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S06407 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6407--C                                            A. 9007--C
 
                SENATE - ASSEMBLY
 
                                    January 14, 2016
                                       ___________
 
        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 -- 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 -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN ACT intentionally omitted (Part A); to amend the social services law,
          in  relation  to facilitating supplemental rebates for fee-for-service
          pharmaceuticals, and ambulance medical  transportation  rate  adequacy
          review;  to  amend the social services law, in relation to authorizing
          the commissioner of health to  apply  federally  established  consumer
          price  index  penalties for generic drugs, and authorizing the commis-
          sioner of health to impose penalties on managed care plans for report-
          ing late or incorrect encounter data; relating to cost-sharing  limits
          on Medicare part C; 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  reporting  requirements  for the Medicaid global cap; to
          amend the public health law and the social services law,  in  relation
          to  the  provision of services to certain persons suffering from trau-
          matic brain injuries or qualifying  for  nursing  home  diversion  and
          transition  services;  to  amend the public health law, in relation to
          rates of payment for certain managed long term care  plans;  to  amend
          the social services law, in relation to medical assistance for certain
          inmates  and  authorizing  funding  for criminal justice pilot program
          within health home rates; to amend part H of chapter 59 of the laws of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12671-05-6

        S. 6407--C                          2                         A. 9007--C
 
          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 expiration of certain provisions relating
          to rates of payment to residential health care facilities based on the
          historical  costs  to  the  owner, and certain payments to the Citadel
          Rehab and Nursing Center at Kingsbridge; to amend  the  public  health
          law,  in  relation  to  case  payment  rates  for pediatric ventilator
          services; directs the commissioner of health to implement  a  restora-
          tive  care  unit  demonstration  program;  directs  the  civil service
          department to create a title for a medicaid redesign team analyst as a
          competitive class position; to amend the social services law and  part
          C  of  chapter  60 of the laws of 2014 authorizing the commissioner of
          health to negotiate an extension of the terms of the contract executed
          by the department of health for actuarial and consulting services,  in
          relation  to  the  extension  of certain contracts; to amend part A of
          chapter 56 of the laws of 2013 amending chapter 59 of the laws of 2011
          amending the public health law and  other  laws  relating  to  general
          hospital  reimbursement  for annual rates relating to the cap on local
          Medicaid expenditures; to amend chapter 111 of the laws of 2010 relat-
          ing to increasing Medicaid payments to providers through managed  care
          organizations  and  providing  equivalent  fees  through an ambulatory
          patient group methodology, in relation to rate protections for certain
          behavioral health providers; and providing for the repeal  of  certain
          provisions  upon  expiration thereof (Part B); to amend chapter 266 of
          the laws of 1986, amending the civil practice law and rules and  other
          laws  relating  to  malpractice  and  professional medical conduct, in
          relation to apportioning premium for certain policies;  and  to  amend
          part  J  of chapter 63 of the laws of 2001 amending chapter 266 of the
          laws of 1986, amending the civil practice law and rules and other laws
          relating to malpractice and professional medical conduct, in  relation
          to extending certain provisions concerning the hospital excess liabil-
          ity  pool (Part C); to amend chapter 474 of the laws of 1996, amending
          the education law and other laws relating  to  rates  for  residential
          healthcare  facilities,  in relation to extending the authority of the
          department of health to make disproportionate share payments to public
          hospitals outside of New York City; to amend chapter 649 of  the  laws
          of  1996,  amending  the public health law, the mental hygiene law and
          the social services law relating to authorizing the  establishment  of
          special  needs  plans,  in  relation  to the effectiveness thereof; to
          amend chapter 58 of the laws of 2009, amending the public  health  law
          relating  to  payment  by  governmental  agencies for general hospital
          inpatient services, relating to the effectiveness  thereof;  to  amend
          the public health law, in relation to temporary operator notification;
          to  amend  chapter  56 of the laws of 2013, amending the public health
          law relating to the general public health work  program,  relating  to
          the  effectiveness  thereof;  to  amend the environmental conservation
          law, in relation to cancer incidence and environmental  facility  maps
          project;  to  amend  the  public  health  law,  in  relation to cancer
          mapping; to amend chapter 77 of the laws of 2010, amending  the  envi-
          ronmental  conservation  law  and the public health law relating to an
          environmental facility and  cancer  incidence  map,  relating  to  the
          effectiveness  thereof; to amend chapter 60 of the laws of 2014 amend-
          ing  the  social  services  law  relating  to  eliminating  prescriber
          prevails for brand name drugs with generic equivalents, in relation to
          the  effectiveness  thereof; and to repeal subdivision 8 of section 84
          of part A of chapter 56 of the  laws  of  2013,  amending  the  public

        S. 6407--C                          3                         A. 9007--C
 
          health  law  and other laws relating to general hospital reimbursement
          for annual rates, relating thereto  (Part  D);  intentionally  omitted
          (Part E); relating to grants and loans authorized pursuant to eligible
          health  care  capital programs; and to amend the public health law, in
          relation to the health care facility transformation program (Part  F);
          intentionally  omitted (Part G); to amend part D of chapter 111 of the
          laws of 2010 relating to the recovery of exempt income by  the  office
          of  mental  health for community residences and family-based treatment
          programs, in relation to the effectiveness thereof (Part H); to  amend
          chapter  723  of  the laws of 1989 amending the mental hygiene law and
          other laws relating to comprehensive psychiatric  emergency  programs,
          in  relation  to the effectiveness of certain provisions thereof (Part
          I); to amend chapter 420 of the laws of 2002  amending  the  education
          law  relating to the profession of social work, in relation to extend-
          ing the expiration of certain provisions thereof; to amend chapter 676
          of the laws of 2002 amending the education law relating to  the  prac-
          tice of psychology, in relation to extending the expiration of certain
          provisions;  and to amend chapter 130 of the laws of 2010 amending the
          education law and other laws  relating  to  registration  of  entities
          providing  certain  professional  services  and  licensure  of certain
          professions, in relation to extending certain provisions thereof (Part
          J); intentionally omitted (Part K); to amend the mental  hygiene  law,
          in  relation to the appointment of temporary operators for the contin-
          ued operation of programs and the provision of  services  for  persons
          with  serious  mental illness and/or developmental disabilities and/or
          chemical  dependence;  and  providing  for  the  repeal   of   certain
          provisions  upon  expiration  thereof  (Part  L);  to amend the mental
          hygiene law, in relation to sharing clinical records with managed care
          organizations (Part M); to amend  the  facilities  development  corpo-
          ration  act,  in relation to the definition of mental hygiene facility
          (Part N); relating to reports by the office for people  with  develop-
          mental  disabilities  relating to housing needs; and providing for the
          repeal of such provisions upon expiration thereof (Part O);  to  amend
          the mental hygiene law, in relation to services for people with devel-
          opmental  disabilities  (Part  P); to amend the mental hygiene law, in
          relation to the closure or transfer of a state-operated individualized
          residential  alternative;  and  providing  for  the  repeal  of   such
          provisions  upon  expiration  thereof  (Part  Q);  to amend the public
          health  law  and  the  education  law,  in  relation   to   electronic
          prescriptions;  to  amend  the  public health law, in relation to loan
          forgiveness and practice support for physicians; to amend  the  social
          services  law, in relation to the use of EQUAL program funds for adult
          care facilities; to amend the public health law, in relation to policy
          changes relating to state aid; to  amend  the  public  health  law  in
          relation  to  the relocation of residential health care facility long-
          term ventilator beds; to amend part H of chapter 60  of  the  laws  of
          2014, amending the insurance law, the public health law and the finan-
          cial  services  law  relating  to  establishing protections to prevent
          surprise medical bills including network adequacy requirements,  claim
          submission requirements, access to out-of-network care and prohibition
          of  excessive  emergency  charges,  in relation to the date the report
          shall be submitted; and providing for the repeal of certain provisions
          upon expiration thereof (Part R); and  to  amend  the  elder  law,  in
          relation  to  the supportive service program for classic and neighbor-
          hood naturally occurring retirement communities; and providing for the
          repeal of certain provisions upon expiration thereof (Part S)

