up to five million six hundred thousand dollars on an annualized
    48  basis for the period January first, two thousand four  through  December
    49  thirty-first, two thousand four;
    50    (iv)  up  to eight million six hundred thousand dollars for the period
    51  January first, two thousand  five  through  December  thirty-first,  two
    52  thousand five;
    53    (v)  up to eight million six hundred thousand dollars on an annualized
    54  basis for the period January first, two thousand  six  through  December
    55  thirty-first, two thousand six;

        S. 2007--B                         78                         A. 3007--B
 
     1    (vi)  up  to  two  million six hundred thousand dollars for the period
     2  January first, two thousand seven  through  December  thirty-first,  two
     3  thousand seven;
     4    (vii)  up  to  two million six hundred thousand dollars for the period
     5  January first, two thousand eight  through  December  thirty-first,  two
     6  thousand eight;
     7    (viii)  up  to two million six hundred thousand dollars for the period
     8  January first, two thousand  nine  through  December  thirty-first,  two
     9  thousand nine;
    10    (ix)  up  to  two  million six hundred thousand dollars for the period
    11  January first, two thousand ten through December thirty-first, two thou-
    12  sand ten; and
    13    (x) up to six hundred fifty thousand dollars for  the  period  January
    14  first,  two  thousand  eleven  through  March thirty-first, two thousand
    15  eleven.
    16    (hh) Funds shall be deposited  by  the  commissioner,  within  amounts
    17  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    18  directed to receive for deposit to the credit  of  the  special  revenue
    19  fund  -  other,  HCRA  transfer  fund,  medical  assistance  account for
    20  purposes of providing financial assistance to  residential  health  care
    21  facilities  pursuant  to subdivisions nineteen and twenty-one of section
    22  twenty-eight hundred eight of this article, from the tobacco control and
    23  insurance initiatives pool established for the following periods in  the
    24  following amounts:
    25    (i)  for  the  period  April  first, two thousand two through December
    26  thirty-first, two thousand two, ten million dollars;
    27    (ii) for the period January first, two thousand three through December
    28  thirty-first, two thousand three, nine million four hundred fifty  thou-
    29  sand dollars;
    30    (iii) for the period January first, two thousand four through December
    31  thirty-first,  two thousand four, nine million three hundred fifty thou-
    32  sand dollars;
    33    (iv) up to fifteen million dollars for the period January  first,  two
    34  thousand five through December thirty-first, two thousand five;
    35    (v)  up  to  fifteen million dollars for the period January first, two
    36  thousand six through December thirty-first, two thousand six;
    37    (vi) up to fifteen million dollars for the period January  first,  two
    38  thousand seven through December thirty-first, two thousand seven;
    39    (vii)  up to fifteen million dollars for the period January first, two
    40  thousand eight through December thirty-first, two thousand eight;
    41    (viii) up to fifteen million dollars for the period January first, two
    42  thousand nine through December thirty-first, two thousand nine;
    43    (ix) up to fifteen million dollars for the period January  first,  two
    44  thousand ten through December thirty-first, two thousand ten;
    45    (x)  up  to three million seven hundred fifty thousand dollars for the
    46  period January first, two thousand eleven  through  March  thirty-first,
    47  two thousand eleven; and
    48    (xi)  fifteen  million  dollars  each state fiscal year for the period
    49  April first, two thousand eleven through March thirty-first,  two  thou-
    50  sand fourteen.
    51    (ii)  Funds  shall  be  deposited  by the commissioner, within amounts
    52  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    53  directed  to  receive  for  deposit  to  the credit of the state special
    54  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    55  or  any  successor  fund  or  account, for the purpose of supporting the
    56  state share of Medicaid expenditures for disabled persons as  authorized

        S. 2007--B                         79                         A. 3007--B
 
     1  by sections 1619 (a) and (b) of the federal social security act pursuant
     2  to  the  tobacco  control and insurance initiatives pool established for
     3  the following periods in the following amounts:
     4    (i)  six  million  four  hundred thousand dollars for the period April
     5  first, two thousand two through December thirty-first, two thousand two;
     6    (ii) eight million five hundred thousand dollars, for the period Janu-
     7  ary first, two thousand three through December thirty-first,  two  thou-
     8  sand three;
     9    (iii) eight million five hundred thousand dollars for the period Janu-
    10  ary first, two thousand four through December thirty-first, two thousand
    11  four;
    12    (iv)  eight million five hundred thousand dollars for the period Janu-
    13  ary first, two thousand five through December thirty-first, two thousand
    14  five;
    15    (v) eight million five hundred thousand dollars for the period January
    16  first, two thousand six through December thirty-first, two thousand six;
    17    (vi) eight million six hundred thousand dollars for the period January
    18  first, two thousand seven through December  thirty-first,  two  thousand
    19  seven;
    20    (vii) eight million five hundred thousand dollars for the period Janu-
    21  ary  first,  two thousand eight through December thirty-first, two thou-
    22  sand eight;
    23    (viii) eight million five hundred  thousand  dollars  for  the  period
    24  January  first,  two  thousand  nine  through December thirty-first, two
    25  thousand nine;
    26    (ix) eight million five hundred thousand dollars for the period  Janu-
    27  ary  first, two thousand ten through December thirty-first, two thousand
    28  ten;
    29    (x) two million one hundred twenty-five thousand dollars for the peri-
    30  od January first, two thousand eleven through  March  thirty-first,  two
    31  thousand eleven;
    32    (xi)  eight  million  five  hundred thousand dollars each state fiscal
    33  year for the period April first, two thousand eleven through March thir-
    34  ty-first, two thousand fourteen; [and]
    35    (xii) eight million five hundred thousand dollars  each  state  fiscal
    36  year  for  the  period  April first, two thousand fourteen through March
    37  thirty-first, two thousand seventeen[.]; and
    38    (xiii) eight million five hundred thousand dollars each  state  fiscal
    39  year  for  the  period April first, two thousand seventeen through March
    40  thirty-first, two thousand twenty.
    41    (jj) Funds shall be reserved and accumulated from  year  to  year  and
    42  shall  be  available,  including  income  from  invested  funds, for the
    43  purposes of a grant program to improve access to  infertility  services,
    44  treatments and procedures, from the tobacco control and insurance initi-
    45  atives  pool  established for the period January first, two thousand two
    46  through December thirty-first, two thousand two in the  amount  of  nine
    47  million  one hundred seventy-five thousand dollars, for the period April
    48  first, two thousand six through March thirty-first, two  thousand  seven
    49  in  the  amount of five million dollars, for the period April first, two
    50  thousand seven through March thirty-first, two  thousand  eight  in  the
    51  amount of five million dollars, for the period April first, two thousand
    52  eight  through  March  thirty-first,  two thousand nine in the amount of
    53  five million dollars, and for the period April first, two thousand  nine
    54  through  March  thirty-first,  two  thousand  ten  in the amount of five
    55  million dollars, for the period April first, two  thousand  ten  through
    56  March thirty-first, two thousand eleven in the amount of two million two

        S. 2007--B                         80                         A. 3007--B
 
     1  hundred  thousand  dollars, and for the period April first, two thousand
     2  eleven through March thirty-first, two thousand twelve up to one million
     3  one hundred thousand dollars.
     4    (kk)  Funds  shall  be  deposited  by the commissioner, within amounts
     5  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     6  directed  to  receive  for  deposit  to  the credit of the state special
     7  revenue funds -- other, HCRA transfer fund, medical assistance  account,
     8  or  any  successor  fund  or  account, for purposes of funding the state
     9  share of  Medical  Assistance  Program  expenditures  from  the  tobacco
    10  control  and  insurance  initiatives  pool established for the following
    11  periods in the following amounts:
    12    (i) thirty-eight million eight hundred thousand dollars for the period
    13  January first, two thousand two through December thirty-first, two thou-
    14  sand two;
    15    (ii) up to two hundred ninety-five  million  dollars  for  the  period
    16  January  first,  two  thousand  three through December thirty-first, two
    17  thousand three;
    18    (iii) up to four hundred seventy-two million dollars  for  the  period
    19  January  first,  two  thousand  four  through December thirty-first, two
    20  thousand four;
    21    (iv) up to nine hundred million dollars for the period January  first,
    22  two thousand five through December thirty-first, two thousand five;
    23    (v)  up  to  eight  hundred  sixty-six  million three hundred thousand
    24  dollars for the period January first, two thousand six through  December
    25  thirty-first, two thousand six;
    26    (vi)  up to six hundred sixteen million seven hundred thousand dollars
    27  for the period January first, two thousand seven through December  thir-
    28  ty-first, two thousand seven;
    29    (vii)  up  to  five hundred seventy-eight million nine hundred twenty-
    30  five thousand dollars for the period January first, two  thousand  eight
    31  through December thirty-first, two thousand eight; and
    32    (viii)  within  amounts  appropriated  on and after January first, two
    33  thousand nine.
    34    (ll) Funds shall be deposited  by  the  commissioner,  within  amounts
    35  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    36  directed to receive for deposit to  the  credit  of  the  state  special
    37  revenue  funds -- other, HCRA transfer fund, medical assistance account,
    38  or any successor fund or account, for  purposes  of  funding  the  state
    39  share  of Medicaid expenditures related to the city of New York from the
    40  tobacco control and  insurance  initiatives  pool  established  for  the
    41  following periods in the following amounts:
    42    (i)  eighty-two  million seven hundred thousand dollars for the period
    43  January first, two thousand two through December thirty-first, two thou-
    44  sand two;
    45    (ii) one hundred twenty-four million six hundred thousand dollars  for
    46  the  period  January  first, two thousand three through December thirty-
    47  first, two thousand three;
    48    (iii) one hundred twenty-four million seven hundred  thousand  dollars
    49  for  the  period January first, two thousand four through December thir-
    50  ty-first, two thousand four;
    51    (iv) one hundred twenty-four million seven  hundred  thousand  dollars
    52  for  the  period January first, two thousand five through December thir-
    53  ty-first, two thousand five;
    54    (v) one hundred twenty-four million seven hundred thousand dollars for
    55  the period January first, two  thousand  six  through  December  thirty-
    56  first, two thousand six;

        S. 2007--B                         81                         A. 3007--B
 
     1    (vi)  one  hundred  twenty-four million seven hundred thousand dollars
     2  for the period January first, two thousand seven through December  thir-
     3  ty-first, two thousand seven;
     4    (vii)  one  hundred twenty-four million seven hundred thousand dollars
     5  for the period January first, two thousand eight through December  thir-
     6  ty-first, two thousand eight;
     7    (viii)  one hundred twenty-four million seven hundred thousand dollars
     8  for the period January first, two thousand nine through  December  thir-
     9  ty-first, two thousand nine;
    10    (ix)  one  hundred  twenty-four million seven hundred thousand dollars
    11  for the period January first, two thousand ten through December  thirty-
    12  first, two thousand ten;
    13    (x)  thirty-one  million one hundred seventy-five thousand dollars for
    14  the period January first, two  thousand  eleven  through  March  thirty-
    15  first, two thousand eleven; and
    16    (xi)  one  hundred  twenty-four million seven hundred thousand dollars
    17  each state fiscal year for the period April first, two  thousand  eleven
    18  through March thirty-first, two thousand fourteen.
    19    (mm)  Funds  shall  be  deposited  by the commissioner, within amounts
    20  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    21  directed  to  receive  for  deposit  to  the credit of the state special
    22  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    23  or  any  successor  fund  or  account, for purposes of funding specified
    24  percentages of the state share of services and expenses related  to  the
    25  family health plus program in accordance with the following schedule:
    26    (i)  (A)  for  the  period  January  first, two thousand three through
    27  December thirty-first, two thousand four, one  hundred  percent  of  the
    28  state share;
    29    (B)  for  the period January first, two thousand five through December
    30  thirty-first, two thousand  five,  seventy-five  percent  of  the  state
    31  share; and[,]
    32    (C)  for  periods  beginning  on and after January first, two thousand
    33  six, fifty percent of the state share.
    34    (ii) Funding for the family health plus program  will  include  up  to
    35  five million dollars annually for the period January first, two thousand
    36  three  through  December  thirty-first,  two  thousand  six,  up to five
    37  million dollars for the period January first, two thousand seven through
    38  December thirty-first, two thousand  seven,  up  to  seven  million  two
    39  hundred  thousand  dollars  for  the  period January first, two thousand
    40  eight through December thirty-first, two thousand  eight,  up  to  seven
    41  million  two  hundred thousand dollars for the period January first, two
    42  thousand nine through December thirty-first, two thousand  nine,  up  to
    43  seven million two hundred thousand dollars for the period January first,
    44  two  thousand ten through December thirty-first, two thousand ten, up to
    45  one million eight hundred thousand dollars for the period January first,
    46  two thousand eleven through March thirty-first, two thousand eleven,  up
    47  to  six  million forty-nine thousand dollars for the period April first,
    48  two thousand eleven through March thirty-first, two thousand twelve,  up
    49  to  six  million two hundred eighty-nine thousand dollars for the period
    50  April first, two thousand twelve through March thirty-first,  two  thou-
    51  sand  thirteen,  and  up  to six million four hundred sixty-one thousand
    52  dollars for the period April first, two thousand thirteen through  March
    53  thirty-first,  two  thousand  fourteen, for administration and marketing
    54  costs associated with such program established pursuant to  clauses  (A)
    55  and  (B)  of  subparagraph  (v)  of  paragraph (a) of subdivision two of
    56  section three hundred sixty-nine-ee of the social services law from  the

        S. 2007--B                         82                         A. 3007--B
 
     1  tobacco  control  and  insurance  initiatives  pool  established for the
     2  following periods in the following amounts:
     3    (A)  one  hundred  ninety million six hundred thousand dollars for the
     4  period January first, two thousand three through December  thirty-first,
     5  two thousand three;
     6    (B)  three hundred seventy-four million dollars for the period January
     7  first, two thousand four through  December  thirty-first,  two  thousand
     8  four;
     9    (C)  five  hundred  thirty-eight million four hundred thousand dollars
    10  for the period January first, two thousand five through  December  thir-
    11  ty-first, two thousand five;
    12    (D) three hundred eighteen million seven hundred seventy-five thousand
    13  dollars  for the period January first, two thousand six through December
    14  thirty-first, two thousand six;
    15    (E) four hundred eighty-two million eight hundred thousand dollars for
    16  the period January first, two thousand seven  through  December  thirty-
    17  first, two thousand seven;
    18    (F)  five hundred seventy million twenty-five thousand dollars for the
    19  period January first, two thousand eight through December  thirty-first,
    20  two thousand eight;
    21    (G) six hundred ten million seven hundred twenty-five thousand dollars
    22  for  the  period January first, two thousand nine through December thir-
    23  ty-first, two thousand nine;
    24    (H) six hundred twenty-seven million two hundred seventy-five thousand
    25  dollars for the period January first, two thousand ten through  December
    26  thirty-first, two thousand ten;
    27    (I)  one  hundred fifty-seven million eight hundred seventy-five thou-
    28  sand dollars for the period January first, two thousand  eleven  through
    29  March thirty-first, two thousand eleven;
    30    (J) six hundred twenty-eight million four hundred thousand dollars for
    31  the  period April first, two thousand eleven through March thirty-first,
    32  two thousand twelve;
    33    (K) six hundred fifty million four hundred thousand  dollars  for  the
    34  period  April first, two thousand twelve through March thirty-first, two
    35  thousand thirteen;
    36    (L) six hundred fifty million four hundred thousand  dollars  for  the
    37  period  April  first,  two thousand thirteen through March thirty-first,
    38  two thousand fourteen; and
    39    (M) up to three hundred ten million five hundred ninety-five  thousand
    40  dollars  for the period April first, two thousand fourteen through March
    41  thirty-first, two thousand fifteen.
    42    (nn) Funds shall be deposited  by  the  commissioner,  within  amounts
    43  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    44  directed to receive for deposit to  the  credit  of  the  state  special
    45  revenue  fund - other, HCRA transfer fund, health care services account,
    46  or any successor fund or account, for purposes  related  to  adult  home
    47  initiatives  for  medicaid  eligible residents of residential facilities
    48  licensed pursuant to section four hundred sixty-b of the social services
    49  law from the tobacco control and insurance initiatives pool  established
    50  for the following periods in the following amounts:
    51    (i) up to four million dollars for the period January first, two thou-
    52  sand three through December thirty-first, two thousand three;
    53    (ii) up to six million dollars for the period January first, two thou-
    54  sand four through December thirty-first, two thousand four;
    55    (iii)  up  to  eight million dollars for the period January first, two
    56  thousand  five  through  December  thirty-first,  two   thousand   five,

        S. 2007--B                         83                         A. 3007--B
 
     1  provided,  however,  that  up to five million two hundred fifty thousand
     2  dollars of such funds shall be received by the comptroller and deposited
     3  to the credit of the special revenue fund - other / aid  to  localities,
     4  HCRA  transfer  fund - 061, enhanced community services account - 05, or
     5  any successor fund or account, for the purposes set forth in this  para-
     6  graph;
     7    (iv)  up  to  eight  million dollars for the period January first, two
     8  thousand six through December thirty-first, two thousand six,  provided,
     9  however,  that  up to five million two hundred fifty thousand dollars of
    10  such funds shall be received by the comptroller  and  deposited  to  the
    11  credit  of  the  special  revenue fund - other / aid to localities, HCRA
    12  transfer fund - 061, enhanced community services account -  05,  or  any
    13  successor fund or account, for the purposes set forth in this paragraph;
    14    (v)  up  to  eight  million  dollars for the period January first, two
    15  thousand  seven  through  December  thirty-first,  two  thousand  seven,
    16  provided,  however,  that  up to five million two hundred fifty thousand
    17  dollars of such funds shall be received by the comptroller and deposited
    18  to the credit of the special revenue fund - other / aid  to  localities,
    19  HCRA  transfer  fund - 061, enhanced community services account - 05, or
    20  any successor fund or account, for the purposes set forth in this  para-
    21  graph;
    22    (vi)  up  to  two million seven hundred fifty thousand dollars for the
    23  period January first, two thousand eight through December  thirty-first,
    24  two thousand eight;
    25    (vii)  up  to two million seven hundred fifty thousand dollars for the
    26  period January first, two thousand nine through  December  thirty-first,
    27  two thousand nine;
    28    (viii)  up to two million seven hundred fifty thousand dollars for the
    29  period January first, two thousand ten  through  December  thirty-first,
    30  two thousand ten; and
    31    (ix)  up  to  six hundred eighty-eight thousand dollars for the period
    32  January first, two thousand eleven through March thirty-first, two thou-
    33  sand eleven.
    34    (oo) Funds shall be reserved and accumulated from  year  to  year  and
    35  shall  be  available, including income from invested funds, for purposes
    36  of grants to non-public general hospitals pursuant to paragraph  (e)  of
    37  subdivision  twenty-five of section twenty-eight hundred seven-c of this
    38  article from the tobacco control and insurance initiatives  pool  estab-
    39  lished for the following periods in the following amounts:
    40    (i)  up  to five million dollars on an annualized basis for the period
    41  January first, two thousand  four  through  December  thirty-first,  two
    42  thousand four;
    43    (ii)  up  to  five  million  dollars for the period January first, two
    44  thousand five through December thirty-first, two thousand five;
    45    (iii) up to five million dollars for the  period  January  first,  two
    46  thousand six through December thirty-first, two thousand six;
    47    (iv)  up  to  five  million  dollars for the period January first, two
    48  thousand seven through December thirty-first, two thousand seven;
    49    (v) up to five million dollars for the period January first, two thou-
    50  sand eight through December thirty-first, two thousand eight;
    51    (vi) up to five million dollars for  the  period  January  first,  two
    52  thousand nine through December thirty-first, two thousand nine;
    53    (vii)  up  to  five  million dollars for the period January first, two
    54  thousand ten through December thirty-first, two thousand ten; and

        S. 2007--B                         84                         A. 3007--B
 
     1    (viii) up to one million two hundred fifty thousand  dollars  for  the
     2  period  January  first,  two thousand eleven through March thirty-first,
     3  two thousand eleven.
     4    (pp)  Funds  shall  be  reserved and accumulated from year to year and
     5  shall be available,  including  income  from  invested  funds,  for  the
     6  purpose  of  supporting  the provision of tax credits for long term care
     7  insurance pursuant to subdivision one of section one hundred  ninety  of
     8  the  tax  law, paragraph (a) of subdivision twenty-five-a of section two
     9  hundred ten of such law, subsection (aa) of section six hundred  six  of
    10  such  law,  paragraph  one of subsection (k) of section fourteen hundred
    11  fifty-six of such law and paragraph one of subdivision  (m)  of  section
    12  fifteen hundred eleven of such law, in the following amounts:
    13    (i)  ten  million  dollars  for the period January first, two thousand
    14  four through December thirty-first, two thousand four;
    15    (ii) ten million dollars for the period January  first,  two  thousand
    16  five through December thirty-first, two thousand five;
    17    (iii)  ten  million dollars for the period January first, two thousand
    18  six through December thirty-first, two thousand six; and
    19    (iv) five million dollars for the period January first,  two  thousand
    20  seven through June thirtieth, two thousand seven.
    21    (qq)  Funds  shall  be  reserved and accumulated from year to year and
    22  shall be available,  including  income  from  invested  funds,  for  the
    23  purpose  of  supporting  the  long-term  care  insurance  education  and
    24  outreach program established pursuant to section two hundred seventeen-a
    25  of the elder law for the following periods in the following amounts:
    26    (i) up to five million dollars for the period January first, two thou-
    27  sand four through December thirty-first,  two  thousand  four;  of  such
    28  funds  one  million  nine  hundred  fifty thousand dollars shall be made
    29  available to the department for the purpose of developing,  implementing
    30  and  administering  the  long-term care insurance education and outreach
    31  program and three million fifty thousand dollars shall be  deposited  by
    32  the  commissioner,  within  amounts appropriated, and the comptroller is
    33  hereby authorized and directed to receive for deposit to the  credit  of
    34  the  special  revenue  funds - other, HCRA transfer fund, long term care
    35  insurance resource center account of the state office for the  aging  or
    36  any  future  account designated for the purpose of implementing the long
    37  term care insurance education and outreach  program  and  providing  the
    38  long  term  care insurance resource centers with the necessary resources
    39  to carry out their operations;
    40    (ii) up to five million dollars for  the  period  January  first,  two
    41  thousand  five through December thirty-first, two thousand five; of such
    42  funds one million nine hundred fifty  thousand  dollars  shall  be  made
    43  available  to the department for the purpose of developing, implementing
    44  and administering the long-term care insurance  education  and  outreach
    45  program  and  three million fifty thousand dollars shall be deposited by
    46  the commissioner, within amounts appropriated, and  the  comptroller  is
    47  hereby  authorized  and directed to receive for deposit to the credit of
    48  the special revenue funds - other, HCRA transfer fund,  long  term  care
    49  insurance  resource  center account of the state office for the aging or
    50  any future account designated for the purpose of implementing  the  long
    51  term  care  insurance  education  and outreach program and providing the
    52  long term care insurance resource centers with the  necessary  resources
    53  to carry out their operations;
    54    (iii)  up  to  five  million dollars for the period January first, two
    55  thousand six through December thirty-first, two thousand  six;  of  such
    56  funds  one  million  nine  hundred  fifty thousand dollars shall be made

        S. 2007--B                         85                         A. 3007--B
 
     1  available to the department for the purpose of developing,  implementing
     2  and  administering  the  long-term care insurance education and outreach
     3  program and three million fifty thousand dollars shall be made available
     4  to  the  office for the aging for the purpose of providing the long term
     5  care insurance resource centers with the necessary  resources  to  carry
     6  out their operations;
     7    (iv)  up  to  five  million  dollars for the period January first, two
     8  thousand seven through December thirty-first,  two  thousand  seven;  of
     9  such funds one million nine hundred fifty thousand dollars shall be made
    10  available  to the department for the purpose of developing, implementing
    11  and administering the long-term care insurance  education  and  outreach
    12  program and three million fifty thousand dollars shall be made available
    13  to  the  office for the aging for the purpose of providing the long term
    14  care insurance resource centers with the necessary  resources  to  carry
    15  out their operations;
    16    (v) up to five million dollars for the period January first, two thou-
    17  sand  eight  through  December thirty-first, two thousand eight; of such
    18  funds one million nine hundred fifty  thousand  dollars  shall  be  made
    19  available  to the department for the purpose of developing, implementing
    20  and administering the long term care insurance  education  and  outreach
    21  program and three million fifty thousand dollars shall be made available
    22  to  the  office for the aging for the purpose of providing the long term
    23  care insurance resource centers with the necessary  resources  to  carry
    24  out their operations;
    25    (vi)  up  to  five  million  dollars for the period January first, two
    26  thousand nine through December thirty-first, two thousand nine; of  such
    27  funds  one  million  nine  hundred  fifty thousand dollars shall be made
    28  available to the department for the purpose of developing,  implementing
    29  and  administering  the  long-term care insurance education and outreach
    30  program and three million fifty thousand dollars shall be made available
    31  to the office for the aging for the purpose of providing  the  long-term
    32  care  insurance  resource  centers with the necessary resources to carry
    33  out their operations;
    34    (vii) up to four hundred eighty-eight thousand dollars for the  period
    35  January first, two thousand ten through March thirty-first, two thousand
    36  ten;  of  such funds four hundred eighty-eight thousand dollars shall be
    37  made available to the department for the purpose of  developing,  imple-
    38  menting  and  administering  the  long-term care insurance education and
    39  outreach program.
    40    (rr) Funds shall be reserved and accumulated from the tobacco  control
    41  and  insurance initiatives pool and shall be available, including income
    42  from invested funds, for the purpose of supporting expenses  related  to
    43  implementation  of  the provisions of title III of article twenty-nine-D
    44  of this chapter, for the following periods and in the following amounts:
    45    (i) up to ten million dollars for the period January first, two  thou-
    46  sand six through December thirty-first, two thousand six;
    47    (ii) up to ten million dollars for the period January first, two thou-
    48  sand seven through December thirty-first, two thousand seven;
    49    (iii)  up  to  ten  million  dollars for the period January first, two
    50  thousand eight through December thirty-first, two thousand eight;
    51    (iv) up to ten million dollars for the period January first, two thou-
    52  sand nine through December thirty-first, two thousand nine;
    53    (v) up to ten million dollars for the period January first, two  thou-
    54  sand ten through December thirty-first, two thousand ten; and

        S. 2007--B                         86                         A. 3007--B
 
     1    (vi)  up  to  two million five hundred thousand dollars for the period
     2  January first, two thousand eleven through March thirty-first, two thou-
     3  sand eleven.
     4    (ss)  Funds shall be reserved and accumulated from the tobacco control
     5  and insurance initiatives pool and used for a health care  stabilization
     6  program  established by the commissioner for the purposes of stabilizing
     7  critical health care providers and health care programs whose ability to
     8  continue to provide appropriate services are threatened by financial  or
     9  other  challenges,  in  the amount of up to twenty-eight million dollars
    10  for the period July first, two thousand four through June thirtieth, two
    11  thousand five. Notwithstanding the provisions  of  section  one  hundred
    12  twelve  of  the state finance law or any other inconsistent provision of
    13  the state finance law or any other law, funds available for distribution
    14  pursuant to this paragraph may  be  allocated  and  distributed  by  the
    15  commissioner,  or  the state comptroller as applicable without a compet-
    16  itive bid or request for proposal process. Considerations relied upon by
    17  the commissioner in determining the allocation and distribution of these
    18  funds shall include, but not be  limited  to,  the  following:  (i)  the
    19  importance  of  the  provider or program in meeting critical health care
    20  needs in the community in  which  it  operates;  (ii)  the  provider  or
    21  program provision of care to under-served populations; (iii) the quality
    22  of the care or services the provider or program delivers; (iv) the abil-
    23  ity  of  the  provider  or program to continue to deliver an appropriate
    24  level of care or services if additional funding is made  available;  (v)
    25  the  ability  of  the provider or program to access, in a timely manner,
    26  alternative sources of funding, including other  sources  of  government
    27  funding; (vi) the ability of other providers or programs in the communi-
    28  ty  to  meet the community health care needs; (vii) whether the provider
    29  or program has an appropriate plan to improve its  financial  condition;
    30  and  (viii)  whether  additional  funding  would  permit the provider or
    31  program to consolidate, relocate, or close programs  or  services  where
    32  such  actions  would  result  in greater stability and efficiency in the
    33  delivery of needed health care services or programs.
    34    (tt) Funds shall be reserved and accumulated from  year  to  year  and
    35  shall  be  available, including income from invested funds, for purposes
    36  of providing grants  for  two  long  term  care  demonstration  projects
    37  designed  to test new models for the delivery of long term care services
    38  established pursuant to section twenty-eight  hundred  seven-x  of  this
    39  chapter, for the following periods and in the following amounts:
    40    (i)  up to five hundred thousand dollars for the period January first,
    41  two thousand four through December thirty-first, two thousand four;
    42    (ii) up to five hundred thousand dollars for the period January first,
    43  two thousand five through December thirty-first, two thousand five;
    44    (iii) up to five hundred  thousand  dollars  for  the  period  January
    45  first, two thousand six through December thirty-first, two thousand six;
    46    (iv) up to one million dollars for the period January first, two thou-
    47  sand seven through December thirty-first, two thousand seven; and
    48    (v)  up  to  two hundred fifty thousand dollars for the period January
    49  first, two thousand  eight  through  March  thirty-first,  two  thousand
    50  eight.
    51    (uu)  Funds  shall  be  reserved and accumulated from year to year and
    52  shall be available,  including  income  from  invested  funds,  for  the
    53  purpose  of supporting disease management and telemedicine demonstration
    54  programs authorized pursuant to section  twenty-one  hundred  eleven  of
    55  this chapter for the following periods in the following amounts:

        S. 2007--B                         87                         A. 3007--B
 
     1    (i)  five  million  dollars for the period January first, two thousand
     2  four through December thirty-first, two thousand four,  of  which  three
     3  million  dollars shall be available for disease management demonstration
     4  programs and two million dollars shall  be  available  for  telemedicine
     5  demonstration programs;
     6    (ii)  five  million dollars for the period January first, two thousand
     7  five through December thirty-first, two thousand five,  of  which  three
     8  million  dollars shall be available for disease management demonstration
     9  programs and two million dollars shall  be  available  for  telemedicine
    10  demonstration programs;
    11    (iii)  nine million five hundred thousand dollars for the period Janu-
    12  ary first, two thousand six through December thirty-first, two  thousand
    13  six,  of  which  seven  million  five  hundred thousand dollars shall be
    14  available for disease management demonstration programs and two  million
    15  dollars shall be available for telemedicine demonstration programs;
    16    (iv) nine million five hundred thousand dollars for the period January
    17  first,  two  thousand  seven through December thirty-first, two thousand
    18  seven, of which seven million five hundred  thousand  dollars  shall  be
    19  available  for disease management demonstration programs and one million
    20  dollars shall be available for telemedicine demonstration programs;
    21    (v) nine million five hundred thousand dollars for the period  January
    22  first,  two  thousand  eight through December thirty-first, two thousand
    23  eight, of which seven million five hundred  thousand  dollars  shall  be
    24  available  for disease management demonstration programs and two million
    25  dollars shall be available for telemedicine demonstration programs;
    26    (vi) seven million eight hundred thirty-three thousand  three  hundred
    27  thirty-three  dollars  for  the  period January first, two thousand nine
    28  through December thirty-first, two thousand nine, of which seven million
    29  five hundred thousand dollars shall be available for disease  management
    30  demonstration  programs  and  three  hundred thirty-three thousand three
    31  hundred thirty-three dollars shall be available for telemedicine  demon-
    32  stration  programs  for  the  period  January  first,  two thousand nine
    33  through March first, two thousand nine;
    34    (vii) one million eight hundred seventy-five thousand dollars for  the
    35  period  January  first, two thousand ten through March thirty-first, two
    36  thousand ten shall be available  for  disease  management  demonstration
    37  programs.
    38    (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
    39  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    40  directed  to  receive for the deposit to the credit of the state special
    41  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    42  or  any  successor  fund  or  account, for purposes of funding the state
    43  share of the  general  hospital  rates  increases  for  recruitment  and
    44  retention  of  health care workers pursuant to paragraph (e) of subdivi-
    45  sion thirty of section twenty-eight hundred seven-c of this article from
    46  the tobacco control and insurance initiatives pool established  for  the
    47  following periods in the following amounts:
    48    (i) sixty million five hundred thousand dollars for the period January
    49  first,  two  thousand  five  through December thirty-first, two thousand
    50  five; and
    51    (ii) sixty million five hundred thousand dollars for the period  Janu-
    52  ary  first, two thousand six through December thirty-first, two thousand
    53  six.
    54    (xx) Funds shall be deposited  by  the  commissioner,  within  amounts
    55  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    56  directed to receive for the deposit to the credit of the  state  special

        S. 2007--B                         88                         A. 3007--B
 
     1  revenue  funds  - other, HCRA transfer fund, medical assistance account,
     2  or any successor fund or account, for  purposes  of  funding  the  state
     3  share of the general hospital rates increases for rural hospitals pursu-
     4  ant to subdivision thirty-two of section twenty-eight hundred seven-c of
     5  this  article  from  the  tobacco control and insurance initiatives pool
     6  established for the following periods in the following amounts:
     7    (i) three million five hundred thousand dollars for the period January
     8  first, two thousand five through  December  thirty-first,  two  thousand
     9  five;
    10    (ii)  three million five hundred thousand dollars for the period Janu-
    11  ary first, two thousand six through December thirty-first, two  thousand
    12  six;
    13    (iii) three million five hundred thousand dollars for the period Janu-
    14  ary  first,  two thousand seven through December thirty-first, two thou-
    15  sand seven;
    16    (iv) three million five hundred thousand dollars for the period  Janu-
    17  ary  first,  two thousand eight through December thirty-first, two thou-
    18  sand eight; and
    19    (v) three million two hundred eight thousand dollars  for  the  period
    20  January  first,  two thousand nine through November thirtieth, two thou-
    21  sand nine.
    22    (yy) Funds shall be reserved and accumulated from  year  to  year  and
    23  shall  be  available,  within  amounts  appropriated and notwithstanding
    24  section one hundred twelve of  the  state  finance  law  and  any  other
    25  contrary  provision  of law, for the purpose of supporting grants not to
    26  exceed five million dollars to be made by  the  commissioner  without  a
    27  competitive  bid  or  request  for  proposal  process, in support of the
    28  delivery of critically needed  health  care  services,  to  health  care
    29  providers  located  in the counties of Erie and Niagara which executed a
    30  memorandum of closing and conducted a merger closing in escrow on Novem-
    31  ber twenty-fourth, nineteen hundred ninety-seven and which entered  into
    32  a  settlement  dated December thirtieth, two thousand four for a loss on
    33  disposal of assets under the provisions of title XVIII  of  the  federal
    34  social  security  act  applicable to mergers occurring prior to December
    35  first, nineteen hundred ninety-seven.
    36    (zz) Funds shall be reserved and accumulated from  year  to  year  and
    37  shall  be  available,  within  amounts  appropriated, for the purpose of
    38  supporting expenditures  authorized  pursuant  to  section  twenty-eight
    39  hundred  eighteen of this article from the tobacco control and insurance
    40  initiatives pool established for the following periods in the  following
    41  amounts:
    42    (i)  six  million five hundred thousand dollars for the period January
    43  first, two thousand five through  December  thirty-first,  two  thousand
    44  five;
    45    (ii)  one hundred eight million three hundred thousand dollars for the
    46  period January first, two thousand six  through  December  thirty-first,
    47  two thousand six, provided, however, that within amounts appropriated in
    48  the  two  thousand  six  through two thousand seven state fiscal year, a
    49  portion of such funds may be transferred  to  the  Roswell  Park  Cancer
    50  Institute Corporation to fund capital costs;
    51    (iii)  one  hundred seventy-one million dollars for the period January
    52  first, two thousand seven through December  thirty-first,  two  thousand
    53  seven,  provided,  however,  that within amounts appropriated in the two
    54  thousand six through two thousand seven state fiscal year, a portion  of
    55  such  funds  may  be  transferred  to  the Roswell Park Cancer Institute
    56  Corporation to fund capital costs;

        S. 2007--B                         89                         A. 3007--B

     1    (iv) one hundred seventy-one million five hundred thousand dollars for
     2  the period January first, two thousand eight  through  December  thirty-
     3  first, two thousand eight;
     4    (v)  one  hundred  twenty-eight  million  seven hundred fifty thousand
     5  dollars for the period January first, two thousand nine through December
     6  thirty-first, two thousand nine;
     7    (vi) one hundred thirty-one million three hundred  seventy-five  thou-
     8  sand  dollars  for  the  period  January first, two thousand ten through
     9  December thirty-first, two thousand ten;
    10    (vii) thirty-four million two hundred fifty thousand dollars  for  the
    11  period  January  first,  two thousand eleven through March thirty-first,
    12  two thousand eleven;
    13    (viii) four hundred thirty-three million three hundred sixty-six thou-
    14  sand dollars for the period April first,  two  thousand  eleven  through
    15  March thirty-first, two thousand twelve;
    16    (ix)  one hundred fifty million eight hundred six thousand dollars for
    17  the period April first, two thousand twelve through March  thirty-first,
    18  two thousand thirteen;
    19    (x)  seventy-eight million seventy-one thousand dollars for the period
    20  April first, two thousand thirteen through March thirty-first, two thou-
    21  sand fourteen.
    22    (aaa) Funds shall be reserved and accumulated from year  to  year  and
    23  shall  be  available, including income from invested funds, for services
    24  and expenses related to school based health centers, in an amount up  to
    25  three  million five hundred thousand dollars for the period April first,
    26  two thousand six through March thirty-first, two thousand seven,  up  to
    27  three  million five hundred thousand dollars for the period April first,
    28  two thousand seven through March thirty-first, two thousand eight, up to
    29  three million five hundred thousand dollars for the period April  first,
    30  two  thousand eight through March thirty-first, two thousand nine, up to
    31  three million five hundred thousand dollars for the period April  first,
    32  two  thousand  nine  through March thirty-first, two thousand ten, up to
    33  three million five hundred thousand dollars for the period April  first,
    34  two  thousand ten through March thirty-first, two thousand eleven, up to
    35  two million eight hundred thousand dollars each state  fiscal  year  for
    36  the  period April first, two thousand eleven through March thirty-first,
    37  two thousand fourteen, [and] up to two million  six  hundred  forty-four
    38  thousand  dollars each state fiscal year for the period April first, two
    39  thousand fourteen through March thirty-first,  two  thousand  seventeen,
    40  and up to two million six hundred forty-four thousand dollars each state
    41  fiscal  year  for the period April first, two thousand seventeen through
    42  March thirty-first, two thousand  twenty.  The  total  amount  of  funds
    43  provided  herein  shall  be  distributed as grants based on the ratio of
    44  each provider's total enrollment for all sites to the  total  enrollment
    45  of  all  providers.  This  formula  shall be applied to the total amount
    46  provided herein.
    47    (bbb) Funds shall be reserved and accumulated from year  to  year  and
    48  shall  be  available, including income from invested funds, for purposes
    49  of awarding  grants  to  operators  of  adult  homes,  enriched  housing
    50  programs and residences through the enhancing abilities and life experi-
    51  ence  (EnAbLe)  program  to  provide for the installation, operation and
    52  maintenance of air conditioning in resident rooms, consistent with  this
    53  paragraph,  in  an amount up to two million dollars for the period April
    54  first, two thousand six through March thirty-first, two thousand  seven,
    55  up  to three million eight hundred thousand dollars for the period April
    56  first, two thousand  seven  through  March  thirty-first,  two  thousand

        S. 2007--B                         90                         A. 3007--B
 
     1  eight, up to three million eight hundred thousand dollars for the period
     2  April first, two thousand eight through March thirty-first, two thousand
     3  nine,  up to three million eight hundred thousand dollars for the period
     4  April  first, two thousand nine through March thirty-first, two thousand
     5  ten, and up to three million eight  hundred  thousand  dollars  for  the
     6  period  April  first,  two  thousand ten through March thirty-first, two
     7  thousand eleven. Residents shall not be charged utility cost for the use
     8  of air conditioners supplied under the  EnAbLe  program.  All  such  air
     9  conditioners must be operated in occupied resident rooms consistent with
    10  requirements applicable to common areas.
    11    (ccc)  Funds  shall  be  deposited by the commissioner, within amounts
    12  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    13  directed  to  receive for the deposit to the credit of the state special
    14  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    15  or  any  successor  fund  or  account, for purposes of funding the state
    16  share of increases in the rates for certified home health agencies, long
    17  term home  health  care  programs,  AIDS  home  care  programs,  hospice
    18  programs and managed long term care plans and approved managed long term
    19  care  operating  demonstrations as defined in section forty-four hundred
    20  three-f of this chapter for recruitment and  retention  of  health  care
    21  workers  pursuant  to  subdivisions  nine  and ten of section thirty-six
    22  hundred fourteen of this chapter from the tobacco control and  insurance
    23  initiatives  pool established for the following periods in the following
    24  amounts:
    25    (i) twenty-five million dollars for the period June first,  two  thou-
    26  sand six through December thirty-first, two thousand six;
    27    (ii)  fifty million dollars for the period January first, two thousand
    28  seven through December thirty-first, two thousand seven;
    29    (iii) fifty million dollars for the period January first, two thousand
    30  eight through December thirty-first, two thousand eight;
    31    (iv) fifty million dollars for the period January first, two  thousand
    32  nine through December thirty-first, two thousand nine;
    33    (v)  fifty  million dollars for the period January first, two thousand
    34  ten through December thirty-first, two thousand ten;
    35    (vi) twelve million five hundred thousand dollars for the period Janu-
    36  ary first, two thousand eleven through March thirty-first, two  thousand
    37  eleven;
    38    (vii) up to fifty million dollars each state fiscal year for the peri-
    39  od  April  first,  two  thousand  eleven through March thirty-first, two
    40  thousand fourteen; [and]
    41    (viii) up to fifty million dollars each  state  fiscal  year  for  the
    42  period  April  first,  two thousand fourteen through March thirty-first,
    43  two thousand seventeen[.]; and
    44    (ix) up to fifty million dollars each state fiscal year for the period
    45  April first, two thousand  seventeen  through  March  thirty-first,  two
    46  thousand twenty.
    47    (ddd)  Funds  shall  be  deposited by the commissioner, within amounts
    48  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    49  directed  to  receive for the deposit to the credit of the state special
    50  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    51  or  any  successor  fund  or  account, for purposes of funding the state
    52  share of increases in the medical assistance  rates  for  providers  for
    53  purposes  of  enhancing the provision, quality and/or efficiency of home
    54  care services pursuant  to  subdivision  eleven  of  section  thirty-six
    55  hundred  fourteen of this chapter from the tobacco control and insurance
    56  initiatives pool established for the following period in the  amount  of

        S. 2007--B                         91                         A. 3007--B
 
     1  eight  million  dollars  for  the  period  April first, two thousand six
     2  through December thirty-first, two thousand six.
     3    (eee)  Funds  shall  be reserved and accumulated from year to year and
     4  shall be available, including income from invested funds, to the  Center
     5  for  Functional  Genomics at the State University of New York at Albany,
     6  for the purposes of the Adirondack  network  for  cancer  education  and
     7  research  in rural communities grant program to improve access to health
     8  care and shall be made available from the tobacco control and  insurance
     9  initiatives  pool  established for the following period in the amount of
    10  up to five million dollars for the period January  first,  two  thousand
    11  six through December thirty-first, two thousand six.
    12    (fff) Funds shall be made available to the empire state stem cell fund
    13  established  by  section  ninety-nine-p  of the state finance law within
    14  amounts appropriated up to fifty million dollars annually and shall  not
    15  exceed five hundred million dollars in total.
    16    (ggg)  Funds  shall  be  deposited by the commissioner, within amounts
    17  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    18  directed  to  receive  for  deposit  to  the credit of the state special
    19  revenue fund - other, HCRA transfer fund, medical assistance account, or
    20  any successor fund or account, for the purpose of supporting  the  state
    21  share  of  Medicaid  expenditures  for  hospital translation services as
    22  authorized pursuant to paragraph (k) of subdivision one of section twen-
    23  ty-eight hundred seven-c of this article from the  tobacco  control  and
    24  initiatives  pool established for the following periods in the following
    25  amounts:
    26    (i) sixteen million dollars for the period July  first,  two  thousand
    27  eight through December thirty-first, two thousand eight; and
    28    (ii)  fourteen  million  seven hundred thousand dollars for the period
    29  January first, two thousand nine through November thirtieth,  two  thou-
    30  sand nine.
    31    (hhh)  Funds  shall  be  deposited by the commissioner, within amounts
    32  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    33  directed  to  receive  for  deposit  to  the credit of the state special
    34  revenue fund - other, HCRA transfer fund, medical assistance account, or
    35  any successor fund or account, for the purpose of supporting  the  state
    36  share  of  Medicaid  expenditures  for adjustments to inpatient rates of
    37  payment for general hospitals located in  the  counties  of  Nassau  and
    38  Suffolk  as  authorized  pursuant to paragraph (l) of subdivision one of
    39  section twenty-eight hundred seven-c of this article  from  the  tobacco
    40  control  and  initiatives  pool established for the following periods in
    41  the following amounts:
    42    (i) two million five hundred thousand dollars  for  the  period  April
    43  first,  two  thousand  eight through December thirty-first, two thousand
    44  eight; and
    45    (ii) two million two hundred ninety-two thousand dollars for the peri-
    46  od January first, two thousand  nine  through  November  thirtieth,  two
    47  thousand nine.
    48    (iii)  Funds shall be reserved and set aside and accumulated from year
    49  to year and shall be made available, including  income  from  investment
    50  funds,  for  the purpose of supporting the New York state medical indem-
    51  nity fund as authorized pursuant to title four of article  twenty-nine-D
    52  of this chapter, for the following periods and in the following amounts,
    53  provided,  however,  that  the commissioner is authorized to seek waiver
    54  authority from the federal centers for medicare  and  Medicaid  for  the
    55  purpose  of  securing  Medicaid federal financial participation for such

        S. 2007--B                         92                         A. 3007--B
 
     1  program, in which case the funding authorized pursuant to this paragraph
     2  shall be utilized as the non-federal share for such payments:
     3    Thirty million dollars for the period April first, two thousand eleven
     4  through March thirty-first, two thousand twelve.
     5    2.  (a)  For  periods  prior  to January first, two thousand five, the
     6  commissioner is authorized to  contract  with  the  article  forty-three
     7  insurance law plans, or such other contractors as the commissioner shall
     8  designate,  to receive and distribute funds from the tobacco control and
     9  insurance initiatives pool established pursuant to this section. In  the
    10  event  contracts  with  the  article  forty-three insurance law plans or
    11  other commissioner's designees are effectuated, the  commissioner  shall
    12  conduct annual audits of the receipt and distribution of such funds. The
    13  reasonable  costs  and  expenses  of an administrator as approved by the
    14  commissioner, not to exceed for personnel services on  an  annual  basis
    15  five  hundred thousand dollars, for collection and distribution of funds
    16  pursuant to this section shall be paid from such funds.
    17    (b) Notwithstanding any inconsistent provision of section one  hundred
    18  twelve  or one hundred sixty-three of the state finance law or any other
    19  law, at the discretion of the commissioner without a competitive bid  or
    20  request  for proposal process, contracts in effect for administration of
    21  pools established pursuant to  sections  twenty-eight  hundred  seven-k,
    22  twenty-eight  hundred  seven-l  and twenty-eight hundred seven-m of this
    23  article for the  period  January  first,  nineteen  hundred  ninety-nine
    24  through  December  thirty-first,  nineteen  hundred  ninety-nine  may be
    25  extended to provide for administration pursuant to this section and  may
    26  be amended as may be necessary.
    27    § 23. This act shall take effect immediately; provided, however, that:
    28    (a)  the  amendments  made to sections 2807-s and 2807-j of the public
    29  health law made by sections three, four and five of this act  shall  not
    30  affect the expiration of such sections and shall expire therewith; and
    31    (b)  the  amendments  to subdivision 6 of section 2807-t of the public
    32  health law made by section eight of this act shall not affect the  expi-
    33  ration of such section and shall be deemed to expire therewith; and
    34    (c)  the  amendments  to  paragraph  (i-1) of subdivision 1 of section
    35  2807-v of the public health law made by section twenty-two of  this  act
    36  hall  not  affect  the  repeal  of  such  paragraph  and shall be deemed
    37  repealed therewith.
 