        S. 6407--C                          4                         A. 9007--C
 
          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 2016-2017
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as Parts A through S. 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    Section 1. Intentionally omitted.
    16    §  1-a.  Ambulance  medical  transportation  rate adequacy review. The
    17  commissioner shall review the rates of reimbursement  made  through  the
    18  medicaid program for ambulance medical transportation for rate adequacy.
    19  By  December 31, 2016 the commissioner shall report the findings, of the
    20  rate adequacy review to the temporary president of the  senate  and  the
    21  speaker of the assembly.
    22    § 2. Intentionally omitted.
    23    § 3. Intentionally omitted.
    24    § 4. Intentionally omitted.
    25    § 5. Intentionally omitted.
    26    § 6. Intentionally omitted.
    27    § 7. Intentionally omitted.
    28    § 8. Intentionally omitted.
    29    § 9. Intentionally omitted.
    30    § 10. Intentionally omitted.
    31    §  11.    Subdivision 7 of section 367-a of the social services law is
    32  amended by adding a new paragraph (f) to read as follows:
    33    (f) (1) The department may require manufacturers of drugs  other  than
    34  single  source  drugs and innovator multiple source drugs, as such terms
    35  are defined in 42 U.S.C. § 1396r-8(k), to provide rebates to the depart-
    36  ment for any drug that has increased more than three hundred percent  of
    37  its state maximum acquisition cost (SMAC), on or after April 1, 2016, in
    38  comparison  to  its  SMAC at any time during the course of the preceding
    39  twelve months. The required rebate shall be limited  to  the  amount  by
    40  which the current SMAC for the drug exceeds three hundred percent of the
    41  SMAC  for  the  same drug at any time during the course of the preceding
    42  twelve months. Such rebates shall be in addition to any rebates  payable
    43  to  the  department  pursuant to any other provision of federal or state
    44  law. Nothing herein shall affect the department's  obligation  to  reim-
    45  burse  for  covered  outpatient  drugs pursuant to paragraph (d) of this
    46  subdivision.
    47    (2) Except as provided in subparagraph three of  this  paragraph,  the
    48  commissioner  shall  not  determine  any  further  rebates to be payable
    49  pursuant to this paragraph once the Centers for  Medicare  and  Medicaid

        S. 6407--C                          5                         A. 9007--C
 
     1  Services  has  adopted a final methodology for determining the amount of
     2  additional rebates under the federal generic drug price increase  rebate
     3  program  pursuant  to  42 U.S.C. § 1396r-8 (c)(3), as amended by section
     4  602 of the Bipartisan Budget Act of 2015.
     5    (3)  During  state  fiscal year 2016-2017, if the Centers for Medicare
     6  and Medicaid Services has adopted a final  methodology  for  determining
     7  the  amount  of  additional rebates under the federal generic drug price
     8  increase rebate program pursuant to  42  U.S.C.  §  1396r-8  (c)(3),  as
     9  amended by section 602 of the Bipartisan Budget Act of 2015, the depart-
    10  ment  may  collect for a given drug the portion of the rebate determined
    11  under this paragraph that is in excess of the rebate  required  by  such
    12  federal rebate program.
    13    (4) The additional rebates authorized pursuant to this paragraph shall
    14  apply  to  generic  prescription drugs dispensed to enrollees of managed
    15  care providers pursuant to section three hundred  sixty-four-j  of  this
    16  title and to generic prescription drugs dispensed to Medicaid recipients
    17  who are not enrollees of such providers.
    18    (5)  Beginning in two thousand seventeen, the department shall provide
    19  an annual report to the legislature no later than February first setting
    20  forth:
    21    (i) The number of drugs that exceeded the ceiling price established in
    22  this paragraph during the preceding year in comparison to the number  of
    23  drugs  that  experienced at least a three hundred percent price increase
    24  during two thousand fourteen and two thousand fifteen;
    25    (ii) The average percent amount above the ceiling price of drugs  that
    26  exceeded  the  ceiling  price in the preceding year in comparison to the
    27  number of drugs that  experienced  a  price  increase  more  than  three
    28  hundred percent during two thousand fourteen and two thousand fifteen;
    29    (iii)  The  number of generic drugs available to enrollees in Medicaid
    30  fee for service or Medicaid managed care,  by  fiscal  quarter,  in  the
    31  preceding  year in comparison to the drugs available, by fiscal quarter,
    32  during two thousand fourteen and two thousand fifteen; and
    33    (iv) The total drug spend on generic drugs for the preceding  year  in
    34  comparison  to the total drug spend on generic drugs during two thousand
    35  fourteen and two thousand fifteen.
    36    § 12. The opening paragraph of  paragraph  (e)  of  subdivision  7  of
    37  section  367-a of the social services law, as added by section 1 of part
    38  B of chapter 57 of the laws of 2015, is amended to read as follows:
    39    During the period from April first, two thousand fifteen through March
    40  thirty-first, two thousand seventeen, the commissioner may, in lieu of a
    41  managed care provider, negotiate directly and enter  into  an  agreement
    42  with  a  pharmaceutical  manufacturer  for the provision of supplemental
    43  rebates relating to pharmaceutical utilization by enrollees  of  managed
    44  care  providers  pursuant  to section three hundred sixty-four-j of this
    45  title and may also negotiate directly and enter into such  an  agreement
    46  relating  to pharmaceutical utilization by medical assistance recipients
    47  not so enrolled. Such rebates shall be limited to  drug  utilization  in
    48  the  following  classes:  antiretrovirals  approved  by  the FDA for the
    49  treatment of HIV/AIDS and hepatitis C agents for  which  the  pharmaceu-
    50  tical  manufacturer  has  in  effect a rebate agreement with the federal
    51  secretary of health and human services pursuant to 42 U.S.C. §  1396r-8,
    52  and  for  which the state has established standard clinical criteria. No
    53  agreement entered into pursuant to this paragraph shall have an  initial
    54  term or be extended beyond March thirty-first, two thousand twenty.

        S. 6407--C                          6                         A. 9007--C
 
     1    §  13.  Subparagraph (iv) of paragraph (e) of subdivision 7 of section
     2  367-a of the social services law, as added by section 1  of  part  B  of
     3  chapter 57 of the laws of 2015, is amended to read as follows:
     4    (iv) Nothing in this paragraph shall be construed to require a pharma-
     5  ceutical manufacturer to enter into a supplemental rebate agreement with
     6  the  commissioner relating to pharmaceutical utilization by enrollees of
     7  managed care providers pursuant to section three hundred sixty-four-j of
     8  this title or relating to pharmaceutical utilization by medical  assist-
     9  ance recipients not so enrolled.
    10    §  14. Section 364-j of the social services law is amended by adding a
    11  new subdivision 26-a to read as follows:
    12    26-a. Managed care providers  shall  require  prior  authorization  of
    13  prescriptions  of opioid analgesics in excess of four prescriptions in a
    14  thirty-day period, provided, however, that this  subdivision  shall  not
    15  apply  if the patient is a recipient of hospice care, has a diagnosis of
    16  cancer or sickle cell disease, or any other condition or  diagnosis  for
    17  which  the  commissioner of health determines prior authorization is not
    18  required.
    19    § 15. Section 364-j of the social services law is amended by adding  a
    20  new subdivision 32 to read as follows:
    21    32.  (a)  The commissioner may, in his or her discretion, apply penal-
    22  ties to managed care organizations subject to this section  and  article
    23  forty-four  of  the  public health law, including managed long term care
    24  plans, for untimely or inaccurate submission of encounter data; provided
    25  however, no penalty shall be assessed if the managed  care  organization
    26  submits, in good faith, timely and accurate data that is not successful-
    27  ly  received by the department as a result of department system failures
    28  or technical issues that are beyond the  control  of  the  managed  care
    29  organization.
    30    (b) The commissioner shall consider the following prior to assessing a
    31  penalty  against  a managed care organization and have the discretion to
    32  reduce or eliminate a penalty:
    33    (i) the degree to which the  data  submitted  is  inaccurate  and  the
    34  frequency  of  inaccurate data submissions by the managed care organiza-
    35  tion;
    36    (ii) the degree to which  the  data  submitted  is  untimely  and  the
    37  frequency of untimely data submissions by the managed care organization;
    38    (iii)  the  timeliness  of  the managed care organization in curing or
    39  correcting inaccurate or untimely data;
    40    (iv) whether the untimely or inaccurate  data  was  submitted  by  the
    41  managed care organization or a third party;
    42    (v)  whether the managed care organization has taken corrective action
    43  to  reduce  the  likelihood  of  future  inaccurate  or  untimely   data
    44  submissions; and
    45    (vi)  whether  the  managed  care organization was or should have been
    46  aware of inaccurate or untimely data.
    47    For purposes of this section, "encounter data" shall mean  the  trans-
    48  actions  required  to  be reported under the model contract. Any penalty
    49  assessed under this subdivision shall be calculated as a  percentage  of
    50  the  administrative  component of the Medicaid premium calculated by the
    51  department.
    52    (c) Such penalties shall be as follows:
    53    (i) for encounter data submitted or resubmitted past the deadlines set
    54  forth in the model contract, Medicaid premiums shall be reduced  by  one
    55  and one-half percent; and