    38                                   PART I
 
    39    Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
    40  public health law relating to authorizing  bad  debt  and  charity  care
    41  allowances  for  certified home health agencies, as amended by section 1
    42  of part D of chapter 57 of the laws of  2015,  is  amended  to  read  as
    43  follows:
    44    § 11. This act shall take effect immediately and:
    45    (a) sections one and three shall expire on December 31, 1996,
    46    (b)  sections  four  through ten shall expire on June 30, [2017] 2019,
    47  and
    48    (c) provided that the amendment to section 2807-b of the public health
    49  law by section two of this act shall not affect the expiration  of  such
    50  section  2807-b  as  otherwise  provided  by  law and shall be deemed to
    51  expire therewith.
    52    § 2. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
    53  of 2014 amending the social services law relating to  eliminating  pres-
    54  criber prevails for brand name drugs with generic equivalent, as amended

        S. 2007--B                         93                         A. 3007--B
 
     1  by  section 6 of part D of chapter 59 of the laws of 2016, is amended to
     2  read as follows:
     3    4-a.  section  twenty-two of this act shall take effect April 1, 2014,
     4  and shall be deemed expired January 1, [2018] 2019;
     5    § 3. Subparagraph (vi) of paragraph (b) of subdivision  2  of  section
     6  2807-d  of  the  public health law, as amended by section 3 of part D of
     7  chapter 57 of the laws of 2015, is amended to read as follows:
     8    (vi) Notwithstanding any contrary provision of this paragraph  or  any
     9  other  provision  of  law or regulation to the contrary, for residential
    10  health care facilities the assessment shall be six percent of each resi-
    11  dential health care facility's gross receipts received from all  patient
    12  care  services and other operating income on a cash basis for the period
    13  April first, two thousand two through March thirty-first,  two  thousand
    14  three  for  hospital  or  health-related  services,  including adult day
    15  services; provided, however, that residential  health  care  facilities'
    16  gross receipts attributable to payments received pursuant to title XVIII
    17  of the federal social security act (medicare) shall be excluded from the
    18  assessment; provided, however, that for all such gross receipts received
    19  on  or after April first, two thousand three through March thirty-first,
    20  two thousand five, such assessment shall be five  percent,  and  further
    21  provided  that  for  all  such gross receipts received on or after April
    22  first, two thousand five through March thirty-first, two thousand  nine,
    23  and  on  or  after  April first, two thousand nine through March thirty-
    24  first, two thousand eleven such assessment shall  be  six  percent,  and
    25  further  provided  that for all such gross receipts received on or after
    26  April first, two thousand eleven through March thirty-first,  two  thou-
    27  sand thirteen such assessment shall be six percent, and further provided
    28  that  for  all such gross receipts received on or after April first, two
    29  thousand thirteen through March thirty-first, two thousand fifteen  such
    30  assessment  shall be six percent, and further provided that for all such
    31  gross receipts received on or after April first,  two  thousand  fifteen
    32  through March thirty-first, two thousand seventeen such assessment shall
    33  be  six  percent,  and further provided that for all such gross receipts
    34  received on or after April first, two thousand seventeen  through  March
    35  thirty-first,  two  thousand  nineteen  such  assessment  shall  be  six
    36  percent.
    37    § 4. Subdivision 1 of section 194 of chapter 474 of the laws of  1996,
    38  amending the education law and other laws relating to rates for residen-
    39  tial  health care facilities, as amended by section 5 of part D of chap-
    40  ter 57 of the laws of 2015, is amended to read as follows:
    41    1. Notwithstanding any inconsistent provision of  law  or  regulation,
    42  the  trend  factors  used to project reimbursable operating costs to the
    43  rate period for purposes of determining rates  of  payment  pursuant  to
    44  article  28 of the public health law for residential health care facili-
    45  ties for reimbursement of inpatient services provided to patients eligi-
    46  ble for payments made by state governmental agencies on and after  April
    47  1,  1996  through March 31, 1999 and for payments made on and after July
    48  1, 1999 through March 31, 2000 and on and after April  1,  2000  through
    49  March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
    50  on and after April 1, 2007 through March 31, 2009 and on and after April
    51  1,  2009  through  March 31, 2011 and on and after April 1, 2011 through
    52  March 31, 2013 and on and after April 1, 2013 through  March  31,  2015,
    53  and  on and after April 1, 2015 through March 31, 2017, and on and after
    54  April 1, 2017 through March 31,  2019  shall  reflect  no  trend  factor
    55  projections  or  adjustments for the period April 1, 1996, through March
    56  31, 1997.

        S. 2007--B                         94                         A. 3007--B
 
     1    § 5. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
     2  of 2007, amending the social services law and  other  laws  relating  to
     3  enacting  the major components of legislation necessary to implement the
     4  health and mental hygiene budget for the 2007-2008 state fiscal year, as
     5  amended  by  section  6  of part D of chapter 57 of the laws of 2015, is
     6  amended to read as follows:
     7    1. Notwithstanding paragraph (c) of subdivision 10 of  section  2807-c
     8  of  the  public  health  law  and section 21 of chapter 1 of the laws of
     9  1999, as amended, and any other inconsistent provision of law  or  regu-
    10  lation  to  the  contrary,  in  determining  rates  of payments by state
    11  governmental agencies effective for services provided beginning April 1,
    12  2006, through March 31, 2009, and on and after  April  1,  2009  through
    13  March  31,  2011, and on and after April 1, 2011 through March 31, 2013,
    14  and on and after April 1, 2013 through March 31, 2015, and on and  after
    15  April  1,  2015  through  March 31, 2017, and on and after April 1, 2017
    16  through March 31, 2019 for inpatient and outpatient services provided by
    17  general hospitals and for inpatient services and  outpatient  adult  day
    18  health  care  services  provided  by  residential health care facilities
    19  pursuant to article 28 of the public health  law,  the  commissioner  of
    20  health  shall  apply  a  trend  factor projection of two and twenty-five
    21  hundredths percent attributable to the period January  1,  2006  through
    22  December  31, 2006, and on and after January 1, 2007, provided, however,
    23  that on reconciliation of such trend factor for the  period  January  1,
    24  2006  through December 31, 2006 pursuant to paragraph (c) of subdivision
    25  10 of section 2807-c of the public health law, such trend  factor  shall
    26  be  the  final US Consumer Price Index (CPI) for all urban consumers, as
    27  published by the US Department of Labor, Bureau of Labor Statistics less
    28  twenty-five hundredths of a percentage point.
    29    § 6. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995,
    30  amending the public health  law  and  other  laws  relating  to  medical
    31  reimbursement  and welfare reform, as amended by section 11 of part D of
    32  chapter 57 of the laws of 2015, is amended to read as follows:
    33    5-a. Section sixty-four-a of this act shall be deemed to have been  in
    34  full  force and effect on and after April 1, 1995 through March 31, 1999
    35  and on and after July 1, 1999 through March 31, 2000 and  on  and  after
    36  April  1,  2000  through  March  31, 2003 and on and after April 1, 2003
    37  through March 31, 2007, and on and after April 1, 2007 through March 31,
    38  2009, and on and after April 1, 2009 through March 31, 2011, and on  and
    39  after  April  1,  2011 through March 31, 2013, and on and after April 1,
    40  2013 through March 31, 2015, and on and  after  April  1,  2015  through
    41  March 31, 2017 and on and after April 1, 2017 through March 31, 2019;
    42    §  7.  Section  64-b  of  chapter 81 of the laws of 1995, amending the
    43  public health law and other laws relating to medical  reimbursement  and
    44  welfare  reform, as amended by section 12 of part D of chapter 57 of the
    45  laws of 2015, is amended to read as follows:
    46    §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
    47  provisions of subdivision 7 of section 3614 of the public health law, as
    48  amended,  shall  remain and be in full force and effect on April 1, 1995
    49  through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
    50  and after April 1, 2000 through March 31, 2003 and on and after April 1,
    51  2003 through March 31, 2007, and on and  after  April  1,  2007  through
    52  March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
    53  and on and after April 1, 2011 through March 31, 2013, and on and  after
    54  April  1,  2013  through  March 31, 2015, and on and after April 1, 2015
    55  through March 31, 2017 and on and after April 1, 2017 through March  31,
    56  2019.

        S. 2007--B                         95                         A. 3007--B
 
     1    §  8.  Subdivision  (a)  of section 40 of part B of chapter 109 of the
     2  laws of 2010, amending the social services law relating  to  transporta-
     3  tion costs, as amended by section 23 of part D of chapter 57 of the laws
     4  of 2015, is amended to read as follows:
     5    (a)  sections  two, three, three-a, three-b, three-c, three-d, three-e
     6  and twenty-one of this act shall take  effect  July  1,  2010;  sections
     7  fifteen,  sixteen,  seventeen,  eighteen  and nineteen of this act shall
     8  take effect January 1, 2011; and provided further that section twenty of
     9  this act shall be deemed repealed [six] eight years after the  date  the
    10  contract  entered  into pursuant to section 365-h of the social services
    11  law, as amended by section twenty of this  act,  is  executed;  provided
    12  that the commissioner of health shall notify the legislative bill draft-
    13  ing  commission upon the execution of the contract entered into pursuant
    14  to section 367-h of the social services law in order that the commission
    15  may maintain an accurate and timely effective data base of the  official
    16  text of the laws of the state of New York in furtherance of effectuating
    17  the  provisions of section 44 of the legislative law and section 70-b of
    18  the public officers law;
    19    § 9. Section 4-a of part A of chapter 56 of the laws of 2013  amending
    20  chapter  59 of the laws of 2011 amending the public health law and other
    21  laws relating to general hospital reimbursement for annual rates  relat-
    22  ing  to the cap on local Medicaid expenditures, as amended by section 29
    23  of part D of chapter 57 of the laws of  2015,  is  amended  to  read  as
    24  follows:
    25    §  4-a.  Notwithstanding  paragraph  (c)  of subdivision 10 of section
    26  2807-c of the public health law, section 21 of chapter 1 of the laws  of
    27  1999,  or  any  other contrary provision of law, in determining rates of
    28  payments by state governmental agencies effective for services  provided
    29  on  and  after January 1, [2017] 2019 through March 31, [2017] 2019, for
    30  inpatient and outpatient services provided  by  general  hospitals,  for
    31  inpatient  services  and  adult  day  health  care  outpatient  services
    32  provided by residential health care facilities pursuant to article 28 of
    33  the public health law, except for residential health care facilities  or
    34  units  of such facilities providing services primarily to children under
    35  twenty-one years of age, for home health care services provided pursuant
    36  to article 36 of the public health law by certified  home  health  agen-
    37  cies,  long  term home health care programs and AIDS home care programs,
    38  and for personal care services provided pursuant to section 365-a of the
    39  social services law, the commissioner of health shall apply  no  greater
    40  than zero trend factors attributable to the [2017] 2019 calendar year in
    41  accordance with paragraph (c) of subdivision 10 of section 2807-c of the
    42  public  health  law,  provided,  however, that such no greater than zero
    43  trend factors attributable to such [2017] 2019 calendar year shall  also
    44  be  applied  to rates of payment provided on and after January 1, [2017]
    45  2019 through March 31, [2017] 2019 for personal care  services  provided
    46  in those local social services districts, including New York city, whose
    47  rates  of payment for such services are established by such local social
    48  services districts pursuant to a rate-setting exemption  issued  by  the
    49  commissioner  of  health  to  such  local  social  services districts in
    50  accordance with applicable regulations, and provided  further,  however,
    51  that  for rates of payment for assisted living program services provided
    52  on and after January 1, [2017] 2019 through March 31, [2017] 2019,  such
    53  trend  factors  attributable  to  the [2017] 2019 calendar year shall be
    54  established at no greater than zero percent.
    55    § 10. Subdivisions 3 and 5 of section 47 of chapter 2 of the  laws  of
    56  1998,  amending the public health law and other laws relating to expand-

        S. 2007--B                         96                         A. 3007--B
 
     1  ing the child health insurance plan, as amended by section 61 of part  C
     2  of chapter 60 of the laws of 2014, are amended to read as follows:
     3    3.  section  six  of  this  act  shall  take  effect  January 1, 1999;
     4  provided, however, that subparagraph (iii) of paragraph (c) of  subdivi-
     5  sion  9  of section 2510 of the public health law, as added by this act,
     6  shall expire on July 1, [2017] 2019;
     7    5. section twelve of this act  shall  take  effect  January  1,  1999;
     8  provided,  however,  paragraphs  (g) and (h) of subdivision 2 of section
     9  2511 of the public health law, as added by such section, shall expire on
    10  July 1, [2017] 2019;
    11    § 11. Section 4 of chapter 19 of the laws of 1998, amending the social
    12  services law relating to limiting the method of payment for prescription
    13  drugs under the medical assistance program, as amended by section 65  of
    14  part C of chapter 60 of the laws of 2014, is amended to read as follows:
    15    §  4. This act shall take effect 120 days after it shall have become a
    16  law and shall expire and be deemed repealed March 31, [2017] 2020.
    17    § 12. Paragraph (e-1) of subdivision 12 of section 2808 of the  public
    18  health law, as amended by section 66 of part C of chapter 60 of the laws
    19  of 2014, is amended to read as follows:
    20    (e-1) Notwithstanding any inconsistent provision of law or regulation,
    21  the  commissioner  shall  provide,  in  addition to payments established
    22  pursuant to this article prior to application  of  this  section,  addi-
    23  tional  payments  under the medical assistance program pursuant to title
    24  eleven of article five of the social services law for non-state operated
    25  public residential health care facilities, including public  residential
    26  health  care  facilities  located in the county of Nassau, the county of
    27  Westchester and the county of Erie,  but  excluding  public  residential
    28  health  care  facilities  operated by a town or city within a county, in
    29  aggregate annual amounts of up to one hundred fifty million  dollars  in
    30  additional payments for the state fiscal year beginning April first, two
    31  thousand  six  and  for the state fiscal year beginning April first, two
    32  thousand seven and for the state fiscal year beginning April first,  two
    33  thousand eight and of up to three hundred million dollars in such aggre-
    34  gate  annual  additional  payments  for  the state fiscal year beginning
    35  April first, two thousand nine, and for the state fiscal year  beginning
    36  April  first,  two  thousand ten and for the state fiscal year beginning
    37  April first, two thousand eleven, and for the state fiscal years  begin-
    38  ning  April  first,  two  thousand  twelve and April first, two thousand
    39  thirteen, and of up to five hundred million dollars  in  such  aggregate
    40  annual  additional  payments  for the state fiscal years beginning April
    41  first, two thousand fourteen, April  first,  two  thousand  fifteen  and
    42  April  first,  two  thousand  sixteen  and of up to five hundred million
    43  dollars in such aggregate  annual  additional  payments  for  the  state
    44  fiscal years beginning April first, two thousand seventeen, April first,
    45  two  thousand  eighteen,  and  April  first,  two thousand nineteen. The
    46  amount allocated to each eligible public residential health care facili-
    47  ty for this period shall be computed in accordance with  the  provisions
    48  of  paragraph  (f)  of this subdivision, provided, however, that patient
    49  days shall be utilized for such computation reflecting  actual  reported
    50  data  for  two thousand three and each representative succeeding year as
    51  applicable, and provided further, however, that,  in  consultation  with
    52  impacted providers, of the funds allocated for distribution in the state
    53  fiscal  year beginning April first, two thousand thirteen, up to thirty-
    54  two million dollars may be allocated in accordance with paragraph  (f-1)
    55  of this subdivision.

        S. 2007--B                         97                         A. 3007--B
 
     1    §  13.  Section  18  of  chapter 904 of the laws of 1984, amending the
     2  public health law and the social services law  relating  to  encouraging
     3  comprehensive  health  services, as amended by section 67-c of part C of
     4  chapter 60 of the laws of 2014, is amended to read as follows:
     5    §  18.  This  act  shall take effect immediately, except that sections
     6  six, nine, ten and eleven of this act shall take effect on the  sixtieth
     7  day after it shall have become a law, sections two, three, four and nine
     8  of  this  act  shall  expire  and be of no further force or effect on or
     9  after March 31, [2017] 2020, section two of this act shall  take  effect
    10  on  April  1,  1985 or seventy-five days following the submission of the
    11  report required by section one of this  act,  whichever  is  later,  and
    12  sections  eleven  and  thirteen  of  this  act shall expire and be of no
    13  further force or effect on or after March 31, 1988.
    14    § 14. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
    15  the public health law relating to allowing for the use of funds  of  the
    16  office  of  professional  medical  conduct for activities of the patient
    17  health information and quality improvement act of 2000,  as  amended  by
    18  section  4-b  of part A of chapter 57 of the laws of 2015, is amended to
    19  read as follows:
    20    § 4. This  act  shall  take  effect  immediately;  provided  that  the
    21  provisions  of  section  one of this act shall be deemed to have been in
    22  full force and effect on and after April 1, 2003, and shall expire March
    23  31, [2017] 2020 when upon such date the provisions of such section shall
    24  be deemed repealed.
    25    § 15.  Subdivision (o) of section 111 of part H of chapter 59  of  the
    26  laws  of  2011, amending the public health law relating to the statewide
    27  health information network of New York and the  statewide  planning  and
    28  research cooperative system and general powers and duties, as amended by
    29  section  28  of  part D of chapter 57 of the laws of 2015, is amended to
    30  read as follows:
    31    (o) sections thirty-eight and thirty-eight-a of this act shall  expire
    32  and be deemed repealed March 31, [2017] 2020;
    33    § 16. Section 32 of part A of chapter 58 of the laws of 2008, amending
    34  the  elder law and other laws relating to reimbursement to participating
    35  provider pharmacies  and  prescription  drug  coverage,  as  amended  by
    36  section  13  of  part A of chapter 57 of the laws of 2015, is amended to
    37  read as follows:
    38    § 32. This act shall take effect immediately and shall  be  deemed  to
    39  have  been in full force and effect on and after April 1, 2008; provided
    40  however, that sections one, six-a, nineteen,  twenty,  twenty-four,  and
    41  twenty-five of this act shall take effect July 1, 2008; provided however
    42  that  sections  sixteen, seventeen and eighteen of this act shall expire
    43  April 1, [2017] 2020; provided, however, that  the  amendments  made  by
    44  section  twenty-eight  of this act shall take effect on the same date as
    45  section 1 of chapter 281 of the laws  of  2007  takes  effect;  provided
    46  further,  that  sections twenty-nine, thirty, and thirty-one of this act
    47  shall take effect October 1, 2008; provided further, that section  twen-
    48  ty-seven  of  this  act  shall take effect January 1, 2009; and provided
    49  further, that section twenty-seven of  this  act  shall  expire  and  be
    50  deemed  repealed  March 31, [2017] 2020; and provided, further, however,
    51  that the amendments to subdivision 1 of section 241 of the education law
    52  made by section twenty-nine of this act shall not affect the  expiration
    53  of such subdivision and shall be deemed to expire therewith and provided
    54  that  the  amendments  to  section  272 of the public health law made by
    55  section thirty of this act shall not affect the repeal of  such  section
    56  and shall be deemed repealed therewith.

        S. 2007--B                         98                         A. 3007--B
 
     1    §  17.  Subdivision  3  of section 2999-p of the public health law, as
     2  amended by chapter 461 of the laws  of  2012,  is  amended  to  read  as
     3  follows:
     4    3.  The commissioner may issue a certificate of authority to an entity
     5  that meets conditions for ACO certification as set forth in  regulations
     6  made  by  the commissioner pursuant to section twenty-nine hundred nine-
     7  ty-nine-q of this article. The commissioner  shall  not  issue  any  new
     8  certificate under this article after December thirty-first, two thousand
     9  [sixteen] twenty.
    10    §  18. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
    11  amending the public health  law  and  other  laws  relating  to  medical
    12  reimbursement  and  welfare reform, as amended by section 2 of part D of
    13  chapter 57 of the laws of 2015, is amended to read as follows:
    14    2. Sections five, seven through nine,  twelve  through  fourteen,  and
    15  eighteen  of  this  act  shall  be deemed to have been in full force and
    16  effect on and after April 1, 1995 through March  31,  1999  and  on  and
    17  after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
    18  through  March 31, 2003 and on and after April 1, 2003 through March 31,
    19  2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
    20  after  April  1,  2007  through March 31, 2009 and on and after April 1,
    21  2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
    22  of  this act shall be deemed to be in full force and effect on and after
    23  April 1, 2011 through March 31, 2015 and on  and  after  April  1,  2015
    24  through  March 31, 2017 and on and after April 1, 2017 through March 31,
    25  2019;
    26    § 19. This act shall take effect immediately and shall  be  deemed  to
    27  have been in full force and effect on and after April 1, 2017.
 
    28                                   PART J
 
    29                            Intentionally Omitted
 
    30                                   PART K
 
    31                            Intentionally Omitted

    32                                   PART L
 
    33                            Intentionally Omitted
 
    34                                   PART M
 
    35    Section  1.  The  public health law is amended by adding a new section
    36  1112 to read as follows:
    37    § 1112. Emerging contaminant monitoring. 1. Industry and modern  tech-
    38  nology  have created thousands of new chemicals that would not otherwise
    39  exist in nature. Although some of these chemicals have proven  benefits,
    40  the  effect  of  many  such  chemicals on human health is unknown or not
    41  fully understood. Furthermore, with the advance of science and technolo-
    42  gy, public health scientists and experts are able to identify  naturally
    43  occurring  contaminants  that  pose  previously unknown hazards to human
    44  health. Where these chemicals or contaminants, collectively referred  to
    45  as  "emerging  contaminants,"  enter  drinking  water supplies, they can
    46  present unknown but potentially serious risks to  public  health.    New
    47  Yorkers  served  by  public  water  supplies have the right to know when

        S. 2007--B                         99                         A. 3007--B
 
     1  potentially hazardous substances contaminate their  drinking  water  and
     2  the  department  must be equipped to monitor and protect the public from
     3  these emerging contaminants.
     4    2.  a.  "Emerging  contaminants"  shall  mean  any physical, chemical,
     5  microbiological or radiological substance listed as an emerging  contam-
     6  inant pursuant to  subdivision three of this section.
     7    b.  "Notification  level" means the concentration level of an emerging
     8  contaminant in drinking water  that  the  commissioner  has  determined,
     9  based  on available scientific information, warrants public notification
    10  and may require actions,  which  may  include  enhanced  monitoring  and
    11  activities to reduce exposure, pursuant to this section.
    12    c.  "Covered  public  water  system"  shall mean:   (i) a public water
    13  system that serves at least five service connections used by  year-round
    14  residents or regularly serves at least twenty-five year-round residents;
    15  or (ii) a public water system that regularly serves at least twenty-five
    16  of  the  same  people, four hours or more per day, for four or more days
    17  per week, for twenty-six or more weeks per year.
    18    3. a.  The commissioner shall promulgate regulations to  identify  and
    19  list  substances as emerging contaminants that meet the following crite-
    20  ria:
    21    (i) are not subject to any  other  substance-specific  drinking  water
    22  regulation  of  the  department  that  establishes a maximum contaminant
    23  level, maximum residual disinfectant level, or action level;
    24    (ii) are known or anticipated to occur in public water systems; and
    25    (iii) because of their quantity, concentration, or physical,  chemical
    26  or  infectious characteristics, may cause physical injury or illness, or
    27  otherwise pose a potential hazard to human health when present in drink-
    28  ing water.
    29    b. In determining what substances shall be listed as emerging  contam-
    30  inants the commissioner shall, at a minimum, consider:
    31    (i)  unregulated  contaminants  monitored pursuant to the federal Safe
    32  Drinking Water Act (42 U.S.C. § 300g-1) as amended from time to time;
    33    (ii) substances that require regulation or monitoring when present  in
    34  drinking water in other jurisdictions outside the state of New York;
    35    (iii)  pesticide  chemicals  for which the United States environmental
    36  protection agency has set human health benchmarks for drinking water;
    37    (iv) substances found at sites in remedial programs located inside and
    38  outside the state of New York, including but  not  limited  to  inactive
    39  hazardous waste sites; and
    40    (v)  recommendations  from  the  drinking water quality council estab-
    41  lished pursuant to section eleven hundred thirteen of this title.
    42    c. The commissioner shall, at a minimum, include the following  chemi-
    43  cals  identified as emerging contaminants: 1,4-dioxane; perfluorooctane-
    44  sulfonic acid; and perfluorooctanoic acid.
    45    d. The commissioner shall by regulation remove any substance from  the
    46  list  of emerging contaminants upon adopting a maximum contaminant level
    47  for such substance.
    48    4. Every covered public water system shall test drinking water for the
    49  presence of emerging contaminants at least once every three years pursu-
    50  ant to a schedule determined by the department through regulation.
    51    5. Every test conducted in  accordance  with  this  section  shall  be
    52  conducted  by  a  laboratory  certified  by  the  department pursuant to
    53  section five hundred two of this chapter. Laboratories shall submit such
    54  results electronically to the department, to any other health department
    55  with jurisdiction over the covered  public  water  system,  and  to  the

        S. 2007--B                         100                        A. 3007--B
 
     1  covered  public  water  system,  in  the  manner  prescribed pursuant to
     2  section five hundred two of this chapter.
     3    6.  The commissioner shall promulgate regulations establishing notifi-
     4  cation levels for any emerging contaminant listed pursuant  to  subdivi-
     5  sion three of this section.  Any notification level established pursuant
     6  to this subdivision shall be equal to or lower than any federal lifetime
     7  health  advisory level established pursuant to the federal Safe Drinking
     8  Water Act (42 U.S.C. § 300g-1). If no federal lifetime  health  advisory
     9  level  has  been established, the commissioner shall establish notifica-
    10  tion levels based upon the available  scientific  information,  and  may
    11  take  into  consideration  recommendations of the drinking water quality
    12  council established pursuant to section eleven hundred thirteen of  this
    13  title.
    14    7. Notwithstanding subdivision three of this section, the commissioner
    15  may,  by  declaration,  add  any  physical, chemical, microbiological or
    16  radiological substance to the list of emerging contaminants  established
    17  pursuant  to subdivision three of this section, establish a notification
    18  level, and require testing  for  such  substance,  if  the  commissioner
    19  determines that: (i) such substance poses or has the potential to pose a
    20  significant  hazard to human health when present in drinking water; (ii)
    21  such substance was recently detected in a public water  system  and  has
    22  the  potential to be present in other public water systems; and (iii) it
    23  appears to be prejudicial to the interests of the people to delay action
    24  by preparing and filing regulations. The  commissioner  shall,  however,
    25  promulgate  regulations  adding  such new emerging contaminant or estab-
    26  lishing such notification level within one  year  of  such  declaration.
    27  Such  declaration  shall  clearly state where and the date by which such
    28  testing must occur.   After  the  commissioner  promulgates  regulations
    29  adding  such  emerging contaminant, such regulations shall supersede the
    30  declaration issued pursuant to this subdivision.
    31    8. Whenever one or more emerging contaminants is confirmed to be pres-
    32  ent in drinking water at concentrations at or above a notification level
    33  established pursuant to this section:
    34    a. the covered public water system shall notify the department  within
    35  twenty-four hours;
    36    b.  the  covered  public  water system shall notify all owners of real
    37  property served by the covered public water system in a time and  manner
    38  to  be  prescribed  by  the  department, provided that in no event shall
    39  notification occur more than ninety days after the presence of an emerg-
    40  ing contaminant at concentrations  at  or  above  a  notification  level
    41  established pursuant to this section is confirmed;
    42    c.  the  commissioner may directly notify such owners of real property
    43  if it is determined that the public's interest would be best  served  by
    44  such  notification,  or  if the commissioner determines that the covered
    45  public water system is not acting, or cannot act in a timely manner;
    46    d. the commissioner may require that the covered public  water  system
    47  take  such  actions as may be appropriate to reduce exposure to emerging
    48  contaminants. If the commissioner determines that the  concentration  of
    49  the  emerging  contaminant  constitutes an actual or potential threat to
    50  public health, based on the best available scientific  information,  the
    51  commissioner  shall  consult  with the commissioner of the department of
    52  environmental conservation regarding any  further  action  that  may  be
    53  appropriate,  including  but  not  limited  to actions pursuant to title
    54  twelve of article twenty-seven of the environmental conservation law.
    55    9. The commissioner shall work in consultation with  the  commissioner
    56  of  the  department of environmental conservation to develop educational

        S. 2007--B                         101                        A. 3007--B
 
     1  materials, and may take into consideration recommendations of the drink-
     2  ing water quality council established pursuant to section eleven hundred
     3  thirteen of this title. Such educational materials shall be made  avail-
     4  able to the covered public water system and the general public, relating
     5  to  methodologies  for  reducing  exposure  to emerging contaminants and
     6  potential actions that may be taken to mitigate  or  remediate  emerging
     7  contaminants.  The  commissioner  shall  also provide the covered public
     8  water system with information  relating  to  potential  funding  sources
     9  provided  by the state and federal government for mitigation or remedial
    10  activities, and to reduce the exposure to emerging contaminants.
    11    10. Any owner of real property, including any owner's agent, to whom a
    12  covered public water system has provided notification of the  exceedance
    13  of  a notification level established pursuant to subdivision six of this
    14  section, shall take all reasonable and necessary steps to provide, with-
    15  in ten days, any tenants with copies of the notification provided by the
    16  covered public water system.
    17    11. The commissioner may promulgate regulations pursuant to which  the
    18  department  may  provide  financial  assistance  for compliance with the
    19  testing requirements of this section, to any covered public water system
    20  upon a showing that the costs associated with testing drinking water  in
    21  compliance  with  this  section would impose a financial hardship.  Such
    22  regulations shall, when prioritizing public water systems for  eligibil-
    23  ity  for  financial assistance, incorporate provisions that give prefer-
    24  ence to public water systems serving less than ten thousand individuals.
    25    12. The commissioner shall periodically review  substances  that  have
    26  been  identified  as  emerging contaminants pursuant to this section and
    27  determine if the department should establish a maximum contaminant level
    28  for the substance. Such review shall occur, at  a  minimum,  once  every
    29  three years.
    30    §  2.  Section 502 of the public health law is amended by adding a new
    31  subdivision 10 to read as follows:
    32    10. The department may require an environmental laboratory  to  report
    33  laboratory  test  results  to  the  department,  or  to any other health
    34  department in an electronic manner prescribed by the department.
    35    § 3. This act shall take effect immediately.
 
    36                                   PART N
 
    37                            Intentionally Omitted
 
    38                                   PART O
 
    39                            Intentionally Omitted
 
    40                                   PART P
 
    41    Section 1. Section 48-a of part A of chapter 56 of the  laws  of  2013
    42  amending  chapter  59 of the laws of 2011 amending the public health law
    43  and other laws relating to general  hospital  reimbursement  for  annual
    44  rates  relating to the cap on local Medicaid expenditures, as amended by
    45  section 29 of part B of chapter 59 of the laws of 2016,  is  amended  to
    46  read as follows:
    47    §  48-a. 1. Notwithstanding any contrary provision of law, the commis-
    48  sioners of the office of alcoholism and substance abuse services and the
    49  office of mental health are authorized, subject to the approval  of  the
    50  director  of the budget, to transfer to the commissioner of health state

        S. 2007--B                         102                        A. 3007--B
 
     1  funds to be utilized as the state share for the  purpose  of  increasing
     2  payments  under  the  medicaid  program  to  managed  care organizations
     3  licensed under article 44 of the public health law or under  article  43
     4  of the insurance law. Such managed care organizations shall utilize such
     5  funds  for  the  purpose  of  reimbursing providers licensed pursuant to
     6  article 28 of the public health law or article 31 or 32  of  the  mental
     7  hygiene  law for ambulatory behavioral health services, as determined by
     8  the commissioner of health, in consultation  with  the  commissioner  of
     9  alcoholism  and  substance  abuse  services  and the commissioner of the
    10  office of mental health, provided to medicaid [eligible] enrolled outpa-
    11  tients and for all other behavioral  health  services  except  inpatient
    12  included  in  New  York state's Medicaid redesign waiver approved by the
    13  centers for medicare and Medicaid services (CMS).    Such  reimbursement
    14  shall  be  in the form of fees for such services which are equivalent to
    15  the payments established for such services under the ambulatory  patient
    16  group  (APG)  rate-setting  methodology as utilized by the department of
    17  health, the office of alcoholism and substance abuse  services,  or  the
    18  office of mental health for rate-setting purposes or any such other fees
    19  pursuant  to the Medicaid state plan or otherwise approved by CMS in the
    20  Medicaid redesign waiver; provided, however, that the increase  to  such
    21  fees that shall result from the provisions of this section shall not, in
    22  the  aggregate  and  as  determined  by  the  commissioner of health, in
    23  consultation with the commissioner of  alcoholism  and  substance  abuse
    24  services and the commissioner of the office of mental health, be greater
    25  than  the  increased funds made available pursuant to this section.  The
    26  increase of such ambulatory behavioral health fees to  providers  avail-
    27  able  under  this section shall be for all rate periods on and after the
    28  effective date of section [1] 29 of part [C] B of chapter [57] 59 of the
    29  laws of [2015] 2016 through March 31, [2018] 2020 for  patients  in  the
    30  city  of  New York, for all rate periods on and after the effective date
    31  of section [1] 29 of part [C] B of chapter [57] 59 of the laws of [2015]
    32  2016 through [June 30, 2018] March 31, 2020  for  patients  outside  the
    33  city  of  New  York, and for all rate periods on and after the effective
    34  date of such chapter through [June 30, 2018]  March  31,  2020  for  all
    35  services  provided  to  persons  under  the age of twenty-one; provided,
    36  however, [eligible providers may work with managed care plans to achieve
    37  quality and efficiency objectives and  engage  in  shared  savings]  the
    38  commissioner  of  health, in consultation with the commissioner of alco-
    39  holism and substance abuse  services  and  the  commissioner  of  mental
    40  health,  may  require,  as  a  condition  of approval of such ambulatory
    41  behavioral health fees, that  aggregate  managed  care  expenditures  to
    42  eligible providers meet the alternative payment methodology requirements
    43  as  set forth in attachment I of the New York state medicaid section one
    44  thousand one hundred fifteen medicaid redesign team waiver  as  approved
    45  by  the  centers for medicare and medicaid services. The commissioner of
    46  health shall, in consultation with the commissioner  of  alcoholism  and
    47  substance  abuse  services  and the commissioner of mental health, waive
    48  such conditions if a sufficient number of providers,  as  determined  by
    49  the  commissioner,  suffer a financial hardship as a consequence of such
    50  alternative payment methodology requirements, or  if  he  or  she  shall
    51  determine  that  such  alternative  payment  methodologies significantly
    52  threaten individuals access to ambulatory  behavioral  health  services.
    53  Such  waiver  may  be  applied  on  a provider specific or industry wide
    54  basis. Further, such conditions  may  be  waived,  as  the  commissioner
    55  determines  necessary,  to  comply  with  federal  rules  or regulations
    56  governing these payment methodologies.   Nothing in this  section  shall

        S. 2007--B                         103                        A. 3007--B
 
     1  prohibit  managed  care  organizations  and  providers  from negotiating
     2  different rates and methods of payment  during  such  periods  described
     3  above,  subject to the approval of the department of health. The depart-
     4  ment of health shall consult with the office of alcoholism and substance
     5  abuse  services  and  the office of mental health in determining whether
     6  such alternative rates shall be approved.  The  commissioner  of  health
     7  may,  in  consultation with the commissioner of alcoholism and substance
     8  abuse services and the commissioner of  the  office  of  mental  health,
     9  promulgate  regulations,  including  emergency  regulations  promulgated
    10  prior to October 1, 2015 to establish rates  for  ambulatory  behavioral
    11  health  services,  as  are necessary to implement the provisions of this
    12  section. Rates promulgated under this section shall be included  in  the
    13  report required under section 45-c of part A of this chapter.
    14    2.  Notwithstanding  any  contrary  provision of law, the fees paid by
    15  managed care organizations licensed  under  article  44  of  the  public
    16  health  law  or  under  article  43  of  the insurance law, to providers
    17  licensed pursuant to article 28 of the public health law or  article  31
    18  or  32  of  the  mental  hygiene  law,  for ambulatory behavioral health
    19  services provided to patients enrolled in  the  child  health  insurance
    20  program  pursuant to title one-A of article 25 of the public health law,
    21  shall be in the form of fees for such services which are  equivalent  to
    22  the  payments established for such services under the ambulatory patient
    23  group (APG) rate-setting methodology or any such other fees  established
    24  pursuant  to  the  Medicaid state plan. The commissioner of health shall
    25  consult with the commissioner of alcoholism and substance abuse services
    26  and the commissioner of the office of mental health in determining  such
    27  services  and  establishing such fees. Such ambulatory behavioral health
    28  fees to providers available under this section shall  be  for  all  rate
    29  periods  on  and  after the effective date of this chapter through [June
    30  30, 2018] March 31, 2020, provided, however, that managed care organiza-
    31  tions and providers may negotiate different rates and methods of payment
    32  during such periods described above, subject  to  the  approval  of  the
    33  department  of health.   The department of health shall consult with the
    34  office of alcoholism and substance abuse  services  and  the  office  of
    35  mental  health  in  determining  whether such alternative rates shall be
    36  approved.  The report required under section 16-a of part C  of  chapter
    37  60  of  the  laws  of 2014 shall also include the population of patients
    38  enrolled in the child health insurance program pursuant to  title  one-A
    39  of article 25 of the public health law in its examination on the transi-
    40  tion of behavioral health services into managed care.
    41    §  2.  Section 1 of part H of chapter 111 of the laws of 2010 relating
    42  to increasing Medicaid payments to providers through managed care organ-
    43  izations and providing equivalent fees  through  an  ambulatory  patient
    44  group  methodology,  as amended by section 30 of part B of chapter 59 of
    45  the laws of 2016, is amended to read as follows:
    46    Section 1. a.   Notwithstanding any contrary  provision  of  law,  the
    47  commissioners  of  mental  health  and  alcoholism  and  substance abuse
    48  services are authorized, subject to the approval of the director of  the
    49  budget,  to  transfer  to  the  commissioner of health state funds to be
    50  utilized as the state share for the purpose of increasing payments under
    51  the medicaid program to managed care organizations licensed under  arti-
    52  cle  44  of  the  public health law or under article 43 of the insurance
    53  law. Such managed care organizations shall utilize such  funds  for  the
    54  purpose  of reimbursing providers licensed pursuant to article 28 of the
    55  public health law, or pursuant to article 31 or article 32 of the mental
    56  hygiene law for ambulatory behavioral health services, as determined  by

        S. 2007--B                         104                        A. 3007--B
 
     1  the  commissioner  of  health  in  consultation with the commissioner of
     2  mental  health  and  commissioner  of  alcoholism  and  substance  abuse
     3  services,  provided  to medicaid [eligible] enrolled outpatients and for
     4  all  other  behavioral  health services except inpatient included in New
     5  York state's Medicaid redesign waiver approved by the centers for  medi-
     6  care  and  Medicaid services (CMS).   Such reimbursement shall be in the
     7  form of fees for such services which  are  equivalent  to  the  payments
     8  established  for  such services under the ambulatory patient group (APG)
     9  rate-setting methodology as utilized by the department of health  or  by
    10  the  office of mental health or office of alcoholism and substance abuse
    11  services for rate-setting purposes or any such other  fees  pursuant  to
    12  the  Medicaid  state  plan  or otherwise approved by CMS in the Medicaid
    13  redesign waiver; provided, however, that the increase to such fees  that
    14  shall  result  from  the  provisions  of  this section shall not, in the
    15  aggregate and as determined by the commissioner of health  in  consulta-
    16  tion  with  the  commissioners  of  mental  health  and  alcoholism  and
    17  substance abuse services, be  greater  than  the  increased  funds  made
    18  available  pursuant  to  this  section.  The increase of such behavioral
    19  health fees to providers available under this section shall be  for  all
    20  rate  periods  on and after the effective date of section [2] 30 of part
    21  [C] B of chapter [57] 59 of the laws of [2015] 2016  through  March  31,
    22  [2018]  2020  for patients in the city of New York, for all rate periods
    23  on and after the effective date of section [2] 30 of part [C] B of chap-
    24  ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] March 31,
    25  2020 for patients outside the city of New York, and for all rate periods
    26  on and after the effective date of section [2] 30 of part [C] B of chap-
    27  ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] March 31,
    28  2020 for all services provided to persons under the age  of  twenty-one;
    29  provided,  however, [eligible providers may work with managed care plans
    30  to achieve quality  and  efficiency  objectives  and  engage  in  shared
    31  savings]  the  commissioner  of health, in consultation with the commis-
    32  sioner of alcoholism and substance abuse services and  the  commissioner
    33  of  mental health, may require, as a condition of approval of such ambu-
    34  latory behavioral health fees, that aggregate managed care  expenditures
    35  to  eligible providers meet the alternative payment methodology require-
    36  ments as set forth in attachment  I  of  the  New  York  state  medicaid
    37  section  one  thousand one hundred fifteen medicaid redesign team waiver
    38  as approved by the centers  for  medicare  and  medicaid  services.  The
    39  commissioner  of  health shall, in consultation with the commissioner of
    40  alcoholism and substance abuse services and the commissioner  of  mental
    41  health,  waive  such  conditions if a sufficient number of providers, as
    42  determined by the commissioner, suffer a financial hardship as a  conse-
    43  quence of such alternative payment methodology requirements, or if he or
    44  she  shall determine that such alternative payment methodologies signif-
    45  icantly threaten individuals  access  to  ambulatory  behavioral  health
    46  services.  Such waiver may be applied on a provider specific or industry
    47  wide  basis. Further, such conditions may be waived, as the commissioner
    48  determines necessary,  to  comply  with  federal  rules  or  regulations
    49  governing  these  payment methodologies.   Nothing in this section shall
    50  prohibit managed  care  organizations  and  providers  from  negotiating
    51  different  rates  and  methods of payment during such periods described,
    52  subject to the approval of the department of health. The  department  of
    53  health  shall  consult with the office of alcoholism and substance abuse
    54  services and the office of mental health  in  determining  whether  such
    55  alternative  rates shall be approved. The commissioner of health may, in
    56  consultation with the commissioners of mental health and alcoholism  and

        S. 2007--B                         105                        A. 3007--B
 
     1  substance  abuse  services,  promulgate regulations, including emergency
     2  regulations promulgated prior to October 1, 2013  that  establish  rates
     3  for  behavioral  health  services,  as  are  necessary  to implement the
     4  provisions  of  this section. Rates promulgated under this section shall
     5  be included in the report required under section 45-c of part A of chap-
     6  ter 56 of the laws of 2013.
     7    b. Notwithstanding any contrary provision of law,  the  fees  paid  by
     8  managed  care  organizations  licensed  under  article  44 of the public
     9  health law or under article  43  of  the  insurance  law,  to  providers
    10  licensed  pursuant  to article 28 of the public health law or article 31
    11  or 32 of the  mental  hygiene  law,  for  ambulatory  behavioral  health
    12  services  provided  to  patients  enrolled in the child health insurance
    13  program pursuant to title one-A of article 25 of the public health  law,
    14  shall  be  in the form of fees for such services which are equivalent to
    15  the payments established for such services under the ambulatory  patient
    16  group  (APG)  rate-setting methodology. The commissioner of health shall
    17  consult with the commissioner of alcoholism and substance abuse services
    18  and the commissioner of the office of mental health in determining  such
    19  services  and  establishing such fees. Such ambulatory behavioral health
    20  fees to providers available under this section shall  be  for  all  rate
    21  periods  on  and  after the effective date of this chapter through [June
    22  30, 2018] March 31, 2020, provided, however, that managed care organiza-
    23  tions and providers may negotiate different rates and methods of payment
    24  during such periods described above, subject  to  the  approval  of  the
    25  department  of  health.  The department of health shall consult with the
    26  office of alcoholism and substance abuse  services  and  the  office  of
    27  mental  health  in  determining  whether such alternative rates shall be
    28  approved.  The report required under section 16-a of part C  of  chapter
    29  60  of  the  laws  of 2014 shall also include the population of patients
    30  enrolled in the child health insurance program pursuant to  title  one-A
    31  of article 25 of the public health law in its examination on the transi-
    32  tion of behavioral health services into managed care.
    33    §  3.  This  act  shall take effect immediately and shall be deemed to
    34  have been in full force and effect on and after April 1, 2017; provided,
    35  however, that the amendments to section 48-a of part A of chapter 56  of
    36  the  laws  of  2013 made by section one of this act shall not affect the
    37  repeal of such section and shall be deemed repealed therewith;  provided
    38  further,  that  the  amendments to section 1 of part H of chapter 111 of
    39  the laws of 2010 made by section two of this act shall  not  affect  the
    40  expiration of such section and shall be deemed to expire therewith.
 