        S. 6407--C                          7                         A. 9007--C
 
     1    (ii) for incomplete or inaccurate encounter data that fails to conform
     2  to  department developed benchmarks for completeness and accuracy, Medi-
     3  caid premiums shall be reduced by one-half percent; and
     4    (iii) for submitted data that results in a rejection rate in excess of
     5  ten percent of department developed volume benchmarks, Medicaid premiums
     6  shall be reduced by one-half percent.
     7    (d)  Penalties  under  this  subdivision may be applied to any and all
     8  circumstances described in paragraph (b) of this subdivision  until  the
     9  managed  care organization complies with the requirements for submission
    10  of encounter data. No  penalties  for  late,  incomplete  or  inaccurate
    11  encounter  data  shall be assessed against managed care organizations in
    12  addition to those provided for in this subdivision.
    13    § 16. Paragraph (d) of subdivision 1 of section 367-a  of  the  social
    14  services  law  is  amended  by adding a new subparagraph (iv) to read as
    15  follows:
    16    (iv) If a health plan participating in part C of title  XVIII  of  the
    17  federal  social  security  act  pays  for items and services provided to
    18  eligible persons who are also beneficiaries under part B of title  XVIII
    19  of  the  federal  social security act or to qualified medicare benefici-
    20  aries, the amount payable for services under this title shall be  eight-
    21  y-five  percent  of  the  amount  of  any co-insurance liability of such
    22  eligible persons pursuant to federal law if they were not  eligible  for
    23  medical  assistance  or  were  not qualified medicare beneficiaries with
    24  respect to such benefits under such part B; provided,  however,  amounts
    25  payable  under  this  title  for items and services provided to eligible
    26  persons who are also beneficiaries under part B or to qualified medicare
    27  beneficiaries by an ambulance service under the authority of an  operat-
    28  ing  certificate  issued pursuant to article thirty of the public health
    29  law, or a psychologist licensed under article one hundred fifty-three of
    30  the education law, shall not be less than the amount of any co-insurance
    31  liability of such eligible persons or such qualified medicare  benefici-
    32  aries,  or  for  which  such eligible persons or such qualified medicare
    33  beneficiaries would be liable under federal law were they  not  eligible
    34  for medical assistance or were they not qualified medicare beneficiaries
    35  with respect to such benefits under part B.
    36    §  17. Subdivision 2-b of section 365-l of the social services law, as
    37  added by section 25 of part B of chapter 57 of  the  laws  of  2015,  is
    38  amended to read as follows:
    39    2-b.    The  commissioner  is  authorized  to  make  [grants] lump sum
    40  payments or adjust rates of payment to providers up to a gross amount of
    41  five million dollars, to establish coordination between the health homes
    42  and the criminal justice system and for the integration  of  information
    43  of  health  homes  with  state and local correctional facilities, to the
    44  extent permitted by law.  Such rate adjustments may be  made  to  health
    45  homes participating in a criminal justice pilot program with the purpose
    46  of  enrolling  incarcerated individuals with serious mental illness, two
    47  or more chronic conditions,  including  substance  abuse  disorders,  or
    48  HIV/AIDS, into such health home. Health homes receiving funds under this
    49  subdivision  shall be required to document and demonstrate the effective
    50  use of funds distributed herein.
    51    § 18. Subdivision 1 of section 92 of part H of chapter 59 of the  laws
    52  of 2011, amending the public health law and other laws relating to known
    53  and  projected department of health state fund medicaid expenditures, as
    54  amended by section 8 of part B of chapter 57 of the  laws  of  2015,  is
    55  amended to read as follows:

        S. 6407--C                          8                         A. 9007--C
 
     1    1.  For  state  fiscal  years  2011-12  through [2016-17] 2017-18, the
     2  director of the budget, in consultation with the commissioner of  health
     3  referenced  as "commissioner" for purposes of this section, shall assess
     4  on a monthly basis, as reflected in monthly reports pursuant to subdivi-
     5  sion five of this section known and projected department of health state
     6  funds  medicaid  expenditures  by  category of service and by geographic
     7  regions, as defined by the commissioner, and  if  the  director  of  the
     8  budget  determines that such expenditures are expected to cause medicaid
     9  disbursements for such period to  exceed  the  projected  department  of
    10  health  medicaid  state funds disbursements in the enacted budget finan-
    11  cial plan pursuant to subdivision 3 of section 23 of the  state  finance
    12  law,  the  commissioner  of health, in consultation with the director of
    13  the budget, shall develop a medicaid savings allocation  plan  to  limit
    14  such  spending  to  the  aggregate  limit level specified in the enacted
    15  budget financial  plan,  provided,  however,  such  projections  may  be
    16  adjusted by the director of the budget to account for any changes in the
    17  New  York state federal medical assistance percentage amount established
    18  pursuant to the federal social security act, changes in provider  reven-
    19  ues,  reductions  to  local  social services district medical assistance
    20  administration, and beginning April 1, 2012 the operational costs of the
    21  New York state medical indemnity fund and state costs  or  savings  from
    22  the basic health plan.  Such projections may be adjusted by the director
    23  of the budget to account for increased or expedited department of health
    24  state funds medicaid expenditures as a result of a natural or other type
    25  of disaster, including a governmental declaration of emergency.
    26    §  19. Subdivision 5 of section 92 of part H of chapter 59 of the laws
    27  of 2011 amending the public health law and other laws relating to  known
    28  and  projected department of health state fund medicaid expenditures, is
    29  amended by adding a new paragraph (g) to read as follows:
    30    (g) any material impact to the global  cap  annual  projection,  along
    31  with  an  explanation of the variance from the projection at the time of
    32  the enacted budget. Such material impacts  shall  include,  but  not  be
    33  limited  to,  policy and programmatic changes, significant transactions,
    34  and any actions taken, administrative or otherwise,  which  would  mate-
    35  rially  impact expenditures under the global cap. Reporting requirements
    36  under this paragraph shall include material impacts from  the  preceding
    37  month  and  any  anticipated material impacts for the month in which the
    38  report required under this subdivision is issued, as well as anticipated
    39  material impacts for the month subsequent to such report.
    40    § 20. Clauses 2 and 3 of subparagraph (v) of paragraph (b) of subdivi-
    41  sion 7 of section 4403-f of the public health law, as amended by section
    42  48 of part A of chapter 56 of the laws of 2013, are amended and four new
    43  subparagraphs (v-a), (v-b), (v-c),  and  (v-d)  are  added  to  read  as
    44  follows:
    45    (2)  a  participant  in the traumatic brain injury waiver program or a
    46  person whose circumstances would qualify him or her for the  program  as
    47  it existed on January first, two thousand fifteen;
    48    (3)  a participant in the nursing home transition and diversion waiver
    49  program or a person whose circumstances would qualify him or her for the
    50  program as it existed on January first, two thousand fifteen;
    51    (v-a) For purposes of clause two of subparagraph  (v)  of  this  para-
    52  graph,  program  features  shall  be  substantially  comparable to those
    53  services available to traumatic brain injury waiver participants  as  of
    54  January  first,  two  thousand  fifteen,  subject  to  federal financial
    55  participation.