    41                                   PART Q
 
    42    Section  1. Subdivisions 3-b and 3-c of section 1 of part C of chapter
    43  57 of the laws of 2006,  relating  to  establishing  a  cost  of  living
    44  adjustment for designated human services programs, as amended by section
    45  1  of  part  I of chapter 60 of the laws of 2014, are amended to read as
    46  follows:
    47    3-b. Notwithstanding any  inconsistent  provision  of  law,  beginning
    48  April  1, 2009 and ending March 31, 2016 and beginning April 1, 2017 and
    49  ending March 31, 2018, the commissioners shall not include  a  COLA  for
    50  the  purpose  of  establishing rates of payments, contracts or any other
    51  form of reimbursement, provided that the commissioners of the office for
    52  people with developmental disabilities, the office of mental health, and
    53  the office of alcoholism and substance abuse services shall not  include
    54  a COLA beginning April 1, 2017 and ending March 31, 2019.

        S. 2007--B                         106                        A. 3007--B
 
     1    3-c.  Notwithstanding  any  inconsistent  provision  of law, beginning
     2  April 1, [2016] 2018 and ending March 31, [2019] 2021, the commissioners
     3  shall develop the COLA under this section using the actual U.S. consumer
     4  price index for all urban consumers  (CPI-U)  published  by  the  United
     5  States  department  of  labor, bureau of labor statistics for the twelve
     6  month period ending in July of the  budget  year  prior  to  such  state
     7  fiscal  year,  for  the  purpose  of  establishing  rates  of  payments,
     8  contracts or any other form of reimbursement.
     9    § 2. Section 1 of part C of chapter 57 of the laws of  2006,  relating
    10  to establishing a cost of living adjustment for designated human service
    11  programs, is amended by adding a new subdivision 3-e to read as follows:
    12    3-e.  (i)  Notwithstanding  the  provisions of subdivision 3-b of this
    13  section or any other inconsistent provision of law, and subject  to  the
    14  availability  of  the appropriation therefor, for the programs listed in
    15  paragraphs (i), (ii), and (iii) of subdivision 4 of  this  section,  the
    16  commissioners  shall  provide  funding to support (1) an overall average
    17  three and one-quarter percent (3.25%) increase  to  total  salaries  for
    18  direct care staff, direct support professionals for each eligible state-
    19  funded  program  beginning  January  1, 2018; and (2) an overall average
    20  three and one-quarter percent (3.25%) increase  to  total  salaries  for
    21  direct  care  staff and direct support professionals, and clinical staff
    22  for each eligible state-funded program beginning April 1, 2018.  For the
    23  purpose of this funding increase, direct support professionals are indi-
    24  viduals employed in consolidated fiscal reporting position  title  codes
    25  ranging  from  100 to 199; direct care staff are individuals employed in
    26  consolidated fiscal reporting position title codes ranging from  200  to
    27  299;  and clinical staff are individuals employed in consolidated fiscal
    28  reporting position title codes ranging from 300 to 399.
    29    (ii) The funding made available pursuant  to  paragraph  (i)  of  this
    30  subdivision  shall  be  used:  (1) to help alleviate the recruitment and
    31  retention challenges of direct care staff, direct support  professionals
    32  and  clinical  staff  employed in eligible programs; and (2) to continue
    33  and to expand efforts to support the professionalism of the direct  care
    34  workforce.  Each  local  government  unit  or  direct  contract provider
    35  receiving such funding shall have flexibility in allocating such funding
    36  to support salary increases to particular job titles to best address the
    37  needs of its direct care staff, direct support professionals  and  clin-
    38  ical  staff.  Each  local  government  unit  or direct contract provider
    39  receiving such funding shall also submit  a  written  certification,  in
    40  such form and at such time as each commissioner shall prescribe, attest-
    41  ing  to how such funding will be or was used for purposes eligible under
    42  this section. Further, providers shall submit a  resolution  from  their
    43  governing body to the appropriate commissioner, attesting that the fund-
    44  ing  received  will  be used solely to support salary and salary-related
    45  fringe benefit increases for direct care staff, direct  support  profes-
    46  sionals  and  clinical staff, pursuant to paragraph (i) of this subdivi-
    47  sion. Salary increases that take effect on and after April 1,  2017  may
    48  be  used  to  demonstrate  compliance  with  the January 1, 2018 funding
    49  increase authorized by this section, except for salary increases  neces-
    50  sary  to comply with state minimum wage requirements. Such commissioners
    51  shall be authorized to recoup any funds as  appropriated  herein  deter-
    52  mined  to have been used in a manner inconsistent with such standards or
    53  inconsistent with the provisions of this subdivision, and  such  commis-
    54  sioners shall be authorized to employ any legal mechanism to recoup such
    55  funds,  including  an  offset of other funds that are owed to such local
    56  governmental unit or provider.

        S. 2007--B                         107                        A. 3007--B
 
     1    (iii) Where appropriate, transfers to the department of  health  shall
     2  be made as reimbursement for the state share of medical assistance.
     3    §  3.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2017; provided,
     5  however, that the amendments to section 1 of part C of chapter 57 of the
     6  laws of 2006 made by sections one and two of this act shall  not  affect
     7  the repeal of such section and shall be deemed repealed therewith.
 
     8                                   PART R
 
     9    Section  1.  The  public health law is amended by adding a new section
    10  1113 to read as follows:
    11    § 1113. Drinking water quality council; established. 1. There shall be
    12  established, within the department, the drinking water quality  council.
    13  Such council shall be composed of twelve members as follows:
    14    (a) the commissioner, or the commissioner's designee, who shall be the
    15  chair of the council;
    16    (b) the commissioner of environmental conservation or designee;
    17    (c)  a designee of the commissioner of environmental conservation with
    18  expertise in water resources;
    19    (d) a designee of the commissioner with expertise in  drinking  water;
    20  and
    21    (e)  eight  members  appointed  by  the governor, two of whom shall be
    22  recommended by the temporary president of the senate,  and  two  by  the
    23  speaker of the assembly.
    24    2.  (a)  Of  the  four members appointed to the drinking water quality
    25  council and recommended by the temporary president of the senate and the
    26  speaker of the assembly, the temporary president of the senate  and  the
    27  speaker of the assembly shall each recommend:
    28    (i) one member who represents water purveyors; and
    29    (ii)  one  member  representing  the  public,  who has a background or
    30  expertise in toxicology or health risk assessment.
    31    (b) Of the four additional members appointed  to  the  drinking  water
    32  quality council, the governor shall appoint:
    33    (i) one member who represents water purveyors;
    34    (ii)  one  member  who  has a background or expertise in toxicology or
    35  health risk assessment;
    36    (iii) one member who has a background or  expertise  in  microbiology;
    37  and
    38    (iv)  one  member  who  has a background or expertise in environmental
    39  engineering.
    40    (c) The members of such council appointed pursuant to paragraph (e) of
    41  subdivision one of this section shall serve terms of two years.
    42    (d) The members appointed pursuant to paragraph (e) of subdivision one
    43  of this section shall each serve his or her term of office or until  his
    44  or her successor is appointed; provided that any vacancy in the position
    45  of  an  appointed  member  shall  be  filled  in  the same manner as the
    46  original appointment and only for the unexpired term of the vacancy.
    47    3. The members of the drinking water quality council shall receive  no
    48  compensation  for  their services, but shall be allowed their actual and
    49  necessary expenses incurred in the performance of their duties  pursuant
    50  to this title.
    51    4.  The  drinking  water  quality council shall meet at such times and
    52  places as may be determined by its chair. The council shall  meet  at  a
    53  minimum  of two times per year. All meetings shall be open to the public
    54  pursuant to article seven of the public officers law. A majority of  the

        S. 2007--B                         108                        A. 3007--B
 
     1  members of such council shall constitute a quorum for the transaction of
     2  business.  Action  may be taken, and motions and resolutions adopted, at
     3  any meeting by the affirmative vote of a majority of the full membership
     4  of the council.
     5    5.  The  council shall make recommendations to the department relating
     6  to:
     7    (a) those contaminants, which the  department  may  list  as  emerging
     8  contaminants pursuant to section one thousand one hundred twelve of this
     9  title.
    10    (i)  In  determining  what substances shall be recommended as emerging
    11  contaminants the council shall, at a minimum, consider:
    12    A. unregulated contaminants monitored pursuant  to  the  federal  Safe
    13  Drinking Water Act (42 USC § 300g-1) as amended from time to time;
    14    B.  substances  that  require regulation or monitoring when present in
    15  drinking water in other jurisdictions outside the state of New York;
    16    C. pesticide chemicals  for  which  the  United  States  environmental
    17  protection agency has set human health benchmarks for drinking water;
    18    D.  substances  found at sites in remedial programs located inside and
    19  outside the state of New York, including but  not  limited  to  inactive
    20  hazardous waste sites; and
    21    E. waterborne pathogens and microbiological contaminants.
    22    (ii)  The council shall recommend a notification level for each recom-
    23  mended emerging contaminant.
    24    (iii) The council shall recommend timeframes and frequencies in  which
    25  testing  should  be  required for the recommended emerging contaminants,
    26  allowing for variation based on circumstances  such  as  the  source  of
    27  water, the region and size of the water system.
    28    (iv)  The  council shall provide the department with its first list of
    29  recommended emerging contaminants and corresponding notification  levels
    30  for  which  testing  shall  be  required no later than one year from the
    31  initial meeting of the council, and the council shall  update  the  list
    32  and recommend notification levels annually thereafter;
    33    (b)  a review of substances identified as emerging contaminants pursu-
    34  ant to section one thousand one hundred  twelve  of  this  title.  Where
    35  appropriate  the  council  shall  recommend either a maximum contaminant
    36  level (MCL), or the removal of the substance from the list  of  emerging
    37  contaminants,  on  the  basis  of  available scientific evidence and any
    38  other relevant factors;
    39    (c) the form and content of public notifications  issued  pursuant  to
    40  section one thousand one hundred twelve of this title;
    41    (d)  working  with  other state agencies and the federal government to
    42  ensure funds are available and accessible, parties known to be responsi-
    43  ble for contamination are  pursued,  and  mitigation,  remediation,  and
    44  cleanup projects occur in a timely manner;
    45    (e)  the  development  of educational materials regarding private well
    46  water testing;
    47    (f) the appropriate use of, and  methods  and  manner  of  conducting,
    48  biomonitoring and biomonitoring studies;
    49    (g)  the  inclusion  of information on the online tracking and mapping
    50  system established in section 3-0315 of the  environmental  conservation
    51  law; and
    52    (h)  anything  else  the department or the department of environmental
    53  conservation designates.
    54    6. The drinking water quality council shall be entitled to request and
    55  receive information from any state, municipal department, board, commis-
    56  sion or agency that may be required or  are  deemed  necessary  for  the

        S. 2007--B                         109                        A. 3007--B

     1  purposes  of such council, including but not limited to all water infor-
     2  mation and annual reports the department has relating to both public and
     3  private water supplies.
     4    7.  Before  the council advances any recommendation to the department,
     5  the council shall provide an  opportunity  for  public  and  stakeholder
     6  comments.  Final  recommendations  of the council shall be posted on the
     7  department's website within thirty days after the  council  adopts  such
     8  recommendations.
     9    § 2. This act shall take effect immediately.
 
    10                                   PART S
 
    11    Section  1. Subdivision 2 of section 365-l of the social services law,
    12  as added by section 37 of part H of chapter 59 of the laws of  2011,  is
    13  amended to read as follows:
    14    2.  In  addition to payments made for health home services pursuant to
    15  subdivision one of this section, the commissioner is authorized  to  pay
    16  additional  amounts to providers of health home services that meet proc-
    17  ess or outcome standards specified by the commissioner. Such  additional
    18  amounts  may  be paid with state funds only if federal financial partic-
    19  ipation for such payments is unavailable.
    20    § 2. Section 364-j of the social services law is amended by  adding  a
    21  new subdivision 33 to read as follows:
    22    33.  For services under this title provided by residential health care
    23  facilities under article twenty-eight of  the  public  health  law,  the
    24  commissioner  shall  direct  managed  care  organizations licensed under
    25  article forty-four of the public health law, article forty-three of  the
    26  insurance law, and this section, to continue to reimburse at a benchmark
    27  rate  which  is  to  be  the fee-for-service rate calculated pursuant to
    28  section twenty-eight hundred eight of the public health law. The  bench-
    29  mark fee-for-service rate shall continue to be paid by such managed care
    30  organizations for all services provided by residential healthcare facil-
    31  ities  from the effective date of this subdivision at least until Decem-
    32  ber thirty-first, two thousand twenty.  The commissioner may require, as
    33  a condition of continuing to require payment at such benchmark rate that
    34  aggregate managed care expenditures to residential health  care  facili-
    35  ties  meet the alternative payment methodology requirements set forth in
    36  attachment I of the New York State section 1115 medicaid  redesign  team
    37  waiver  as  approved  by the centers for medicare and medicaid services.
    38  The commissioner of health shall waive such requirements if a sufficient
    39  number of providers, as determined by the commissioner, suffer a  finan-
    40  cial  hardship  as a consequence of such alternative payment methodology
    41  requirements, or if the commissioner determines  that  such  alternative
    42  payment  methodologies  significantly  threaten  individuals'  access to
    43  residential health care facility services; such waiver may be applied on
    44  a provider-specific or industry-wide basis. Further,  such  requirements
    45  may  be waived, as the commissioner determines necessary, to comply with
    46  federal rules or regulations governing these payment methodologies.
    47    § 3. Subdivision 2 of section 365-a of  the  social  services  law  is
    48  amended by adding a new paragraph (dd) to read as follows:
    49    (dd) pasteurized donor human milk (PDHM), which may include fortifiers
    50  as  medically indicated, for inpatient use, for which a licensed medical
    51  practitioner has issued an order for an infant who is medically or phys-
    52  ically unable to receive maternal breast milk or participate  in  breast
    53  feeding  or  whose  mother  is medically or physically unable to produce
    54  maternal breast milk at all or in sufficient quantities  or  participate

        S. 2007--B                         110                        A. 3007--B
 
     1  in  breast feeding despite optimal lactation support. Such infant shall:
     2  (i) have a documented birth  weight  of  less  than  one  thousand  five
     3  hundred  grams;  or  (ii)  have  a congenital or acquired condition that
     4  places  the infant at a high risk for development of necrotizing entero-
     5  colitis; or (iii) have a congenital or acquired condition that may bene-
     6  fit from the use of donor breast milk as determined by the  commissioner
     7  of health or his or her designee.
     8    §  4.  Subdivision  2  of  section 365-a of the social services law is
     9  amended by adding a new paragraph (ee) to read as follows:
    10    (ee) Medical assistance  shall  include  the  coverage  of  a  set  of
    11  services  to ensure improved outcomes of women who are in the process of
    12  ovulation enhancing drugs, limited to the provision of  such  treatment,
    13  office  visits,  hysterosalpingogram  services,  pelvic ultrasounds, and
    14  blood testing; services shall be limited to those necessary  to  monitor
    15  such  treatment.  In  the  event  that  ninety percent federal financial
    16  participation for such services is not available,  the  state  share  of
    17  appropriations  related  to  these  services  shall  be used for a grant
    18  program intended to accomplish the purpose of this section.
    19    § 5. Section 3614-c of the public health law, as amended by chapter 56
    20  of the laws of 2016, subparagraph (iv) of paragraph (a) of subdivision 3
    21  as amended by section 1 and subparagraph (iv) of paragraph (b) of subdi-
    22  vision 3 as amended by section 2 of part E of chapter 73 of the laws  of
    23  2016, is amended to read as follows:
    24    §  3614-c.  Home  care worker wage parity. 1. As used in this section,
    25  the following terms shall have the following meaning:
    26    (a) "Living wage law" means any law  enacted  by  Nassau,  Suffolk  or
    27  Westchester  county  or  a city with a population of one million or more
    28  which establishes a minimum wage for some or all employees  who  perform
    29  work on contracts with such county or city.
    30    (b) "Total compensation" means all wages and other direct compensation
    31  paid to or provided on behalf of the employee including, but not limited
    32  to, wages, health, education or pension benefits, supplements in lieu of
    33  benefits  and  compensated  time  off,  except  that it does not include
    34  employer taxes or employer portion of payments for  statutory  benefits,
    35  including  but  not  limited to FICA, disability insurance, unemployment
    36  insurance and workers' compensation.
    37    (c) "Prevailing rate of total compensation" means the  average  hourly
    38  amount  of  total  compensation  paid  to all home care aides covered by
    39  whatever collectively bargained agreement covers the greatest number  of
    40  home  care aides in a city with a population of one million or more. For
    41  purposes of this definition, any set of  collectively  bargained  agree-
    42  ments  in  such  city  with  substantially the same terms and conditions
    43  relating to total compensation shall be considered as a  single  collec-
    44  tively bargained agreement.
    45    (d)  "Home  care  aide"  means a home health aide, personal care aide,
    46  home attendant, personal assistant performing consumer directed personal
    47  assistance services pursuant to section three  hundred  sixty-five-f  of
    48  the  social  services  law, or other licensed or unlicensed person whose
    49  primary responsibility includes the provision of in-home assistance with
    50  activities of daily living, instrumental activities of daily  living  or
    51  health-related  tasks;  provided,  however, that home care aide does not
    52  include any individual (i) working on a casual basis,  or  (ii)  (except
    53  for  a  person  employed under the consumer directed personal assistance
    54  program under section three hundred sixty-five-f of the social  services
    55  law)  who  is a relative through blood, marriage or adoption of: (1) the
    56  employer; or (2) the person for whom the worker is delivering  services,

        S. 2007--B                         111                        A. 3007--B

     1  under  a  program  funded  or  administered  by  federal, state or local
     2  government.
     3    (e)  "Managed  care plan" means any managed care program, organization
     4  or demonstration covering personal care or home  health  aide  services,
     5  and which receives premiums funded, in whole or in part, by the New York
     6  state medical assistance program, including but not limited to all Medi-
     7  caid  managed care, Medicaid managed long term care, Medicaid advantage,
     8  and Medicaid advantage plus plans and all programs of all-inclusive care
     9  for the elderly.
    10    (f) "Episode of care" means any service unit reimbursed, in  whole  or
    11  in  part,  by  the  New  York  state medical assistance program, whether
    12  through direct reimbursement or covered by a premium payment, and  which
    13  covers,  in  whole or in part, any service provided by a home care aide,
    14  including but not limited to all service units defined as visits, hours,
    15  days, months or episodes.
    16    (g) "Cash portion of the minimum rate of home care  [aid]  aide  total
    17  compensation"  means  the minimum amount of home care aide total compen-
    18  sation that may be paid in cash wages, as determined by  the  department
    19  in consultation with the department of labor.
    20    (h)  "Benefit  portion  of  the  minimum  rate of home care aide total
    21  compensation" means the portion of home  care  aide  total  compensation
    22  that  may be paid in cash or health, education or pension benefits, wage
    23  differentials, supplements in lieu of benefits and compensated time off,
    24  as determined by the department in consultation with the  department  of
    25  labor.  Cash  wages  paid  pursuant to increases in the state or federal
    26  minimum wage cannot be used to satisfy the benefit portion of the  mini-
    27  mum rate of home care aide total compensation.
    28    2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
    29  lation, no payments by government agencies shall be  made  to  certified
    30  home  health agencies, long term home health care programs [or], managed
    31  care plans, or the consumer directed personal assistance  program  under
    32  section  three  hundred sixty-five-f of the social services law, for any
    33  episode of care furnished, in whole or in part, by any  home  care  aide
    34  who  is  compensated at amounts less than the applicable minimum rate of
    35  home care aide total compensation established pursuant to this section.
    36    3. (a) The minimum rate of home care aide total compensation in a city
    37  with a population of one million or more shall be:
    38    (i) for the period March first, two thousand twelve  through  February
    39  twenty-eighth,  two  thousand  thirteen,  ninety  percent  of  the total
    40  compensation mandated by the living wage law of such city;
    41    (ii) for the period March first, two thousand thirteen through  Febru-
    42  ary  twenty-eighth,  two  thousand  fourteen, ninety-five percent of the
    43  total compensation mandated by the living wage law of such city;
    44    (iii) for the period March first, two thousand fourteen through  March
    45  thirty-first  two  thousand sixteen, no less than the prevailing rate of
    46  total compensation as of January first,  two  thousand  eleven,  or  the
    47  total  compensation mandated by the living wage law of such city, which-
    48  ever is greater;
    49    (iv) for all periods on or after April first,  two  thousand  sixteen,
    50  the  cash  portion  of  the minimum rate of home care aide total compen-
    51  sation shall be ten dollars or the minimum wage as laid out in paragraph
    52  (a) of subdivision one of section six hundred  fifty-two  of  the  labor
    53  law,  whichever  is  higher.  The benefit portion of the minimum rate of
    54  home care aide total compensation shall be four dollars and nine cents.
    55    (b) The minimum rate of home care aide total compensation in the coun-
    56  ties of Nassau, Suffolk and Westchester shall be:

        S. 2007--B                         112                        A. 3007--B
 
     1    (i) for the period March first, two thousand thirteen through February
     2  twenty-eighth, two  thousand  fourteen,  ninety  percent  of  the  total
     3  compensation  mandated by the living wage law as set on March first, two
     4  thousand thirteen of a city with a population of a million or more;
     5    (ii)  for the period March first, two thousand fourteen through Febru-
     6  ary twenty-eighth, two thousand  fifteen,  ninety-five  percent  of  the
     7  total  compensation  mandated  by  the  living  wage law as set on March
     8  first, two thousand fourteen of a city with a population of a million or
     9  more;
    10    (iii) for the period March first, two thousand fifteen, through Febru-
    11  ary twenty-eighth, two thousand sixteen,  one  hundred  percent  of  the
    12  total  compensation  mandated  by  the  living  wage law as set on March
    13  first, two thousand fifteen of a city with a population of a million  or
    14  more;
    15    (iv)  for  all  periods on or after March first, two thousand sixteen,
    16  the cash portion of the minimum rate of home  care  aide  total  compen-
    17  sation shall be ten dollars or the minimum wage as laid out in paragraph
    18  (b)  of  subdivision  one  of section six hundred fifty-two of the labor
    19  law, whichever is higher. The benefit portion of  the  minimum  rate  of
    20  home  care aide total compensation shall be three dollars and twenty-two
    21  cents.
    22    4. The terms of this section shall apply equally to services  provided
    23  by  home  care aides who work on episodes of care as direct employees of
    24  certified home health agencies, long term home health care programs,  or
    25  managed care plans, or as employees of licensed home care services agen-
    26  cies,  limited  licensed  home  care  services agencies, or the consumer
    27  directed personal assistance program under section three hundred  sixty-
    28  five-f of the social services law, or under any other arrangement.
    29    5.  No payments by government agencies shall be made to certified home
    30  health agencies, long term home health care programs, [or] managed  care
    31  plans,  or  the  consumer  directed  personal  assistance  program under
    32  section three hundred sixty-five-f of the social services law,  for  any
    33  episode of care without the certified home health agency, long term home
    34  health  care  program,  [or]  managed care plan or the consumer directed
    35  personal assistance program having delivered prior written certification
    36  to the commissioner, on forms prepared by the department in consultation
    37  with the department of labor, that  all  services  provided  under  each
    38  episode  of  care  are in full compliance with the terms of this section
    39  and any regulations promulgated pursuant to this section.
    40    6. If a certified home health agency or long  term  home  health  care
    41  program elects to provide home care aide services through contracts with
    42  licensed  home  care  services  agencies or through other third parties,
    43  provided that the episode of care on which the home care aide  works  is
    44  covered under the terms of this section, the certified home health agen-
    45  cy, long term home health care program, or managed care plan must obtain
    46  a  written  certification from the licensed home care services agency or
    47  other third party, on forms prepared by the department  in  consultation
    48  with  the  department  of labor, which attests to the licensed home care
    49  services agency's or other third party's compliance with  the  terms  of
    50  this section. Such certifications shall also obligate the certified home
    51  health  agency, long term home health care program, or managed care plan
    52  to obtain, on no less than a quarterly basis, all information  from  the
    53  licensed  home  care services agency, fiscal intermediary or other third
    54  parties necessary to verify compliance with the terms of  this  section.
    55  Such certifications and the information exchanged pursuant to them shall
    56  be retained by all certified home health agencies, long term home health

        S. 2007--B                         113                        A. 3007--B
 
     1  care  programs,  or  managed  care  plans,  and  all  licensed home care
     2  services agencies, or other third parties for a period of no  less  than
     3  ten years, and made available to the department upon request.
     4    7.  The  commissioner  shall  distribute  to all certified home health
     5  agencies, long term home health care programs, [and] managed care plans,
     6  and fiscal intermediaries in the consumer directed  personal  assistance
     7  program  under section three hundred sixty-five-f of the social services
     8  law, official notice of the minimum rates of home care aide compensation
     9  at least one hundred twenty days prior to the  effective  date  of  each
    10  minimum  rate  for each social services district covered by the terms of
    11  this section.
    12    8. The commissioner is authorized to promulgate regulations,  and  may
    13  promulgate  emergency  regulations,  to implement the provisions of this
    14  section.
    15    9. Nothing in this section should be construed as  applicable  to  any
    16  service  provided  by  certified  home  health  agencies, long term home
    17  health care programs, [or] managed  care  plans,  or  consumer  directed
    18  personal  assistance program under section three hundred sixty-five-f of
    19  the social services law except for all episodes of  care  reimbursed  in
    20  whole or in part by the New York Medicaid program.
    21    10. No certified home health agency, managed care plan [or], long term
    22  home  health  care  program,  or  fiscal  intermediary  in  the consumer
    23  directed personal assistance program under section three hundred  sixty-
    24  five-f  of  the  social  services  law shall be liable for recoupment of
    25  payments for services provided through a  licensed  home  care  services
    26  agency or other third party with which the certified home health agency,
    27  long  term home health care program, or managed care plan has a contract
    28  because the licensed agency or other third party failed to  comply  with
    29  the provisions of this section if the certified home health agency, long
    30  term  home health care program, [or] managed care plan, or fiscal inter-
    31  mediary has reasonably and in good faith  collected  certifications  and
    32  all  information  required pursuant to subdivisions five and six of this
    33  section.
    34    § 6. Notwithstanding any other provision of law, the  commissioner  of
    35  health  is  authorized  to sell accounts receivable balances owed to the
    36  state by Medicaid providers to financial institutions; provided that  no
    37  such  sale  of  accounts  receivable  balances  shall  include any state
    38  support, including a guarantee or contingent obligation of  state  funds
    39  to  mitigate  the risk of nonpayment by providers owing on these account
    40  receivable balances. The commissioner in consultation with the  director
    41  of  the  budget  is  authorized to determine the sale prices of any such
    42  accounts receivable balances and shall include sale terms governing  the
    43  reasonable  collection  of  such  balances by the financial institution.
    44  Following any such sale, providers owing on  these  accounts  receivable
    45  balances  shall  not include any additional cost, interest, or financing
    46  charges solely as a result of such sale but shall be  fully  responsible
    47  for  paying  the accounts receivable balances. Proceeds from the sale of
    48  the accounts receivable balances shall  be  deposited  to  the  Medicaid
    49  escrow  fund  and  be  used  to offset Medicaid costs under the Medicaid
    50  global spending cap. The commissioner shall provide the legislature with
    51  a description of the terms of any such sale, including  a  list  of  the
    52  impacted Medicaid providers, at least thirty days prior to the sale.
    53    § 7. This act shall take effect immediately; provided, however that:
    54    a.  the amendments to section 364-j of the social services law made by
    55  section two of this act shall not affect the repeal of such section  and
    56  shall be deemed to be repealed therewith;

        S. 2007--B                         114                        A. 3007--B

     1    b. sections three and five of this act shall take effect July 1, 2017;
     2  and
     3    c.  section  six of this act shall expire April 1, 2019; however, such
     4  expiration shall not invalidate or otherwise impact any sale of accounts
     5  receivable effected pursuant to such section prior to its expiration.
 
     6                                   PART T
 
     7    Section 1. This act shall be known and may  be  cited  as  the  "clean
     8  water infrastructure act of 2017".
     9    §  2.  Article  15 of the environmental conservation law is amended by
    10  adding a new title 33 to read as follows:
 
    11                                  TITLE 33
    12                      SOURCE WATER PROTECTION PROJECTS
    13  Section 15-3301. Definitions.
    14          15-3303. Land acquisition projects for source water protection.
    15          15-3305. Approval and execution of projects.
    16  § 15-3301. Definitions.
    17    As used in this title the following terms shall mean:
    18    1. "Land acquisition projects" means open space  acquisition  projects
    19  undertaken  with  willing  sellers  including,  but  not limited to, the
    20  purchase of conservation easements,  undertaken  by  a  municipality,  a
    21  not-for-profit  corporation,  or purchase of conservation easements by a
    22  soil and water conservation district.
    23    2. "Municipality" means the same as such term as  defined  in  section
    24  56-0101 of this chapter.
    25    3. "Not-for-profit corporation" means a corporation formed pursuant to
    26  the  not-for-profit  corporation law and qualified for tax-exempt status
    27  under the federal internal revenue code.
    28    4. "Soil and water conservation district" means the same as such  term
    29  as defined in section three of the soil and water conservation districts
    30  law.
    31    5.  "State assistance payment" means payment of the state share of the
    32  cost of projects authorized by this title to preserve, enhance,  restore
    33  and improve the quality of the state's environment.
    34  § 15-3303. Land acquisition projects for source water protection.
    35    1. The commissioner is authorized to provide state assistance to muni-
    36  cipalities,  not-for-profit corporations and soil and water conservation
    37  districts to  undertake  land  acquisition  projects  for  source  water
    38  protection,  in  cooperation  with  willing  sellers.  Land  acquisition
    39  projects for source water protection shall support,  expand  or  enhance
    40  drinking  water  quality  protection, including but not limited to aqui-
    41  fers, watersheds, reservoirs, lakes, rivers and streams.
    42    2. a. Any buffer encumbered by a conservation easement acquired pursu-
    43  ant to this section that encumbers lands used in agricultural production
    44  as defined in section three hundred one of the agriculture  and  markets
    45  law in a county designated state certified agricultural district created
    46  under section three hundred three of the agriculture and markets law may
    47  allow  agricultural  activity  that  qualifies such lands, provided such
    48  activity on such lands does not impair drinking water and complies  with
    49  an  agricultural  environmental management program plan developed by the
    50  state soil and water conservation committee,  in  partnership  with  the
    51  department.

        S. 2007--B                         115                        A. 3007--B
 
     1    b.  Notwithstanding  any limitations provided herein on lands acquired
     2  pursuant to this title a license or easement may be granted by the owner
     3  of such property to a public utility for a public purpose.
     4    3. In evaluating land acquisition projects for source water protection
     5  pursuant to this section, the department shall give priority to projects
     6  which  protect or recharge drinking water sources and watersheds includ-
     7  ing riparian buffers and wetlands.
     8    4. a. No state assistance may be provided pursuant to this section  to
     9  fund  any land acquisition project which is undertaken by eminent domain
    10  unless such process is undertaken with a willing seller.
    11    b. The department shall not provide funding pursuant to this title for
    12  any land acquisition project for source water protection by  a  not-for-
    13  profit  corporation,  if  any  town, village or city within which such a
    14  project is located, by resolution, within ninety days of notification by
    15  such corporation of its interest in acquiring such projects, objects  to
    16  such acquisition.
    17    5. Consistent with section eleven-b of the soil and water conservation
    18  districts law, the soil and water conservation committee in consultation
    19  with  the  commissioner  of  agriculture  and  markets  is authorized to
    20  provide state assistance payments to county soil and water  conservation
    21  districts,  within  amounts  appropriated, for land acquisition projects
    22  for source water protection  projects  to  support,  expand  or  enhance
    23  drinking  water  quality  protection, including but not limited to aqui-
    24  fers, watersheds, reservoirs, lakes, rivers and streams.  Such committee
    25  shall give priority to projects  which  establish  buffers  from  waters
    26  which  serves  as or are tributaries to drinking water supplies for such
    27  projects using state assistance pursuant to this section.
    28    6. Real property acquired, developed, improved, restored or  rehabili-
    29  tated  by  or  through a municipality or not-for-profit corporation with
    30  funds made available pursuant to this title shall not be  sold,  leased,
    31  exchanged,  donated  or otherwise disposed of or used for other than the
    32  public purposes of this title without the express authority of an act of
    33  the legislature, which shall provide for the substitution of other lands
    34  of equal environmental value and fair market value and reasonably equiv-
    35  alent usefulness and location to  those  to  be  discontinued,  sold  or
    36  disposed  of,  and  such  other requirements as shall be approved by the
    37  commissioner.
    38    7. If the state acquires a real property interest in land purchased by
    39  a municipality or not-for-profit with funds made available  pursuant  to
    40  this  title,  the state shall pay the fair market value of such interest
    41  less the amount of funding  provided  by  the  state  pursuant  to  this
    42  section.
    43    8. To the fullest extent practicable, it is the policy of the state to
    44  promote an equitable regional distribution of funds, consistent with the
    45  purpose of this section.
    46  § 15-3305. Approval and execution of projects.
    47    1. Land acquisition projects for source water protection may be under-
    48  taken  pursuant  to  the provisions of this article and other applicable
    49  provisions of law only with the approval of the commissioner.
    50    2. The commissioner shall review  such  project  application  and  may
    51  approve,  disapprove  or recommend modifications thereto consistent with
    52  applicable law, criteria, standards or rules and regulations relative to
    53  such projects. In reviewing applications for projects pursuant  to  this
    54  section, the commissioner shall give due consideration to:
    55    a.  the  project's  contribution  to  the protection of drinking water
    56  supplies;

        S. 2007--B                         116                        A. 3007--B
 
     1    b.  the  presence  of  a  water  plan,  including   a   source   water
     2  assessment/protection  plan or other similar plan which identifies meas-
     3  ures to reduce threats to drinking water sources and priorities for land
     4  acquisition projects; and,
     5    c. financial need or hardship.
     6    3.  All  land acquisition projects shall be undertaken in the state of
     7  New York. The total amount of the state assistance payments  toward  the
     8  cost  of any such project shall be set forth in any request for proposal
     9  issued to solicit projects and will  in  no  event  exceed  seventy-five
    10  percent of the cost.
    11    For  the  purpose  of  determining  the amount of the state assistance
    12  payments, the cost of the project shall not be more than the amount  set
    13  forth  in  the application for state assistance payments approved by the
    14  commissioner. The state assistance payments toward the cost of a project
    15  shall be paid on audit and warrant of the state comptroller on a certif-
    16  icate of availability of the director of the budget.
    17    4. a. The commissioner and a municipality may enter  into  a  contract
    18  for  the  undertaking  by  the municipality of a source water protection
    19  project. Such project shall be recommended to the  commissioner  by  the
    20  governing body of the municipality and, when approved by the commission-
    21  er, may be undertaken by the municipality pursuant to this title and any
    22  other applicable provision of law.
    23    b.  The commissioner and a not-for-profit corporation may enter into a
    24  contract for the undertaking by  the  not-for-profit  corporation  of  a
    25  source  water protection project. Such a project shall be recommended to
    26  the commissioner by the governing body of a  not-for-profit  corporation
    27  which  demonstrates  to  the satisfaction of the commissioner that it is
    28  capable of operating and maintaining such property for  the  benefit  of
    29  drinking  water  and/or  water  quality protection. Upon approval by the
    30  commissioner, such project may be undertaken pursuant to the  provisions
    31  of this title and any other applicable provision of law.
    32    5. No monies shall be expended for source water protection land acqui-
    33  sition projects except pursuant to an appropriation therefor.
    34    §  3. The public health law is amended by adding a new section 1114 to
    35  read as follows:
    36    § 1114. Lead service line replacement grant program.  1. To the extent
    37  practicable, the department shall allocate appropriated funds  equitably
    38  among  regions  of  the  state. Within each region, the department shall
    39  give priority to municipalities that have a high percentage of  elevated
    40  childhood blood lead levels, based on the most recent available data. In
    41  distributing the awards allocated for each region to such priority muni-
    42  cipalities,  the department shall also consider whether the community is
    43  low income and the number of lead service lines in need of  replacement.
    44  The  department  may  request  that  such  municipalities  provide  such
    45  documentation as the department may require to confirm  award  eligibil-
    46  ity.
    47    2. The department shall publish information, application forms, proce-
    48  dures  and  guidelines  relating  to the program on its website and in a
    49  manner that is accessible to the public and all potential award  recipi-
    50  ents.
    51    §  4.  Article  27 of the environmental conservation law is amended by
    52  adding a new title 12 to read as follows:
    53                                   TITLE 12
 
    54         MITIGATION AND REMEDIATION OF CERTAIN SOLID WASTE SITES AND
    55                        DRINKING WATER CONTAMINATION

        S. 2007--B                         117                        A. 3007--B
 
     1  Section 27-1201. Definitions.
     2          27-1203. Mitigation and remediation of solid waste sites.
     3          27-1205. Mitigation of contaminants in drinking water.
     4          27-1207. Use and reporting of the solid waste mitigation account
     5                     and the drinking water response account.
     6          27-1209. Rules and regulations.
     7          27-1211. Protection  against  liability and liability exemptions
     8                     and defenses.
     9  § 27-1201. Definitions.
    10    When used in this title:
    11    1. "Contaminant" means emerging contaminants pursuant to section elev-
    12  en hundred twelve of the public health law, and, for solid waste  sites,
    13  shall include parameters identified in regulations required to be tested
    14  by landfills to ensure the protection of groundwater quality.
    15    2.  "Contamination"  or "contaminated" means the presence of a contam-
    16  inant in any environmental media,  including  soil,  surface  water,  or
    17  groundwater,  sufficient  to  cause  or  substantially  contribute to an
    18  exceedance of standards, criteria, and guidance  values  established  by
    19  the  department  or  drinking water standards, including maximum contam-
    20  inant levels, notification levels, maximum residual disinfectant  levels
    21  or action levels established by the department of health.
    22    3.  "Drinking water contamination site" means any area or site that is
    23  causing or substantially contributing to the  contamination  of  one  or
    24  more public drinking water supplies.
    25    4.  "Drinking  water  response  account" means the account established
    26  pursuant to subdivision one  of  section  ninety-seven-b  of  the  state
    27  finance law.
    28    5.  "Mitigation"  means  the  investigation,  sampling, management, or
    29  treatment of a solid waste site or  drinking  water  contamination  site
    30  required  to  ensure  the availability of safe drinking water, including
    31  public water systems and individual onsite water supply  systems  neces-
    32  sary to meet standards, criteria, and guidance values established by the
    33  department  or  drinking  water standards, including maximum contaminant
    34  levels, notification levels, maximum residual  disinfectant  levels,  or
    35  action  levels  established  by  the  department  of  health that can be
    36  successfully carried out with available, implementable  and  cost-effec-
    37  tive  technology. "Mitigation" activities include but are not limited to
    38  the installation of drinking water treatment systems, the  provision  of
    39  alternative  water  supplies,  or repair of a landfill cap. "Mitigation"
    40  does not mean remediation.
    41    6. "Solid waste site" means a site where  (a)  the  department  has  a
    42  reasonable  basis  to  suspect  that the illegal disposal of solid waste
    43  occurred or, (b) a court of competent jurisdiction has  determined  that
    44  an illegal disposal of solid waste occurred, or (c) the department knows
    45  or  has  a  reasonable  basis  to  suspect  that an inactive solid waste
    46  management facility which does not have a current monitoring program  is
    47  impacting  or  contaminating  one or more drinking water supplies. Solid
    48  waste site shall not include a site which is currently subject to inves-
    49  tigation or remediation pursuant to title thirteen or fourteen  of  this
    50  article  or  any  site  which  completed  such  programs  and was either
    51  delisted by or received a certificate of completion from the department.
    52    7. "Solid waste mitigation  account"  means  the  account  established
    53  pursuant  to  subdivision  one  of  section  ninety-seven-b of the state
    54  finance law.
    55    8. "Solid waste management facility" means any facility  employed  for
    56  solid  waste  collection,  processing  and disposal including processing

        S. 2007--B                         118                        A. 3007--B
 
     1  systems, including resource recovery facilities or other facilities  for
     2  reducing  solid  waste  volume, sanitary landfills, regulated facilities
     3  for the disposal of construction and demolition debris, regulated plants
     4  and  facilities  for  compacting,  composting  or  pyrolization of solid
     5  wastes, regulated mulch  facilities,  landspreading  and  soil  amending
     6  operations, and incinerators.
     7  § 27-1203. Mitigation and remediation of solid waste sites.
     8    1.  The  solid  waste  site  priority in this state is to mitigate and
     9  remediate any solid waste site causing or substantially contributing  to
    10  impairments of drinking water quality which may impact public health.
    11    2. The department shall, in conjunction with the department of health,
    12  develop a system to select and prioritize sites for mitigation and reme-
    13  diation, considering the effects on the health of the state.
    14    3.  Beginning July first, two thousand nineteen and annually thereaft-
    15  er, the department shall prepare and submit  to  the  governor  and  the
    16  legislature  a  comprehensive  plan  designed  to mitigate and remediate
    17  solid waste sites. This plan shall establish a solid  waste  site  miti-
    18  gation and remediation priority list.
    19    4.  The department is authorized to conduct preliminary investigations
    20  to determine if a solid waste site is causing or substantially  contrib-
    21  uting to imminent or documented drinking water source contamination. The
    22  department,  and  any employee, agent, consultant or other person acting
    23  at the direction of the department, shall have the  authority  to  enter
    24  all  solid  waste  sites  for  the purpose of preliminary investigation,
    25  mitigation and remediation, provided that  the  department  has  made  a
    26  reasonable  effort to identify the owner of such property to notify such
    27  owner of the intent to enter the property at least ten days in  advance.
    28  In  the  event  the commissioner of health makes a written determination
    29  that such ten day notice  will  not  be  sufficient  to  protect  public
    30  health,  two days' written notice shall be sufficient. Any inspection of
    31  the property and each taking of samples shall take place  at  reasonable
    32  times  and  shall be commenced and completed with reasonable promptness.
    33  Such preliminary investigation shall include:
    34    a. conducting or causing to be conducted field investigations of  high
    35  priority  sites  identified in the plan established pursuant to subdivi-
    36  sion three of this section for the purpose of further defining necessary
    37  mitigation and remediation, if any. To the maximum  extent  practicable,
    38  the  department  shall  utilize  existing information including, but not
    39  limited to, subsurface borings and any  analyses  or  tests  of  samples
    40  taken  from such sites by owners or operators, other responsible persons
    41  and any federal or non-federal agencies;
    42    b. making any subsurface borings and any analyses or tests of  samples
    43  taken  as may be necessary or desirable to effectuate the field investi-
    44  gations of sites as required under this section subject to the  require-
    45  ments  of  this title. If the owner of a solid waste site can be identi-
    46  fied, the department shall provide such owner  with  a  minimum  of  ten
    47  days'  written  notice  of the intent to take such borings or samples in
    48  accordance with the provisions of subdivision twelve of section  27-1205
    49  of  this  title.  If any analysis is made of such samples, a copy of the
    50  results of such analysis shall be furnished promptly  to  the  owner  or
    51  operator. Upon the completion of all sampling activities, the department
    52  or authorized person shall remove, or cause to be removed, all equipment
    53  and  well machinery and return the ground surface of the property to its
    54  condition prior to such sampling, unless the  department  or  authorized
    55  person, and the owner of the property shall otherwise agree;