        S. 6407--C                          9                         A. 9007--C
 
     1    (v-b) For purposes of clause three of subparagraph (v) of  this  para-
     2  graph,  program  features  shall  be  substantially  comparable to those
     3  services offered to nursing home transition and diversion waiver partic-
     4  ipants as of January first, two thousand  fifteen,  subject  to  federal
     5  financial participation.
     6    (v-c)  Any managed care program providing services under clause two or
     7  three of subparagraph (v) of  this  paragraph  shall  have  an  adequate
     8  network  of trained providers to meet the needs of enrollees and provide
     9  services under this subdivision.
    10    (v-d)  Any  individual  providing  service  coordination  pursuant  to
    11  subparagraph  (v-a) or (v-b) of this paragraph shall exercise his or her
    12  professional duties in the interests of the  patient.  Nothing  in  this
    13  subparagraph  shall  be construed as diminishing the authority and obli-
    14  gations of a managed long term care plan under this article and  article
    15  forty-nine of this chapter.
    16    §  20-a.  Subdivision 3 of section 364-j of the social services law is
    17  amended by adding a new paragraph (d-2) to read as follows:
    18    (d-2) Services provided  pursuant  to  waivers,  granted  pursuant  to
    19  subsection  (c)  of  section 1915 of the federal social security act, to
    20  persons suffering from traumatic brain injuries or qualifying for  nurs-
    21  ing  home  diversion  and  transition services, shall not be provided to
    22  medical assistance recipients through managed  care  programs  until  at
    23  least January first, two thousand eighteen.
    24    §  21.  Subdivision  8  of section 4403-f of the public health law, as
    25  amended by section 40-a of part B of chapter 57 of the laws of 2015,  is
    26  amended to read as follows:
    27    8.  Payment  rates  for managed long term care plan enrollees eligible
    28  for medical assistance. The commissioner shall establish  payment  rates
    29  for  services  provided  to  enrollees  eligible  under title XIX of the
    30  federal social security act. Such payment  rates  shall  be  subject  to
    31  approval by the director of the division of the budget and shall reflect
    32  savings to both state and local governments when compared to costs which
    33  would  be incurred by such program if enrollees were to receive compara-
    34  ble health and long term care services on a fee-for-service basis in the
    35  geographic region in which such services are proposed  to  be  provided.
    36  Payment rates shall be risk-adjusted to take into account the character-
    37  istics  of  enrollees, or proposed enrollees, including, but not limited
    38  to:   frailty, disability level,  health  and  functional  status,  age,
    39  gender,  the  nature  of  services provided to such enrollees, and other
    40  factors as determined by the commissioner. The  risk  adjusted  premiums
    41  may  also  be  combined  with  disincentives or requirements designed to
    42  mitigate any incentives to obtain higher payment categories.  In setting
    43  such payment rates, the commissioner shall consider costs borne  by  the
    44  managed  care  program to ensure actuarially sound and adequate rates of
    45  payment to ensure quality of care shall comply with all applicable  laws
    46  and regulations, state and federal, including regulations as to actuari-
    47  al soundness for medicaid managed care.
    48    §  21-a. Subdivision 1-a of section 366 of the social services law, as
    49  added by chapter 355 of the laws of 2007, is amended to read as follows:
    50    1-a. Notwithstanding any other provision of law, in the event  that  a
    51  person  who  is  an inmate of a state or local correctional facility, as
    52  defined in section two of the correction law, was in receipt of  medical
    53  assistance pursuant to this title immediately prior to being admitted to
    54  such  facility, such person shall remain eligible for medical assistance
    55  while an inmate, except that no medical assistance  shall  be  furnished
    56  pursuant  to  this  title  for  any care, services, or supplies provided

        S. 6407--C                         10                         A. 9007--C
 
     1  during such time as the person is an  inmate;  provided,  however,  that
     2  nothing  herein  shall  be deemed as preventing the provision of medical
     3  assistance for inpatient hospital services furnished to an inmate  at  a
     4  hospital outside of the premises of such correctional facility or pursu-
     5  ant  to  other  federal  authority  authorizing the provision of medical
     6  assistance to an inmate of a state or local correctional facility during
     7  the thirty days prior to release, to the extent that  federal  financial
     8  participation  is available for the costs of such services. Upon release
     9  from such facility, such  person  shall  continue  to  be  eligible  for
    10  receipt  of  medical  assistance  furnished pursuant to this title until
    11  such time as the person is determined  to  no  longer  be  eligible  for
    12  receipt  of such assistance. To the extent permitted by federal law, the
    13  time during which such person is an inmate shall not be included in  any
    14  calculation of when the person must recertify his or her eligibility for
    15  medical  assistance  in accordance with this article. The state may seek
    16  federal  authority  to  provide  medical  assistance  for   transitional
    17  services  including  but  not limited to medical, prescription, and care
    18  coordination services for high needs inmates in state and local  correc-
    19  tional facilities during the thirty days prior to release.
    20    §  22.  Notwithstanding any provision of law to the contrary, for rate
    21  periods from April 1, 2016 through March 31, 2046, The Citadel Rehab and
    22  Nursing Center at Kingsbridge, located at 3400 Cannon Place, Bronx,  New
    23  York 10463, shall receive one million dollars, annually, for the purpose
    24  of  reimbursing expenses related to a facility purchased and transferred
    25  immediately following the operation of such facility under a  court-ord-
    26  ered  receivership.  Such  reimbursement  shall  be  state only Medicaid
    27  payments and subject to  cash  receipts  assessment,  equity  withdrawal
    28  limitations  and  any  other  provisions  of  section 2808 of the public
    29  health law that does  not  implicate  capital  reimbursement,  and  such
    30  reimbursement  shall  be  in  addition  to real property costs otherwise
    31  reimbursable pursuant to section 2808 of the public health law.
    32    § 23. Subparagraph (i) of paragraph (e-2) of subdivision 4 of  section
    33  2807-c  of  the  public  health law, as added by section 13 of part C of
    34  chapter 58 of the laws of 2009, is amended to read as follows:
    35    (i) For physical medical  rehabilitation  services  and  for  chemical
    36  dependency rehabilitation services, the operating cost component of such
    37  rates  shall  reflect  the  use of two thousand five operating costs for
    38  each respective category of services as reported by each facility to the
    39  department prior to July first, two thousand nine and  as  adjusted  for
    40  inflation  pursuant to paragraph (c) of subdivision ten of this section,
    41  as otherwise modified by any applicable statute, provided, however, that
    42  such two thousand five  reported  operating  costs,  but  not  including
    43  reported   direct   medical  education  cost,  shall,  for  rate-setting
    44  purposes, be held to a ceiling of one hundred ten percent of the average
    45  of such reported costs in the region in which the facility  is  located,
    46  as  determined  pursuant  to  clause (E) of subparagraph [(iii)] (iv) of
    47  paragraph (1) of this subdivision; and provided, further, that for phys-
    48  ical medical rehabilitation services, the commissioner is authorized  to
    49  make adjustments to such rates for the purposes of reimbursing pediatric
    50  ventilator services.
    51    § 24. Restorative care unit demonstration program. 1.  Notwithstanding
    52  any law, rule or regulation to the contrary, the commissioner of health,
    53  within  amounts  appropriated,  shall  implement a restorative care unit
    54  demonstration program within one year of  the  effective  date  of  this
    55  section  to reduce hospital admissions and readmissions from residential
    56  health care facilities established pursuant to article 28 of the  public