        S. 2007--B                         119                        A. 3007--B
 
     1    c.  making any record searches or document reviews as may be necessary
     2  or desirable to effectuate the purposes of this section subject  to  the
     3  requirements of this title.
     4    5.  If  the  department  or  the department of health, as appropriate,
     5  determines that a solid waste site poses a  significant  threat  to  the
     6  public  health  or  environment  due  to hazardous waste, the department
     7  shall refer the site to the inactive hazardous waste disposal site reme-
     8  dial program pursuant to title thirteen of this article.
     9    6. Where the department has determined through a preliminary  investi-
    10  gation  conducted  pursuant  to  subdivision four of this section that a
    11  solid waste site is causing or  substantially  contributing  to  contam-
    12  ination  of  a  public drinking water supply, the owner or operator of a
    13  solid waste site shall, at the department's written  request,  cooperate
    14  with  any  and all remedial measures deemed necessary and which shall be
    15  undertaken by the department, in  conjunction  with  the  department  of
    16  health, for the mitigation and remediation of a solid waste site or area
    17  which is necessary to ensure that drinking water meets applicable stand-
    18  ards, including maximum contaminant levels, notification levels, maximum
    19  residual  disinfectant  levels,  or  action  levels  established  by the
    20  department of health. The department may implement necessary measures to
    21  mitigate and remediate the solid waste site within amounts  appropriated
    22  for such purposes from the solid waste mitigation account.
    23  § 27-1205. Mitigation of contaminants in drinking water.
    24    1.  Whenever  the  commissioner  of health has required a public water
    25  system to take action to reduce exposure to an emerging  contaminant  or
    26  emerging  contaminants  and has determined that the concentration of the
    27  emerging contaminant constitutes an actual or potential threat to public
    28  health based on the best available scientific  information  pursuant  to
    29  section  eleven  hundred twelve of the public health law, the department
    30  in conjunction with the department of health, may, pursuant to the Clean
    31  Water Infrastructure Act of 2017 and within the up to one hundred thirty
    32  million dollars appropriated for such purposes, undertake all reasonable
    33  and necessary additional mitigation measures in any area of the state in
    34  which contamination is known to be present. The department shall  employ
    35  feasible  measures  that can be successfully carried out with available,
    36  implementable and cost effective technology. Such area shall include, at
    37  a minimum, all properties served by the public water system,  any  indi-
    38  vidual  onsite  water  supply systems impacted by the contamination, and
    39  any land and any surface or underground water sources  impacted  by  the
    40  contamination.  Such  approved  measures  shall  be protective of public
    41  health and may include but not be limited to the installation of  treat-
    42  ment  systems  or  the  provision of alternative water supply sources to
    43  ensure that drinking water meets applicable standards, including maximum
    44  contaminant levels, notification levels, maximum  residual  disinfectant
    45  levels, or action levels established by the department of health.
    46    2.  If  the  department  or  the  department of health, as applicable,
    47  determines that a drinking water contamination site poses a  significant
    48  threat  to  the public health or environment from a hazardous waste, the
    49  department shall refer the site to the inactive hazardous waste disposal
    50  site remedial program pursuant to title thirteen of this article.
    51    3. Whenever the commissioner of health has  required  a  public  water
    52  system  to  take  action to reduce exposure to emerging contaminants and
    53  has determined  that  the  concentration  of  the  emerging  contaminant
    54  constitutes  an actual or potential threat to public health based on the
    55  best available scientific information pursuant to section eleven hundred
    56  twelve of the public health law:

        S. 2007--B                         120                        A. 3007--B
 
     1    a. the department shall have the authority to  undertake  directly  in
     2  conjunction with the department of health, the development and implemen-
     3  tation  of all necessary and reasonable mitigation and remediation meas-
     4  ures of drinking water contamination, as approved by the  department  of
     5  health, to address emerging contaminants in public water supplies;
     6    b.  the  commissioner  may  order,  after notice and opportunity for a
     7  hearing, the owner and/or operator of the drinking  water  contamination
     8  site  and/or  any person responsible for such contamination to undertake
     9  all reasonable and necessary mitigation and remediation, as approved  by
    10  the department of health, to ensure that drinking water meets applicable
    11  standards,  including  maximum  contaminant levels, notification levels,
    12  maximum residual disinfectant levels, or action  levels  established  by
    13  the  department  of  health,  and  employ  feasible measures that can be
    14  successfully carried out with available, implementable and  cost  effec-
    15  tive  technology,  subject  to  the  approval  of the department and the
    16  department of health, at such site, and to implement such program within
    17  reasonable time limits specified in the order.  Provided, however,  that
    18  in the event the commissioner of health shall issue an order pursuant to
    19  subdivision three of section one thousand three hundred eighty-nine-b of
    20  the  public  health  law, such order of the commissioner of health shall
    21  supersede any order issued hereunder.
    22    4. The department shall have the authority a. to delegate responsibil-
    23  ity for a specific drinking water contamination site to the municipality
    24  in which such site is located and b. to contract with any  other  person
    25  to perform necessary work in connection with such sites.
    26    5.  Section eight of the court of claims act or any other provision of
    27  law to the contrary notwithstanding, the  state  shall  be  immune  from
    28  liability  and  action  with  respect to any act or omission done in the
    29  discharge of the department's aforesaid responsibility pursuant to  this
    30  title;  provided,  however,  that  this  subdivision shall not limit the
    31  liability which may otherwise exist for unlawful, willful, or  malicious
    32  acts  or  omissions  on  the part of the state, state agencies, or their
    33  officers, employees or agents; or for the  ownership  or  responsibility
    34  for  the  disposal of such contaminant, including liability for the cost
    35  of remediation, pursuant to this section.
    36    6. Whenever the commissioner of health, after investigation, finds:
    37    a. that a public drinking water contamination site represents an actu-
    38  al or potential threat to the public health; and
    39    b. the threat makes it prejudicial to the  public  interest  to  delay
    40  action  until  a hearing can be held pursuant to this title, the depart-
    41  ment may, pursuant to paragraph a of subdivision three of  this  section
    42  and within the funds available to the department from the drinking water
    43  response account, develop and implement, in conjunction with the depart-
    44  ment  of  health,  all  reasonable and necessary mitigation and remedial
    45  measures to address drinking water contamination for such site to ensure
    46  that  drinking  water  meets  applicable  standards,  including  maximum
    47  contaminant  levels,  notification levels, maximum residual disinfectant
    48  levels or action levels established by the department of  health.  Find-
    49  ings  required  pursuant to this subdivision shall be in writing and may
    50  be made by the commissioner of health on an ex parte  basis  subject  to
    51  judicial review.
    52    7.  Any  order  issued pursuant to paragraph b of subdivision three of
    53  this section shall be issued only after notice and the opportunity for a
    54  hearing is provided to persons who may be the  subject  of  such  order.
    55  The  commissioner  or  the  commissioner of health shall determine which
    56  persons are responsible pursuant to said subdivision according to appli-

        S. 2007--B                         121                        A. 3007--B
 
     1  cable principles of statutory or  common  law  liability.  Such  persons
     2  shall  be  entitled to raise any defense set forth in section 27-1211 of
     3  this title or common law defense at any such hearing and  such  defenses
     4  shall have the same force and effect at such hearings as they would have
     5  in  a  court  of  law. In the event a hearing is held, no order shall be
     6  issued by the commissioner under subdivision three of this section until
     7  a final decision has been rendered. Any such order shall  be  reviewable
     8  pursuant  to  article  seventy-eight of the civil practice law and rules
     9  within thirty days after service of such order. The commissioner or  the
    10  commissioner  of  health  may  request the participation of the attorney
    11  general in such hearings.
    12    8. The commissioner shall make all reasonable efforts,  in  accordance
    13  with  the  requirements  of subdivision six of section ninety-seven-b of
    14  the state finance law, to recover all mitigation costs incurred pursuant
    15  to subdivisions one and three of this  section  from  the  owner  and/or
    16  operator of the drinking water contamination site.
    17    9.  When a municipality develops and implements remediation to address
    18  a drinking water contamination site, determined pursuant to  subdivision
    19  four  of  this  section,  and the plan is approved by the department, in
    20  conjunction with the department of health, which is owned  or  has  been
    21  operated  by  such  municipality  or when the department, in conjunction
    22  with the department of health, pursuant to an agreement with  a  munici-
    23  pality,  develops  and  implements  such  remediation,  the commissioner
    24  shall, in the name of the state, agree in such agreement to provide from
    25  the drinking water response account, within the limitations of appropri-
    26  ations  therefor,  seventy-five  percent  of  the  eligible  design  and
    27  construction costs of such program for which such municipality is liable
    28  solely  because of its ownership and/or operation of such site and which
    29  are not recovered from or reimbursed or paid by a responsible  party  or
    30  the federal government.
    31    10.  Nothing  contained  within  this  section  shall  be construed as
    32  impairing or in any manner affecting the right or  jurisdiction  of  the
    33  attorney general to seek appropriate relief pursuant to his or her stat-
    34  utory or common law authority.
    35    11.  Moneys  for  actions  taken or to be taken by the department, the
    36  department of health or any other state agency pursuant  to  this  title
    37  shall  be  payable  directly  to  such  agencies from the drinking water
    38  response account pursuant to section ninety-seven-b of the state finance
    39  law.
    40    12. a. Every person shall, upon the written request of the commission-
    41  er or a designee, permit a duly designated officer or  employee  of  the
    42  department  at  all  reasonable  times to have access to and to copy all
    43  books, papers, documents and records pertinent to  an  ongoing  investi-
    44  gation  of drinking water contamination identified in section 27-1203 of
    45  this title.
    46    b. The commissioner may sign and issue subpoenas in the  name  of  the
    47  department  requiring  the  production  of  books, papers, documents and
    48  other records and may take testimony by depositions under  oath  of  any
    49  person relating to the ongoing investigation of a drinking water contam-
    50  ination  identified  in this title. Such subpoenas and depositions shall
    51  be regulated by the state of New York's civil practice  law  and  rules.
    52  The commissioner may invoke the powers of the supreme court of the state
    53  of  New  York to compel compliance with any such subpoena or any request
    54  to take such depositions.
    55    c. When the department has substantial  evidence  that  such  drinking
    56  water contamination site is causing or substantially contributing to the

        S. 2007--B                         122                        A. 3007--B
 
     1  contamination  of  drinking  water, and subject to the applicable notice
     2  provisions set forth in paragraph d of this subdivision, any duly desig-
     3  nated officer or employee of the department, or of any state agency, and
     4  any agent, consultant, contractor, or other person, including an employ-
     5  ee,  agent,  consultant, or contractor of a responsible person acting at
     6  the direction of the department, so authorized in writing by the commis-
     7  sioner, may enter any drinking water contamination site and  areas  near
     8  such  site  and  inspect  and take samples of wastes, soil, air, surface
     9  water, and groundwater. In order to take such samples, the department or
    10  authorized person may utilize or cause  to  be  utilized  such  sampling
    11  methods  as it determines to be necessary including, but not limited to,
    12  soil borings and monitoring wells.
    13    d. The department or authorized person  shall  not  take  any  samples
    14  involving the substantial disturbance of the ground surface of any prop-
    15  erty unless it has made a reasonable effort to identify the owner of the
    16  property and to notify such owner of the intent to take such samples. If
    17  the  owner  can  be  identified, the department shall provide such owner
    18  with a minimum of ten days' written notice of the  intent,  unless  such
    19  owners  and  occupants consent to an earlier date, to take such samples,
    20  unless the commissioner makes a written determination that such ten  day
    21  notice  will  not  allow  the  department  to protect the environment or
    22  public health, in which case two days' written notice  shall  be  suffi-
    23  cient.  Any  inspection  of the property and each such taking of samples
    24  shall take  place  at  reasonable  times  and  shall  be  commenced  and
    25  completed  with  reasonable promptness. If any officer, employee, agent,
    26  consultant, contractor, or other person so authorized in writing by  the
    27  commissioner  obtains  any  samples prior to leaving the premises, he or
    28  she shall give to the owner or operator a receipt describing the  sample
    29  obtained  and, if requested, a portion of such sample equal in volume or
    30  weight to the portion retained. If any analysis is made of such samples,
    31  a copy of the results of such analysis shall be  furnished  promptly  to
    32  the  owner  or operator. Upon the completion of all sampling activities,
    33  the department or  authorized  person  shall  remove,  or  cause  to  be
    34  removed,  all equipment and well machinery and return the ground surface
    35  of the property to its condition prior  to  such  sampling,  unless  the
    36  department  or  authorized  person,  and the owner of the property shall
    37  otherwise agree.
    38    e. The expense of any such mitigation by the department or the depart-
    39  ment of health shall be paid by the drinking water response account, but
    40  may be recovered from any responsible person in any action or proceeding
    41  brought pursuant to the state finance law, this title,  other  state  or
    42  federal statute, or common law if the person so authorized in writing is
    43  an  employee,  agent,  consultant, or contractor of a responsible person
    44  acting at the direction of the department, then the expense of any  such
    45  sampling and analysis shall be paid by the responsible person.
    46    f.  Any  duly  designated officer or employee of the department or any
    47  other state agency, and any  agent,  consultant,  contractor,  or  other
    48  person  acting at the direction of the department, authorized in writing
    49  by the commissioner, may enter any drinking water contamination site and
    50  areas near such site to undertake all  reasonable  and  necessary  miti-
    51  gation and remediation for such site, provided: (a) the commissioner has
    52  sent  a written notice to the owners of record or any known occupants of
    53  such site or nearby areas of the intended entry and work  at  least  ten
    54  days  prior  to  such  initial  entry  unless  such owners and occupants
    55  consent to an earlier date;  and  (b)  the  department  has  substantial
    56  evidence  that  such  drinking  water  contamination  site is causing or

        S. 2007--B                         123                        A. 3007--B
 
     1  substantially contributing to the contamination of  drinking  water.  In
     2  the  event the commissioner of health makes a written determination that
     3  such ten day notice will not be sufficient to protect public health, two
     4  days' written notice shall be sufficient.
     5  § 27-1207. Use  and  reporting of the solid waste mitigation account and
     6               the drinking water response account.
     7    1. Pursuant to the clean water  infrastructure  act  of  two  thousand
     8  seventeen and within the up to one hundred thirty million dollars appro-
     9  priated for such purposes, mitigation and remediation efforts to address
    10  public drinking water contamination from emerging contaminants and solid
    11  waste  sites  causing  or  substantially  contributing to drinking water
    12  impairment that impacts public health may  be  conducted  in  accordance
    13  with this title.
    14    2.  The  solid waste mitigation account shall be made available to the
    15  department and the department of health, as applicable, for the  follow-
    16  ing purposes:
    17    a. enumeration and assessment of solid waste sites;
    18    b.  investigation  and  environmental  characterization of solid waste
    19  sites, including environmental sampling;
    20    c. mitigation and remediation of solid waste sites;
    21    d. monitoring of solid waste sites; and
    22    e. administration and  enforcement  of  the  requirements  of  section
    23  27-1203 of this title.
    24    3.  The drinking water response account shall be made available to the
    25  department and the department of health, as applicable, for the  follow-
    26  ing purposes:
    27    a. mitigation of drinking water contamination;
    28    b. investigation of drinking water contamination;
    29    c. remediation of drinking water contamination; and
    30    d.  administration  and  enforcement of the requirements of this title
    31  except the provisions of section 27-1203.
    32    4. On or before July first, two thousand nineteen and  July  first  of
    33  each  succeeding  year, the department shall report on the status of the
    34  programs.
    35  § 27-1209. Rules and regulations.
    36    The department shall promulgate rules and  regulations  necessary  and
    37  appropriate to carry out the purposes of this title and shall at a mini-
    38  mum  include  such  provisions  for requisite due process and meaningful
    39  public participation as are appropriate to any action undertaken  pursu-
    40  ant  to  this  title, taking into consideration the nature and degree of
    41  any public health impacts and the urgency of any need for  investigation
    42  or remediation of contamination.
    43  § 27-1211. Protection  against  liability  and  liability exemptions and
    44               defenses.
    45    In addition to common law defenses, the provisions of sections 27-1321
    46  and 27-1323 of this article shall apply to a solid waste  site  that  is
    47  causing  or substantially contributing to contamination of public drink-
    48  ing water supplies or a drinking water contamination  site  pursuant  to
    49  this  title  and  shall  apply  to emerging contaminants in the same way
    50  applicable to hazardous materials and hazardous wastes.
    51    § 5. Subdivisions 1, 2 and 6 and paragraphs (i) and (j) of subdivision
    52  3 of section 97-b of the state finance law, subdivision 1 as amended and
    53  paragraph (j) of subdivision 3 as added by section 4 of part I of  chap-
    54  ter 1 of the laws of 2003, subdivision 2 as amended by section 5 of part
    55  X  of  chapter 58 of the laws of 2015, paragraph (i) of subdivision 3 as
    56  amended by section 1 of part R of chapter 59 of the laws of 2007, subdi-

        S. 2007--B                         124                        A. 3007--B
 
     1  vision 6 as amended by chapter 38 of the laws of 1985, are  amended  and
     2  two  new  paragraphs  (k)  and (l) are added to subdivision 3 to read as
     3  follows:
     4    1. There is hereby established in the custody of the state comptroller
     5  a nonlapsing revolving fund to be known as the "hazardous waste remedial
     6  fund",  which  shall  consist  of a "site investigation and construction
     7  account", an "industry fee transfer account", an "environmental restora-
     8  tion project  account",  "hazardous  waste  cleanup  account",  [and]  a
     9  "hazardous  waste  remediation  oversight  and  assistance  account" , a
    10  "solid  waste  mitigation  account",  and  a  "drinking  water  response
    11  account".
    12    2. Such fund shall consist of all of the following:
    13    (a)  moneys appropriated for transfer to the fund's site investigation
    14  and construction account; (b) all fines and other  sums  accumulated  in
    15  the fund prior to April first, nineteen hundred eighty-eight pursuant to
    16  section 71-2725 of the environmental conservation law for deposit in the
    17  fund's  site  investigation  and  construction  account;  (c) all moneys
    18  collected or received by the department of taxation and finance pursuant
    19  to section 27-0923 of the environmental conservation law for deposit  in
    20  the  fund's  industry fee transfer account; (d) all moneys paid into the
    21  fund pursuant to section 72-0201 of the environmental  conservation  law
    22  which  shall  be  deposited in the fund's industry fee transfer account;
    23  (e) all moneys paid into the fund pursuant to paragraph (b) of  subdivi-
    24  sion  one  of section one hundred eighty-six of the navigation law which
    25  shall be deposited in the fund's industry fee transfer account; (f)  all
    26  [monies] moneys recovered under sections 56-0503, 56-0505 and 56-0507 of
    27  the  environmental conservation law into the fund's environmental resto-
    28  ration project account; (g) all fees paid  into  the  fund  pursuant  to
    29  section  72-0402  of  the  environmental conservation law which shall be
    30  deposited in the fund's industry  fee  transfer  account;  (h)  payments
    31  received  for all state costs incurred in negotiating and overseeing the
    32  implementation of brownfield site cleanup agreements pursuant  to  title
    33  fourteen  of  article twenty-seven of the environmental conservation law
    34  shall be deposited in the  hazardous  waste  remediation  oversight  and
    35  assistance account; (i) all moneys recovered pursuant to title twelve of
    36  article  twenty-seven  of  the  environmental  conservation law into the
    37  fund's drinking water response account; and [(i)] (j) other moneys cred-
    38  ited or transferred thereto from any other fund or source for deposit in
    39  the fund's site investigation and construction account.
    40    (i) with respect to moneys in the hazardous  waste  remediation  over-
    41  sight and assistance account, non-bondable costs associated with hazard-
    42  ous  waste  remediation  projects. Such costs shall be limited to agency
    43  staff costs associated with the administration of state  assistance  for
    44  brownfield  opportunity areas pursuant to section nine hundred seventy-r
    45  of the general municipal law, agency staff  costs  associated  with  the
    46  administration  of  technical assistance grants pursuant to titles thir-
    47  teen and fourteen of article twenty-seven of the environmental conserva-
    48  tion law, and costs of  the  department  of  environmental  conservation
    49  related  to the geographic information system required by section 3-0315
    50  of the environmental conservation law; [and]
    51    (j) with respect to moneys in the hazardous  waste  remediation  over-
    52  sight  and  assistance  account, technical assistance grants pursuant to
    53  titles thirteen and fourteen of article  twenty-seven  of  the  environ-
    54  mental conservation law[.];
    55    (k) with respect to moneys in the solid waste mitigation account, when
    56  allocated, shall be available to the department of environmental conser-

        S. 2007--B                         125                        A. 3007--B
 
     1  vation  to  undertake  mitigation  and  remediation as the department of
     2  environmental conservation may determine necessary related  to  a  solid
     3  waste site pursuant to title twelve of article twenty-seven of the envi-
     4  ronmental conservation law which indicates that conditions on such prop-
     5  erty are impairing drinking water quality and to ensure the provision of
     6  safe  drinking  water,  provided however, that no more than five million
     7  dollars will be available annually for such account; and
     8    (l) with respect to moneys in the  drinking  water  response  account,
     9  when  allocated,  shall  be available to the department of environmental
    10  conservation, and to the department of health, to  undertake  mitigation
    11  and  remediation as the departments may determine necessary related to a
    12  drinking water contamination site pursuant to title  twelve  of  article
    13  twenty-seven  of the environmental conservation law which indicates that
    14  conditions on  such  property  are  impairing  drinking  water  quality,
    15  provided  however,  that  no  more  than  twenty million dollars will be
    16  available annually for such account.
    17    6. The commissioner of the department  of  environmental  conservation
    18  shall  make  all  reasonable  efforts  to recover the full amount of any
    19  funds expended from the fund pursuant to paragraph (a) and paragraph (l)
    20  of subdivision three of this section through litigation  or  cooperative
    21  agreements  with  responsible  persons.  Any and all moneys recovered or
    22  reimbursed pursuant to this  section  through  voluntary  agreements  or
    23  court orders shall be deposited with the comptroller and credited to the
    24  account of such fund from which such expenditures were made.
    25    §  6.  1.  This  section  shall be known and be cited as the "New York
    26  State water infrastructure improvement act of 2017".
    27    2. For purposes of this act:
    28    a. "water quality infrastructure project" shall mean "sewage treatment
    29  works" as defined in section 17-1903 of the  environmental  conservation
    30  law or "eligible project" as defined in paragraphs (a), (b), (c) and (e)
    31  of subdivision 4 of section 1160 of the public health law.
    32    b. "construction" shall mean:
    33    (i) for sewage treatment works, the same as defined in section 17-1903
    34  of the environmental conservation law; and
    35    (ii)  for  eligible  projects,  the same meaning as defined in section
    36  1160 of the public health law.
    37    c. "municipality" shall mean any county, city, town, village, district
    38  corporation, county or town improvement district, school district, Indi-
    39  an nation or tribe recognized by the state or the United States  with  a
    40  reservation  wholly  or  partly within the boundaries of New York state,
    41  any public benefit corporation or public authority established  pursuant
    42  to  the  laws  of  New  York  or  any  agency of New York state which is
    43  empowered to  construct  and  operate  a  water  quality  infrastructure
    44  project, or any two or more of the foregoing which are acting jointly in
    45  connection with a water quality infrastructure project.
    46     3.  a.  The  environmental facilities corporation shall undertake and
    47  provide state financial assistance payments, from funds appropriated for
    48  such purpose, to municipalities in support of water quality  infrastruc-
    49  ture  projects provided, however, in any such year that funds are appro-
    50  priated for such purpose, no municipality shall receive more  than  five
    51  million  dollars  of appropriated funds. Such state financial assistance
    52  payments shall be awarded only to water quality infrastructure  projects
    53  for:
    54    (i) replacement or repair of infrastructure; or
    55    (ii)  compliance  with  environmental and public health laws and regu-
    56  lations related to water quality.