        S. 6407--C                         11                         A. 9007--C
 
     1  health  law,  through  the establishment of restorative care units. Such
     2  units shall provide higher-intensity treatment  services  for  residents
     3  who  are  at  risk of hospitalization upon an acute change in condition,
     4  and  seek  to improve the capacity of nursing facilities to identify and
     5  treat higher acuity patients with multiple co-morbidities as effectively
     6  as possible in-situ, rather than through  admission  to  an  acute  care
     7  facility. The unit shall utilize evidence based tools, as well as: (a) a
     8  critical indicator monitoring system to evaluate performance indicators;
     9  (b)  patient-focused  education  to  support  advanced care planning and
    10  palliative care decisions; and (c) protocols to effect  care  monitoring
    11  practices  designed to reduce the likelihood of change in patient status
    12  conditions that may require acute care evaluation.  A residential health
    13  care facility, established pursuant to article 28 of the  public  health
    14  law,  wishing  to establish restorative care units must contract with an
    15  eligible applicant.
    16    2. For the purposes of this section, an eligible applicant must  at  a
    17  minimum  meet  the following criteria: (a) be a New York state entity in
    18  good standing; and (b) have  demonstrated  experience  and  capacity  in
    19  developing  and  implementing  a  similar  unit  as described herein. An
    20  eligible applicant for this demonstration program shall contract with  a
    21  residential  health care facility, established pursuant to article 28 of
    22  the public health law, with a license in good standing that: (i) employs
    23  a nursing home administrator with at least two years operational experi-
    24  ence; (ii) has a minimum of 160 certified beds; (iii) accepts reimburse-
    25  ment pursuant to title XVIII and title XIX of the federal social securi-
    26  ty act; (iv) has achieved at least a three  star  overall  nursing  home
    27  compare  rating from the Center for Medicare and Medicaid Services five-
    28  star quality rating  system;  and  (v)  operates  a  discreet  dedicated
    29  restorative  care  unit  with  a  minimum  of 18 beds. Additionally, the
    30  contracting facility must have at the time of application, and  maintain
    31  during  the  course  of  the demonstration, functional wireless internet
    32  connectivity throughout the facility, including backup, with  sufficient
    33  bandwidth to support technological monitoring.
    34    3.  Restorative care units; requirements. Restorative care units shall
    35  provide on-site healthcare services, including, but not limited to:  (a)
    36  radiology;  (b)  peripherally  inserted  central catheter insertion; (c)
    37  blood sugar, hemoglobin/hematocrit, electrolytes and blood  gases  moni-
    38  toring;  (d)  12-lead  transmissible electrocardiograms; (e) specialized
    39  cardiac services, including rapid response teams, crash carts, and defi-
    40  brillators; (f) telemedicine and telemetry which shall have the capabil-
    41  ity to notify the user, in real time, when an urgent or emergent physio-
    42  logical  change  has  occurred  in  a  patient's   condition   requiring
    43  intervention,  and  to  generate  reports  that  can  be accessed by any
    44  provider, in real time, in any location to allow for immediate  clinical
    45  intervention.
    46    4.  Electronic  health records. For the duration of the demonstration,
    47  the restorative care unit  shall  utilize  and  maintain  an  electronic
    48  health record system that connects to the local regional health informa-
    49  tion organization to facilitate the exchange of health information.
    50    5.  The  department of health shall monitor the quality and effective-
    51  ness of the demonstration program in reducing  hospital  admissions  and
    52  readmissions  over  a three year period and shall report to the legisla-
    53  ture, within one year of implementation, on the demonstration  program's
    54  effectiveness  in  providing  a  higher level of care at lower cost, and
    55  include recommendations regarding the  utilization  of  the  restorative
    56  care unit model in the state.

        S. 6407--C                         12                         A. 9007--C

     1    §  25.  Within  one hundred twenty (120) days of the effective date of
     2  this section, the department of civil service, in consultation with  the
     3  department of health, shall create a new title or titles and a new title
     4  series, for a Medicaid Redesign Team Analyst, as a permanent competitive
     5  class. The Medicaid Redesign Team Analyst series will be responsible for
     6  programmatic duties related to health insurance program initiatives such
     7  as implementation of new program initiative tasks, compliance monitoring
     8  and  providing  technical  assistance  to state agencies and health care
     9  providers.
    10    § 26. Notwithstanding any inconsistent provision of sections  112  and
    11  163  of  the  state finance law, or sections 142 and 143 of the economic
    12  development law, or any other contrary provision of law,  excepting  the
    13  responsible vendor requirements of the state finance law, including, but
    14  not  limited  to,  sections  163 and 139-k of the state finance law, the
    15  commissioner of health is authorized to amend or  otherwise  extend  the
    16  terms of a contract awarded prior to the effective date and entered into
    17  pursuant  to  subdivision 24 of section 206 of the public health law, as
    18  added by section 39 of part C of chapter 58 of the laws of 2008,  and  a
    19  contract awarded prior to the effective date and entered into to conduct
    20  enrollment broker and conflict-free evaluation services for the Medicaid
    21  program,  both for a period of three years, without a competitive bid or
    22  request for proposal  process,  upon  determination  that  the  existing
    23  contractor  is  qualified  to  continue  to  provide  such services, and
    24  provided that efficiency savings  are  achieved  during  the  period  of
    25  extension;  and  provided,  further, that the department of health shall
    26  submit a request for applications for  such  contract  during  the  time
    27  period  specified in this section and may terminate the contract identi-
    28  fied herein prior to expiration of  the  extension  authorized  by  this
    29  section.
    30    §  27. Section 48 of part C of chapter 60 of the laws of 2014, author-
    31  izing the commissioner of health to negotiate an extension of the  terms
    32  of  the  contract executed by the department of health for actuarial and
    33  consulting services, is amended to read as follows:
    34    § 48. Notwithstanding sections 112 and 163 of the state  finance  law,
    35  excepting  the responsible vendor requirements of the state finance law,
    36  including, but not limited to, sections  163  and  139-k  of  the  state
    37  finance law, or any other contrary provision of law, the commissioner of
    38  health  is  authorized  to  negotiate  an  extension of the terms of the
    39  contract executed by the department of health for actuarial and consult-
    40  ing services, on September  18,  2009,  without  a  competitive  bid  or
    41  request  for  proposal  process; provided, however, such extension shall
    42  not extend beyond December 31, [2016] 2017; provided, however, that  the
    43  department  of  health  shall submit a request for applications for such
    44  contract during the time period specified in this section and may termi-
    45  nate the contract identified herein prior to expiration of the extension
    46  authorized by this section.
    47    § 28. Subdivision 9 of section 365-l of the social  services  law,  as
    48  amended  by  section  35 of part C of chapter 60 of the laws of 2014, is
    49  amended to read as follows:
    50    9. The contract entered into by the commissioner of  health  prior  to
    51  January  first,  two  thousand thirteen pursuant to subdivision eight of
    52  this section may be amended or modified without the need for  a  compet-
    53  itive  bid  or  request  for proposal process, and without regard to the
    54  provisions of sections one hundred twelve and one hundred sixty-three of
    55  the state finance law, section one hundred  forty-two  of  the  economic
    56  development  law, or any other provision of law, excepting the responsi-

        S. 6407--C                         13                         A. 9007--C
 
     1  ble vendor requirements of the state finance  law,  including,  but  not
     2  limited  to,  sections  one  hundred sixty-three and one hundred thirty-
     3  nine-k of the state finance law, to allow  the  purchase  of  additional
     4  personnel  and  services,  subject to available funding, for the limited
     5  purpose of assisting the department  of  health  with  implementing  the
     6  Balancing  Incentive  Program,  the  Fully  Integrated  Duals  Advantage
     7  Program, the Vital Access Provider Program, the Medicaid  waiver  amend-
     8  ment associated with the public hospital transformation, the addition of
     9  behavioral  health services as a managed care plan benefit, the delivery
    10  system reform incentive payment plan, activities to facilitate the tran-
    11  sition of vulnerable populations to managed care and/or  any  workgroups
    12  required  to  be  established by the chapter of the laws of two thousand
    13  thirteen that added this subdivision. The department  is  authorized  to
    14  extend such contract for a period of one year, without a competitive bid
    15  or  request  for  proposal process, upon determination that the existing
    16  contractor is qualified to continue to provide such services;  provided,
    17  however, that the department of health shall submit a request for appli-
    18  cations  for  such  contract  during  the  time period specified in this
    19  subdivision and may terminate the contract identified  herein  prior  to
    20  expiration of the extension authorized by this subdivision.
    21    §  29. Section 48-a of part A of chapter 56 of the laws of 2013 amend-
    22  ing chapter 59 of the laws of 2011 amending the public  health  law  and
    23  other  laws  relating to general hospital reimbursement for annual rates
    24  relating to the cap  on  local  Medicaid  expenditures,  as  amended  by
    25  section  1  of  part  C of chapter 57 of the laws of 2015, is amended to
    26  read as follows:
    27    § 48-a. 1.  Notwithstanding any contrary provision of law, the commis-
    28  sioners of the office of alcoholism and substance abuse services and the
    29  office of mental health are authorized, subject to the approval  of  the
    30  director  of the budget, to transfer to the commissioner of health state
    31  funds to be utilized as the state share for the  purpose  of  increasing
    32  payments  under  the  medicaid  program  to  managed  care organizations
    33  licensed under article 44 of the public health law or under  article  43
    34  of the insurance law. Such managed care organizations shall utilize such
    35  funds  for  the  purpose  of  reimbursing providers licensed pursuant to
    36  article 28 of the public health law or article 31 or 32  of  the  mental
    37  hygiene  law for ambulatory behavioral health services, as determined by
    38  the commissioner of health, in consultation  with  the  commissioner  of
    39  alcoholism  and  substance  abuse  services  and the commissioner of the
    40  office of mental health, provided to medicaid eligible outpatients. Such
    41  reimbursement shall be in the form of fees for such services  which  are
    42  equivalent to the payments established for such services under the ambu-
    43  latory  patient  group (APG) rate-setting methodology as utilized by the
    44  department of health, the  office  of  alcoholism  and  substance  abuse
    45  services,  or  the  office  of  mental health for rate-setting purposes;
    46  provided, however, that the increase to such fees that shall result from
    47  the provisions of this section shall not, in the aggregate and as deter-
    48  mined by the commissioner of health, in consultation  with  the  commis-
    49  sioner  of  alcoholism and substance abuse services and the commissioner
    50  of the office of mental health, be greater than the increased funds made
    51  available pursuant to this section.   The increase  of  such  ambulatory
    52  behavioral  health  fees to providers available under this section shall
    53  be for all rate periods on and after the effective date of section  [13]
    54  1  of part C of chapter [60] 57 of the laws of [2014] 2015 through [June
    55  30, 2017] March 31, 2018 for patients in the city of New York,  for  all
    56  rate periods on and after the effective date of section [13] 1 of part C

        S. 6407--C                         14                         A. 9007--C
 
     1  of  chapter  [60]  57  of  the laws of [2014] 2015 through [December 31,
     2  2017] June 30, 2018 for patients outside the city of New York,  and  for
     3  all rate periods on and after the effective date of such chapter through
     4  [December  31,  2017] June 30, 2018 for all services provided to persons
     5  under the age of twenty-one; provided, however, [that managed]  eligible
     6  providers  may work with managed care plans to achieve quality and effi-
     7  ciency objectives and engage in shared savings. Nothing in this  section
     8  shall  prohibit managed care organizations and providers [may negotiate]
     9  from negotiating different rates and  methods  of  payment  during  such
    10  periods  described  above,  subject to the approval of the department of
    11  health. The department of health shall consult with the office of  alco-
    12  holism  and  substance abuse services and the office of mental health in
    13  determining whether  such  alternative  rates  shall  be  approved.  The
    14  commissioner  of  health  may,  in consultation with the commissioner of
    15  alcoholism and substance abuse services  and  the  commissioner  of  the
    16  office  of  mental  health,  promulgate regulations, including emergency
    17  regulations promulgated prior to October 1, 2015 to establish rates  for
    18  ambulatory behavioral health services, as are necessary to implement the
    19  provisions  of  this section. Rates promulgated under this section shall
    20  be included in the report required under section 45-c of part A of  this
    21  chapter.
    22    2.  Notwithstanding  any  contrary  provision of law, the fees paid by
    23  managed care organizations licensed  under  article  44  of  the  public
    24  health  law  or  under  article  43  of  the insurance law, to providers
    25  licensed pursuant to article 28 of the public health law or  article  31
    26  or  32  of  the  mental  hygiene  law,  for ambulatory behavioral health
    27  services provided to patients enrolled in  the  child  health  insurance
    28  program  pursuant to title one-A of article 25 of the public health law,
    29  shall be in the form of fees for such services which are  equivalent  to
    30  the  payments established for such services under the ambulatory patient
    31  group (APG) rate-setting methodology. The commissioner of  health  shall
    32  consult with the commissioner of alcoholism and substance abuse services
    33  and  the commissioner of the office of mental health in determining such
    34  services and establishing such fees. Such ambulatory  behavioral  health
    35  fees  to  providers  available  under this section shall be for all rate
    36  periods on and after the effective date of this chapter through  [Decem-
    37  ber 31, 2017] June 30, 2018, provided, however, that managed care organ-
    38  izations  and  providers  may  negotiate  different rates and methods of
    39  payment during such periods described above, subject to the approval  of
    40  the  department  of health.  The department of health shall consult with
    41  the office of alcoholism and substance abuse services and the office  of
    42  mental  health  in  determining  whether such alternative rates shall be
    43  approved.  The report required under section 16-a of part C  of  chapter
    44  60  of  the  laws  of 2014 shall also include the population of patients
    45  enrolled in the child health insurance program pursuant to  title  one-A
    46  of article 25 of the public health law in its examination on the transi-
    47  tion of behavioral health services into managed care.
    48    §  30. Section 1 of part H of chapter 111 of the laws of 2010 relating
    49  to increasing Medicaid payments to providers through managed care organ-
    50  izations and providing equivalent fees  through  an  ambulatory  patient
    51  group  methodology,  as  amended by section 2 of part C of chapter 57 of
    52  the laws of 2015, is amended to read as follows:
    53    Section 1. a.   Notwithstanding any contrary  provision  of  law,  the
    54  commissioners  of  mental  health  and  alcoholism  and  substance abuse
    55  services are authorized, subject to the approval of the director of  the
    56  budget,  to  transfer  to  the  commissioner of health state funds to be

        S. 6407--C                         15                         A. 9007--C
 
     1  utilized as the state share for the purpose of increasing payments under
     2  the medicaid program to managed care organizations licensed under  arti-
     3  cle  44  of  the  public health law or under article 43 of the insurance
     4  law.  Such  managed  care organizations shall utilize such funds for the
     5  purpose of reimbursing providers licensed pursuant to article 28 of  the
     6  public health law, or pursuant to article 31 or article 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  mental  health  and  commissioner  of  alcoholism  and  substance  abuse
    10  services, provided to medicaid eligible outpatients. Such  reimbursement
    11  shall  be  in the form of fees for such services which are equivalent to
    12  the payments established for such services under the ambulatory  patient
    13  group  (APG)  rate-setting  methodology as utilized by the department of
    14  health or by the office of mental health or  office  of  alcoholism  and
    15  substance  abuse  services for rate-setting purposes; provided, however,
    16  that the increase to such fees that shall result from the provisions  of
    17  this  section  shall  not,  in  the  aggregate  and as determined by the
    18  commissioner of health in consultation with the commissioners of  mental
    19  health  and alcoholism and substance abuse services, be greater than the
    20  increased funds made available pursuant to this section. The increase of
    21  such behavioral health fees to providers available  under  this  section
    22  shall be for all rate periods on and after the effective date of section
    23  [15]  2  of part C of chapter [60] 57 of the laws of [2014] 2015 through
    24  [June 30, 2017] March 31, 2018 for patients in the city of New York, for
    25  all rate periods on and after the effective date of section  [15]  2  of
    26  part  C  of chapter [60] 57 of the laws of [2014] 2015 through [December
    27  31, 2017] June 30, 2018 for patients outside the city of New  York,  and
    28  for  all  rate periods on and after the effective date of section [15] 2
    29  of part C of chapter [60] 57 of the laws of [2014] 2015 through  [Decem-
    30  ber  31,  2017] June 30, 2018 for all services provided to persons under
    31  the age  of  twenty-one;  provided,  however,  [that  managed]  eligible
    32  providers  may work with managed care plans to achieve quality and effi-
    33  ciency objectives and engage in shared savings. Nothing in this  section
    34  shall  prohibit managed care organizations and providers [may negotiate]
    35  from negotiating different rates and  methods  of  payment  during  such
    36  periods  described, subject to the approval of the department of health.
    37  The department of health shall consult with the office of alcoholism and
    38  substance abuse services and the office of mental health in  determining
    39  whether  such  alternative  rates shall be approved. The commissioner of
    40  health may, in consultation with the commissioners of mental health  and
    41  alcoholism and substance abuse services, promulgate regulations, includ-
    42  ing  emergency  regulations  promulgated  prior  to October 1, 2013 that
    43  establish rates for behavioral health  services,  as  are  necessary  to
    44  implement  the  provisions of this section. Rates promulgated under this
    45  section shall be included in the report required under section  45-c  of
    46  part A of chapter 56 of the laws of 2013.
    47    b.  Notwithstanding  any  contrary  provision of law, the fees paid by
    48  managed care organizations licensed  under  article  44  of  the  public
    49  health  law  or  under  article  43  of  the insurance law, to providers
    50  licensed pursuant to article 28 of the public health law or  article  31
    51  or  32  of  the  mental  hygiene  law,  for ambulatory behavioral health
    52  services provided to patients enrolled in  the  child  health  insurance
    53  program  pursuant to title one-A of article 25 of the public health law,
    54  shall be in the form of fees for such services which are  equivalent  to
    55  the  payments established for such services under the ambulatory patient
    56  group (APG) rate-setting methodology. The commissioner of  health  shall