        S. 2007--B                         126                        A. 3007--B
 
     1    b. Any state financial assistance payment awarded pursuant to this act
     2  shall not exceed seventy-five percent of the project cost.
     3    c.  A  municipality  may  make an application for such state financial
     4  assistance payment, in a manner, form and timeframe and containing  such
     5  information  as  the  environmental  facilities  corporation may require
     6  provided however, such requirements shall not include a requirement  for
     7  prior listing on the intended use plan.
     8    d. A municipality shall not be required to accept environmental facil-
     9  ities  corporation  loan  financing in order to obtain a state financial
    10  assistance payment pursuant to this act  if  it  can  provide  proof  of
    11  having  obtained  similarly  low  cost  financing  or other funding from
    12  another source.
    13    e. In awarding such financial  assistance  payments,  the  corporation
    14  shall  be prohibited from requiring as a condition of receipt, or other-
    15  wise giving preference to, applicants who agree to  participate  in  the
    16  design, creation, or implementation of a municipal consolidation plan.
    17    f.  In awarding such state financial assistance payments, the environ-
    18  mental facilities corporation shall  consider  and  give  preference  to
    19  municipalities  that meet the hardship criteria established by the envi-
    20  ronmental facilities corporation  pursuant  to  section  1285-m  of  the
    21  public  authorities  law  and projects that result in the greatest water
    22  quality improvement or greatest reduction  in  serious  risk  to  public
    23  health.   For the purposes of this act, the hardship criteria of section
    24  1285-m of the public authorities law shall also apply to  sewage  treat-
    25  ment  works as defined in section 17-1903 of the environmental conserva-
    26  tion law.
    27    g. Water quality infrastructure projects financed with state financial
    28  assistance made available pursuant to this section shall be  subject  to
    29  the  requirements  of  article  8  of the labor law, the requirements of
    30  article 17-B of the executive law and the requirements and provisions of
    31  all applicable minority- and women-owned  business  mandates  including,
    32  but not limited to article 15-A of the executive law.
    33    §  7.  The  public  authorities law is amended by adding a new section
    34  1285-s to read as follows:
    35    § 1285-s. New York state intermunicipal  water  infrastructure  grants
    36  program.  1. For purposes of this section:
    37    (a)  "water  quality infrastructure project" shall mean "sewage treat-
    38  ment works" as defined in section 17-1903 of the environmental conserva-
    39  tion law or "eligible project" as defined in paragraphs  (a),  (b),  (c)
    40  and  (e)  of  subdivision  four  of  section eleven hundred sixty of the
    41  public health law.
    42    (b) "construction" shall mean:
    43    (i) for sewage treatment works, the same meaning as defined in section
    44  17-1903 of the environmental conservation law; and
    45    (ii) for eligible projects, the same meaning as defined in section one
    46  thousand one hundred sixty of the public health law.
    47    (c)  "municipality"  shall  mean  any  county,  city,  town,  village,
    48  district  corporation,  county  or  town  improvement  district,  school
    49  district, Indian nation or tribe recognized by the state or  the  United
    50  States  with a reservation wholly or partly within the boundaries of New
    51  York state, any public benefit corporation or  public  authority  estab-
    52  lished  pursuant to the laws of New York or any agency of New York state
    53  which is empowered to construct  and  operate  an  intermunicipal  water
    54  quality  infrastructure  project,  or  any  two or more of the foregoing
    55  which are acting jointly in  connection  with  an  intermunicipal  water
    56  quality infrastructure project.

        S. 2007--B                         127                        A. 3007--B
 
     1    2.  (a)  The  environmental facilities corporation shall undertake and
     2  provide state financial assistance payments, from funds appropriated for
     3  such purpose, to municipalities in support of intermunicipal water qual-
     4  ity infrastructure projects provided, however, in  any  such  year  that
     5  funds  are  appropriated for such purpose, each project shall receive an
     6  award of up to ten million dollars of appropriated funds; provided  that
     7  such  monies  shall  not exceed sixty percent of the total project cost;
     8  and provided further that the total state financial  assistance  payment
     9  for the project does not represent a disproportionate share of the total
    10  amount of available funding in any given year.
    11    (b)  Intermunicipal  water quality infrastructure projects shall serve
    12  multiple municipalities and may include a shared water  quality  infras-
    13  tructure  project or interconnection of multiple municipal water quality
    14  infrastructure projects and shall  be  awarded  only  to  water  quality
    15  infrastructure projects for:
    16    (i)  construction,  replacement  or repair of infrastructure provided,
    17  however, that such assistance shall not be awarded for  construction  to
    18  exclusively support residential or commercial development; or
    19    (ii)  compliance  with  environmental and public health laws and regu-
    20  lations related to water quality.
    21    (c) Cooperating municipalities may make an application for an intermu-
    22  nicipal water infrastructure grant, in a manner, form and timeframe  and
    23  containing  such information as the environmental facilities corporation
    24  may require provided however, such  requirements  shall  not  include  a
    25  requirement for prior listing on the intended use plan.
    26    (d)  Cooperating  municipalities shall not be required to accept envi-
    27  ronmental facilities corporation loan financing in  order  to  obtain  a
    28  state  financial  assistance  payment pursuant to this section if it can
    29  provide proof of having obtained similarly low cost financing  or  other
    30  funding from another source.
    31    (e)  In  awarding financial assistance payments, the corporation shall
    32  be prohibited from requiring as a condition  of  receipt,  or  otherwise
    33  giving preference to, applicants who agree to participate in the design,
    34  creation, or implementation of a municipal consolidation plan.
    35    3.  Intermunicipal water quality infrastructure projects financed with
    36  state financial assistance made available pursuant to this section shall
    37  be subject to the requirements of article eight of the  labor  law,  the
    38  requirements  of  article  seventeen-B  of  the  executive  law  and the
    39  requirements and provisions of all applicable minority- and  women-owned
    40  business mandates including, but not limited to article fifteen-A of the
    41  executive law.
    42    §  8.  The  public  authorities law is amended by adding a new section
    43  1285-t to read as follows:
    44    § 1285-t. Water infrastructure emergency financial assistance.  1. For
    45  purposes of this section, "municipality" means any county,  city,  town,
    46  village,  district  corporation,  county  or  town improvement district,
    47  school district, Indian nation or tribe recognized by the state  or  the
    48  United  States with a reservation wholly or partly within the boundaries
    49  of New York state, any public benefit corporation  or  public  authority
    50  established  pursuant  to the laws of New York or any agency of New York
    51  state which is empowered to construct and operate a wastewater or drink-
    52  ing water infrastructure project, or any two or more  of  the  foregoing
    53  which are acting jointly in connection with such a project.
    54    2. Upon a municipality's formal declaration of an emergency, the muni-
    55  cipality  shall  provide the department of environmental conservation or
    56  the department of health, as appropriate, with information to assess any

        S. 2007--B                         128                        A. 3007--B
 
     1  situation in which the state of the municipality's wastewater  or  water
     2  infrastructure  is causing or may cause an imminent hazard to the public
     3  health or welfare, or the environment. After its assessment,  if  either
     4  department  determines  the  state of the infrastructure is resulting or
     5  may result in imminent hazard to the public health or welfare, or to the
     6  environment, the corporation shall provide temporary  emergency  assist-
     7  ance,  within amounts appropriated, to the municipality in an amount not
     8  to exceed reasonable costs for infrastructure construction, replacement,
     9  or repair, and related engineering costs, that is immediately  necessary
    10  to eliminate or substantially reduce such hazard.
    11    3.  The corporation and the municipality shall enter into an agreement
    12  signed by an officer duly authorized by the governing body of the  muni-
    13  cipality  pursuant  to  which  the  corporation shall transmit emergency
    14  financial assistance in an amount determined by the department of  envi-
    15  ronmental  conservation  or  the department of health, as applicable, as
    16  necessary to address the imminent hazard, and shall provide the  assist-
    17  ance  payment to the municipality within two business days of receipt of
    18  such determination. The municipality shall submit an itemized cost esti-
    19  mate from the municipality's engineer or engineering consultant  to  the
    20  applicable department sufficient to make such determination.
    21    4.  No  later than fourteen days after the cessation of the emergency,
    22  the municipality shall provide to the corporation documentation for  all
    23  costs  paid  with the emergency assistance and refund to the corporation
    24  any portion of the financial assistance not used or committed to pay for
    25  the construction, replacement, or repair and related  engineering  costs
    26  determined to be necessary under subdivision one of this section.
    27    5. Subject to appropriation or duly authorized indebtedness, the muni-
    28  cipality  shall  repay the corporation within one year of its receipt of
    29  emergency financial  assistance  the  full  amount  of  such  assistance
    30  provided  to  it under this section. The corporation may extend the time
    31  to repay for up to one additional year if the corporation determines  in
    32  its  sole  discretion  that  such  an  extension  is warranted under the
    33  circumstances.
    34    6. Nothing in this section nullifies the eligibility of a municipality
    35  for other infrastructure funding, including grant, which may be provided
    36  by the state for water infrastructure directly related  to  the  infras-
    37  tructure  for which emergency financial assistance is awarded under this
    38  section, including funding the municipality could use to repay the emer-
    39  gency financial assistance. If  the  municipality  receives  such  other
    40  funding  from  the  state or any financial assistance from a third party
    41  for the same infrastructure, the  municipality  shall  within  ten  days
    42  first  repay  the  corporation  the outstanding balance of the emergency
    43  financial assistance before paying any remaining  costs  for  the  water
    44  infrastructure.
    45    §  9.  The  public  authorities law is amended by adding a new section
    46  1285-u to read as follows:
    47    § 1285-u.  Septic  system  replacement  fund.    1.  Definitions.  For
    48  purposes of this section:
    49    (a)  "Cesspool" means a drywell that receives untreated sanitary waste
    50  containing human excreta, which sometimes  has  an  open  bottom  and/or
    51  perforated sides.
    52    (b)  "Fund"  means the state septic system replacement fund created by
    53  this section.
    54    (c) "Participating county" means a county  that  notifies  the  corpo-
    55  ration that it seeks authority to administer a septic system replacement
    56  program  within  its  municipal  boundaries  and  agrees to abide by the

        S. 2007--B                         129                        A. 3007--B
 
     1  program's goals, guidelines, eligibility requirements and  reimbursement
     2  procedures  and provide information to property owners regarding program
     3  parameters including eligibility criteria.
     4    (d)  "Septic  system"  means  a system that provides for the treatment
     5  and/or disposition of the combination of human and sanitary  waste  with
     6  water  not  exceeding  one  thousand  gallons  per day, serving a single
     7  parcel of land, including residences and small businesses.
     8    (e) "Septic system project" means the replacement of a cesspool with a
     9  septic system, the installation, replacement  or  upgrade  of  a  septic
    10  system  or  septic system components, or installation of enhanced treat-
    11  ment technologies, including an advanced  nitrogen  removal  system,  to
    12  significantly and quantifiably reduce environmental and/or public health
    13  impacts  associated  with  effluent  from a cesspool or septic system to
    14  groundwater used as drinking water,  or  a  threatened  or  an  impaired
    15  waterbody.
    16    (f)  "Small  business"  means  any  business which is resident in this
    17  state, independently owned and operated, not dominant in its field,  and
    18  employing not more than one hundred individuals.
    19    2.  (a)  There  is  hereby created the state septic system replacement
    20  fund, which shall be administered by the corporation to reimburse  prop-
    21  erty  owners  for up to fifty percent of the eligible costs incurred for
    22  eligible septic system projects, provided that no property  owner  shall
    23  be reimbursed more than ten thousand dollars.
    24    (b) Eligible costs include design and installation costs, and costs of
    25  the  system,  system components, or enhanced treatment technologies, but
    26  shall not include costs associated with routine maintenance  such  as  a
    27  pump out of a septic tank.
    28    (c) The department of environmental conservation, in consultation with
    29  the department of health and participating counties, shall from the list
    30  of  participating  counties  establish priority geographic areas and, in
    31  the absence of  county  information,  identify  eligible  septic  system
    32  projects,  based  on an area's vulnerability to contamination, including
    33  the presence of a sole source aquifer, or known  water  quality  impair-
    34  ment,  population  density, soils, hydrogeology, climate, and reasonable
    35  ability for septic system projects to mitigate  water  quality  impacts.
    36  The  department  of environmental conservation may delegate to a partic-
    37  ipating county the identification  of  priority  geographic  areas.  The
    38  department  of  environmental conservation, in consultation with partic-
    39  ipating counties in which priority areas  have  been  identified,  shall
    40  determine  the  amount  of  money  from  the fund to be provided to each
    41  participating county based on density, demand for reimbursement from the
    42  fund and the criteria used to establish the priority  geographic  areas.
    43  The corporation shall publish information, application forms, procedures
    44  and  guidelines  relating  to the program on its website and in a manner
    45  that is accessible to the public.
    46    (d) The corporation shall provide state financial assistance  payments
    47  from the fund, from moneys appropriated by the legislature and available
    48  for  that  purpose,  to  participating  counties  to administer a septic
    49  system replacement program to  support  septic  system  projects  within
    50  their  municipal  boundaries  undertaken by property owners within their
    51  municipal boundaries. Where  such  project  is  located  in  a  priority
    52  geographic  area identified by the department of environmental conserva-
    53  tion as threatened or impaired by nitrogen, including  groundwater  used
    54  as  drinking  water,  such  septic  system  project must reduce nitrogen
    55  levels by at least thirty percent.

        S. 2007--B                         130                        A. 3007--B
 
     1    (e) The corporation shall make payments  monthly  to  a  participating
     2  county  upon  the receipt by the corporation of a certification from the
     3  participating county of the total  costs  incurred  by  property  owners
     4  within  its  municipal  boundaries for septic system projects within its
     5  municipal boundaries that are eligible for reimbursement from the fund.
     6    3.  (a) A participating county shall notify property owners who may be
     7  eligible to participate in the program.  Determinations  of  eligibility
     8  will  be made by the participating county based on the published program
     9  criteria and consideration of a property's location  in  relation  to  a
    10  waterbody, impacts to groundwater used as drinking water, and the condi-
    11  tion of the property owner's current septic system as determined by:
    12    (i) the county health department official; or
    13    (ii)  other  designated  authority  having  jurisdiction,  pursuant to
    14  septic inspections required by a municipal separate storm  sewer  system
    15  permit; or
    16    (iii)  a  septic contractor pursuant to the applicable county sanitary
    17  code.
    18    (b) An owner of property served by a septic  system  or  cesspool  may
    19  apply  to  a participating county on an application substantially in the
    20  form provided by the corporation.
    21    (c) Property owners in participating counties must have signed a prop-
    22  erty owner participation agreement with the county before the  start  of
    23  the  design  phase  to  be eligible for reimbursement from the fund. The
    24  agreement must be substantially in the form provided by the  corporation
    25  and include, without limitation, the program's goals, guidelines, eligi-
    26  bility requirements and reimbursement procedures.
    27    (d)  A property owner may apply for reimbursement of eligible costs by
    28  submitting to the  participating  county  a  reimbursement  application,
    29  which must include at least:
    30    (i) a signed property owner participation agreement;
    31    (ii)  a  completed reimbursement application form substantially in the
    32  form provided by the corporation;
    33    (iii) any applicable design approval for the septic system project;
    34    (iv) description of all work completed; and
    35    (v) cost documentation and invoice or invoices for eligible costs.
    36    (e) Participating counties will be  responsible  for  reviewing  their
    37  property  owners'  applications  and approving, modifying or denying the
    38  reimbursement requests as appropriate and issuing reimbursement payments
    39  to property owners from financial assistance payments made to the county
    40  from the fund.
    41    (f) Participation in this program and the receipt  of  payments  shall
    42  not  prevent participating counties from providing additional reimburse-
    43  ment to property owners.
    44    (g) Subject to the limitations of paragraph (d) of  this  subdivision,
    45  the  county  may  set graduated incentive reimbursement rates for septic
    46  system projects to maximize pollution reduction outcomes.
    47    4. On or before March first, two thousand nineteen, and annually ther-
    48  eafter, the corporation shall submit  to  the  governor,  the  temporary
    49  president of the senate and the speaker of the assembly a report regard-
    50  ing the program. Such report shall include, but shall not be limited to,
    51  the  number  and amount of grants provided, the number and amount of any
    52  grants denied, geographic distribution of such projects  and  any  other
    53  information the corporation determines useful in evaluating the benefits
    54  of the program.

        S. 2007--B                         131                        A. 3007--B
 
     1    § 10. Subdivision 4 of section 11-b of the soil and water conservation
     2  districts law, as amended by chapter 538 of the laws of 1996, is amended
     3  to read as follows:
     4    4.  Eligible  costs  that  may  be funded pursuant to this section are
     5  architectural  and  engineering  services,  plans  and   specifications,
     6  including  watershed  based  or  individual agricultural nonpoint source
     7  pollution assessments, consultant and legal services, conservation ease-
     8  ments and associated transaction costs specific to title thirty-three of
     9  article fifteen of the environmental conservation law and  other  direct
    10  expenses related to project implementation.
    11    §  11.  Report  on integrated database of infrastructure projects. The
    12  environmental facilities corporation  shall,  in  cooperation  with  the
    13  departments  of health and environmental conservation, study and prepare
    14  a report to the legislature by January 30, 2018, on the  feasibility  of
    15  establishing,  an  integrated  database  or platform incorporating past,
    16  present, and ongoing infrastructure projects that have been applied for,
    17  as well as those which have been funded through grant and loan  programs
    18  administered  by  the  department  of  environmental  conservation,  the
    19  department of  health,  and  the  environmental  facilities  corporation
    20  relating  to  water  quality infrastructure for the purpose of informing
    21  ongoing and future policy and funding initiatives.
    22    § 12. Subdivision 1 of section 3-0315 of the  environmental  conserva-
    23  tion  law,  as  added by section 1 of part C of chapter 1 of the laws of
    24  2003, is amended to read as follows:
    25    1. The department in conjunction with the commissioner of health shall
    26  create [or modify an existing] and  maintain  a  geographic  information
    27  system,  [and  maintain  such  system]  and  associated data storage and
    28  analytical systems for purposes of collecting, streamlining, and visual-
    29  izing integrated data, permits, and relevant sites about drinking  water
    30  quality  including,  but not limited to, incorporating [information from
    31  remedial programs under its jurisdiction, and] supply well and  monitor-
    32  ing well data, emerging contaminant data, water quality monitoring data,
    33  pertinent  data from remediation and landfill sites, permitted discharge
    34  locations and other potential contamination  risks  to  water  supplies.
    35  Such  system  shall  also  incorporate information from the source water
    36  assessment program collected by the  department  of  health,  data  from
    37  annual  water  supply  statements  prepared  pursuant  to section eleven
    38  hundred fifty-one of the public health law, information from  the  data-
    39  base pursuant to title fourteen of article twenty-seven of this chapter,
    40  and any other existing data regarding soil and groundwater contamination
    41  currently  gathered  by the department, as well as data on contamination
    42  that is readily available from the United States geological  survey  and
    43  other  sources determined appropriate by the department.  In addition to
    44  facilitating interagency coordination and predictive analysis to protect
    45  water quality, such system shall provide state agency information to the
    46  public through a website, within reasonable limitations to ensure confi-
    47  dentiality and security.
    48    § 13. If any clause, sentence, paragraph, section or part of this  act
    49  shall  be adjudged by any court of competent jurisdiction to be invalid,
    50  such judgment shall not affect, impair or invalidate the remainder ther-
    51  eof, but shall be confined in its operation  to  the  clause,  sentence,
    52  paragraph,  section or part thereof directly involved in the controversy
    53  in which such judgment shall have been rendered.
    54    § 14. This act shall take effect immediately; provided, however,  that
    55  emergency  financial  assistance  will  not  be  available under section
    56  1285-t of the public authorities law  established  pursuant  to  section

        S. 2007--B                         132                        A. 3007--B
 
     1  eight  of  this  act  until one hundred twenty days after this act shall
     2  take effect; and provided further that the provisions of section nine of
     3  this act shall take effect on the one hundred  eightieth  day  after  it
     4  shall become a law.
     5    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     6  sion,  section  or  part  of  this act shall be adjudged by any court of
     7  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     8  impair,  or  invalidate  the remainder thereof, but shall be confined in
     9  its operation to the clause, sentence, paragraph,  subdivision,  section
    10  or part thereof directly involved in the controversy in which such judg-
    11  ment shall have been rendered. It is hereby declared to be the intent of
    12  the  legislature  that  this  act  would  have been enacted even if such
    13  invalid provisions had not been included herein.
    14    § 3. This act shall take effect immediately  provided,  however,  that
    15  the  applicable effective date of Parts A through T of this act shall be
    16  as specifically set forth in the last section of such Parts.
Go to top