        S. 6407--C                         16                         A. 9007--C
 
     1  consult with the commissioner of alcoholism and substance abuse services
     2  and  the commissioner of the office of mental health in determining such
     3  services and establishing such fees. Such ambulatory  behavioral  health
     4  fees  to  providers  available  under this section shall be for all rate
     5  periods on and after the effective date of this chapter through  [Decem-
     6  ber 31, 2017] June 30, 2018, provided, however, that managed care organ-
     7  izations  and  providers  may  negotiate  different rates and methods of
     8  payment during such periods described above, subject to the approval  of
     9  the  department  of  health. The department of health shall consult with
    10  the office of alcoholism and substance abuse services and the office  of
    11  mental  health  in  determining  whether such alternative rates shall be
    12  approved.  The report required under section 16-a of part C  of  chapter
    13  60  of  the  laws  of 2014 shall also include the population of patients
    14  enrolled in the child health insurance program pursuant to  title  one-A
    15  of article 25 of the public health law in its examination on the transi-
    16  tion of behavioral health services into managed care.
    17    §  31.  This  act shall take effect immediately and shall be deemed to
    18  have been in full force and effect on and after April 1, 2016;  provided
    19  that:
    20    (a)  section  eleven  of  this act shall expire and be deemed repealed
    21  March 31, 2018;
    22    (b) the amendments to paragraph (e) of subdivision 7 of section  367-a
    23  of the social services law, made by sections twelve and thirteen of this
    24  act  shall  not  affect the repeal of such paragraph and shall be deemed
    25  repealed therewith;
    26    (c) subdivisions 26-a and 32 of section 364-j of the  social  services
    27  law,  as  added  by  sections  fourteen and fifteen of this act shall be
    28  deemed repealed on the same date and in the same manner as such  section
    29  is repealed;
    30    (d)  the  amendments  to subdivisions 7 and 8 of section 4403-f of the
    31  public health law, made by sections twenty and twenty-one of  this  act,
    32  shall  not affect the expiration of such subdivision  7 or the repeal of
    33  such section, and shall expire or be deemed repealed therewith;
    34    (e) section sixteen of this act shall take effect July 1, 2016;
    35    (f) the amendments to section 364-j of the social services  law,  made
    36  by  section  twenty-a  of  this  act shall not affect the repeal of such
    37  section and shall be deemed repealed therewith; and
    38    (g) the amendments to section 48-a of part A of chapter 56 of the laws
    39  of 2013 made by section twenty-nine of this act and  the  amendments  to
    40  section  1  of part H of chapter 111 of the laws of 2010 made by section
    41  thirty of this act shall not affect the expiration of such sections  and
    42  shall be deemed to expire therewith.
 
    43                                   PART C
 
    44    Section 1. Intentionally omitted.
    45    §  2.  Paragraph  (a) of subdivision 1 of section 18 of chapter 266 of
    46  the laws of 1986, amending the civil practice law and  rules  and  other
    47  laws  relating  to  malpractice  and  professional  medical  conduct, as
    48  amended by section 1 of part Y of chapter 57 of the  laws  of  2015,  is
    49  amended to read as follows:
    50    (a)  The  superintendent of financial services and the commissioner of
    51  health or their designee shall, from funds  available  in  the  hospital
    52  excess liability pool created pursuant to subdivision 5 of this section,
    53  purchase  a policy or policies for excess insurance coverage, as author-
    54  ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance

        S. 6407--C                         17                         A. 9007--C
 
     1  law; or from an insurer, other than an insurer described in section 5502
     2  of the insurance law, duly authorized to write such coverage and actual-
     3  ly  writing  medical  malpractice  insurance  in  this  state;  or shall
     4  purchase equivalent excess coverage in a form previously approved by the
     5  superintendent  of  financial  services for purposes of providing equiv-
     6  alent excess coverage in accordance with section 19 of  chapter  294  of
     7  the  laws of 1985, for medical or dental malpractice occurrences between
     8  July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30,  1988,
     9  between  July  1,  1988 and June 30, 1989, between July 1, 1989 and June
    10  30, 1990, between July 1, 1990 and June 30, 1991, between July  1,  1991
    11  and  June 30, 1992, between July 1, 1992 and June 30, 1993, between July
    12  1, 1993 and June 30, 1994, between July  1,  1994  and  June  30,  1995,
    13  between  July  1,  1995 and June 30, 1996, between July 1, 1996 and June
    14  30, 1997, between July 1, 1997 and June 30, 1998, between July  1,  1998
    15  and  June 30, 1999, between July 1, 1999 and June 30, 2000, between July
    16  1, 2000 and June 30, 2001, between July  1,  2001  and  June  30,  2002,
    17  between  July  1,  2002 and June 30, 2003, between July 1, 2003 and June
    18  30, 2004, between July 1, 2004 and June 30, 2005, between July  1,  2005
    19  and  June 30, 2006, between July 1, 2006 and June 30, 2007, between July
    20  1, 2007 and June 30, 2008, between July  1,  2008  and  June  30,  2009,
    21  between  July  1,  2009 and June 30, 2010, between July 1, 2010 and June
    22  30, 2011, between July 1, 2011 and June 30, 2012, between July  1,  2012
    23  and  June 30, 2013, between July 1, 2013 and June 30, 2014, between July
    24  1, 2014 and June 30, 2015, [and] between July 1, 2015 and June 30, 2016,
    25  and between July 1, 2016 and June 30, 2017  or  reimburse  the  hospital
    26  where  the  hospital  purchases equivalent excess coverage as defined in
    27  subparagraph (i) of paragraph (a) of subdivision 1-a of this section for
    28  medical or dental malpractice occurrences between July 1, 1987 and  June
    29  30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
    30  and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
    31  1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
    32  between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
    33  30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
    34  and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
    35  1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
    36  between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
    37  30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
    38  and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
    39  1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
    40  between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
    41  30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
    42  and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
    43  1,  2012  and  June  30,  2013,  between July 1, 2013 and June 30, 2014,
    44  between July 1, 2014 and June 30, 2015, [and] between July 1,  2015  and
    45  June 30, 2016, and between July 1, 2016 and June 30, 2017 for physicians
    46  or dentists certified as eligible for each such period or periods pursu-
    47  ant  to  subdivision  2  of  this section by a general hospital licensed
    48  pursuant to article 28 of the public health law; provided that no single
    49  insurer shall write more than fifty percent of the total excess  premium
    50  for  a  given  policy  year;  and  provided, however, that such eligible
    51  physicians or dentists must have in force an individual policy, from  an
    52  insurer licensed in this state of primary malpractice insurance coverage
    53  in  amounts  of  no less than one million three hundred thousand dollars
    54  for each claimant and three million nine hundred  thousand  dollars  for
    55  all  claimants under that policy during the period of such excess cover-
    56  age for such occurrences or be endorsed as additional insureds  under  a

        S. 6407--C                         18                         A. 9007--C
 
     1  hospital professional liability policy which is offered through a volun-
     2  tary  attending physician ("channeling") program previously permitted by
     3  the superintendent of financial  services  during  the  period  of  such
     4  excess  coverage  for such occurrences.  During such period, such policy
     5  for excess coverage or  such  equivalent  excess  coverage  shall,  when
     6  combined with the physician's or dentist's primary malpractice insurance
     7  coverage  or  coverage  provided through a voluntary attending physician
     8  ("channeling") program, total an aggregate level of  two  million  three
     9  hundred  thousand dollars for each claimant and six million nine hundred
    10  thousand dollars for all claimants from all such policies  with  respect
    11  to  occurrences  in each of such years provided, however, if the cost of
    12  primary malpractice insurance coverage in excess of one million dollars,
    13  but below the excess medical  malpractice  insurance  coverage  provided
    14  pursuant  to  this act, exceeds the rate of nine percent per annum, then
    15  the required level of primary malpractice insurance coverage  in  excess
    16  of  one  million  dollars for each claimant shall be in an amount of not
    17  less than the dollar amount of such coverage available at  nine  percent
    18  per  annum;  the required level of such coverage for all claimants under
    19  that policy shall be in an amount not less than three times  the  dollar
    20  amount of coverage for each claimant; and excess coverage, when combined
    21  with  such  primary  malpractice  insurance coverage, shall increase the
    22  aggregate level for each claimant  by  one  million  dollars  and  three
    23  million  dollars  for  all  claimants;  and provided further, that, with
    24  respect to policies of primary medical malpractice coverage that include
    25  occurrences between April 1, 2002 and June 30,  2002,  such  requirement
    26  that coverage be in amounts no less than one million three hundred thou-
    27  sand  dollars  for each claimant and three million nine hundred thousand
    28  dollars for all claimants for such occurrences shall be effective  April
    29  1, 2002.
    30    §  3.  Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
    31  amending the civil practice law and rules and  other  laws  relating  to
    32  malpractice and professional medical conduct, as amended by section 2 of
    33  part Y of chapter 57 of the laws of 2015, is amended to read as follows:
    34    (3)(a)  The  superintendent  of financial services shall determine and
    35  certify to each general hospital and to the commissioner of  health  the
    36  cost  of  excess malpractice insurance for medical or dental malpractice
    37  occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
    38  and June 30, 1989, between July 1, 1989 and June 30, 1990, between  July
    39  1,  1990  and  June  30,  1991,  between July 1, 1991 and June 30, 1992,
    40  between July 1, 1992 and June 30, 1993, between July 1,  1993  and  June
    41  30,  1994,  between July 1, 1994 and June 30, 1995, between July 1, 1995
    42  and June 30, 1996, between July 1, 1996 and June 30, 1997, between  July
    43  1,  1997  and  June  30,  1998,  between July 1, 1998 and June 30, 1999,
    44  between July 1, 1999 and June 30, 2000, between July 1,  2000  and  June
    45  30,  2001,  between July 1, 2001 and June 30, 2002, between July 1, 2002
    46  and June 30, 2003, between July 1, 2003 and June 30, 2004, between  July
    47  1,  2004  and  June  30,  2005,  between July 1, 2005 and June 30, 2006,
    48  between July 1, 2006 and June 30, 2007, between July 1,  2007  and  June
    49  30,  2008,  between July 1, 2008 and June 30, 2009, between July 1, 2009
    50  and June 30, 2010, between July 1, 2010 and June 30, 2011, between  July
    51  1,  2011  and June 30, 2012, between July 1, 2012 and June 30, 2013, and
    52  between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June
    53  30, 2015, [and] between July 1, 2015 and June 30, 2016, and between July
    54  1,  2016 and June 30, 2017 allocable to each general hospital for physi-
    55  cians or dentists certified as eligible for purchase  of  a  policy  for
    56  excess  insurance  coverage  by such general hospital in accordance with

        S. 6407--C                         19                         A. 9007--C

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

        S. 6407--C                         20                         A. 9007--C
 
     1  June  30,  2013,  to  the  period July 1, 2013 and June 30, 2014, to the
     2  period July 1, 2014 and June 30, 2015, [and] to the period July 1,  2015
     3  and June 30, 2016, and between July 1, 2016 and June 30, 2017.
     4    § 4. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
     5  18  of  chapter 266 of the laws of 1986, amending the civil practice law
     6  and rules and  other  laws  relating  to  malpractice  and  professional
     7  medical  conduct, as amended by section 3 of part Y of chapter 57 of the
     8  laws of 2015, are amended to read as follows:
     9    (a) To the extent funds available to  the  hospital  excess  liability
    10  pool  pursuant to subdivision 5 of this section as amended, and pursuant
    11  to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
    12  time  to  time  be amended, which amended this subdivision, are insuffi-
    13  cient to meet the costs  of  excess  insurance  coverage  or  equivalent
    14  excess  coverage  for coverage periods during the period July 1, 1992 to
    15  June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
    16  the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
    17  to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
    18  during the period July 1, 1997 to June 30, 1998, during the period  July
    19  1,  1998  to  June  30, 1999, during the period July 1, 1999 to June 30,
    20  2000, during the period July 1, 2000 to June 30, 2001, during the period
    21  July 1, 2001 to October 29, 2001, during the period  April  1,  2002  to
    22  June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
    23  the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
    24  to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
    25  during  the period July 1, 2006 to June 30, 2007, during the period July
    26  1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,
    27  2009, during the period July 1, 2009 to June 30, 2010, during the period
    28  July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
    29  30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
    30  period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
    31  June 30, 2015, [and] during the period July 1, 2015 and June  30,  2016,
    32  and  between  July 1, 2016 and June 30, 2017 allocated or reallocated in
    33  accordance with paragraph (a) of subdivision  4-a  of  this  section  to
    34  rates  of payment applicable to state governmental agencies, each physi-
    35  cian or dentist for whom a  policy  for  excess  insurance  coverage  or
    36  equivalent excess coverage is purchased for such period shall be respon-
    37  sible for payment to the provider of excess insurance coverage or equiv-
    38  alent excess coverage of an allocable share of such insufficiency, based
    39  on  the  ratio  of the total cost of such coverage for such physician to
    40  the sum of the total cost of such coverage for all physicians applied to
    41  such insufficiency.
    42    (b) Each provider of excess insurance coverage  or  equivalent  excess
    43  coverage  covering the period July 1, 1992 to June 30, 1993, or covering
    44  the period July 1, 1993 to June 30, 1994, or covering the period July 1,
    45  1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
    46  1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
    47  the period July 1, 1997 to June 30, 1998, or covering the period July 1,
    48  1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
    49  2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
    50  the period July 1, 2001 to October 29,  2001,  or  covering  the  period
    51  April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
    52  June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
    53  covering the period July 1, 2004 to June 30, 2005, or covering the peri-
    54  od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
    55  June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
    56  covering the period July 1, 2008 to June 30, 2009, or covering the peri-

        S. 6407--C                         21                         A. 9007--C
 
     1  od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
     2  June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
     3  covering the period July 1, 2012 to June 30, 2013, or covering the peri-
     4  od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
     5  June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
     6  covering the period July 1, 2016 to June 30, 2017 shall notify a covered
     7  physician or dentist by mail, mailed to the address shown  on  the  last
     8  application for excess insurance coverage or equivalent excess coverage,
     9  of  the  amount  due to such provider from such physician or dentist for
    10  such coverage period determined in accordance with paragraph (a) of this
    11  subdivision. Such amount shall be due from such physician or dentist  to
    12  such provider of excess insurance coverage or equivalent excess coverage
    13  in  a  time  and  manner  determined  by the superintendent of financial
    14  services.
    15    (c) If a physician or dentist liable for payment of a portion  of  the
    16  costs  of excess insurance coverage or equivalent excess coverage cover-
    17  ing the period July 1, 1992 to June 30, 1993,  or  covering  the  period
    18  July  1,  1993  to June 30, 1994, or covering the period July 1, 1994 to
    19  June 30, 1995, or covering the period July 1, 1995 to June 30, 1996,  or
    20  covering the period July 1, 1996 to June 30, 1997, or covering the peri-
    21  od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
    22  June  30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
    23  covering the period July 1, 2000 to June 30, 2001, or covering the peri-
    24  od July 1, 2001 to October 29, 2001, or covering  the  period  April  1,
    25  2002  to  June 30, 2002, or covering the period July 1, 2002 to June 30,
    26  2003, or covering the period July 1, 2003 to June 30, 2004, or  covering
    27  the period July 1, 2004 to June 30, 2005, or covering the period July 1,
    28  2005  to  June 30, 2006, or covering the period July 1, 2006 to June 30,
    29  2007, or covering the period July 1, 2007 to June 30, 2008, or  covering
    30  the period July 1, 2008 to June 30, 2009, or covering the period July 1,
    31  2009  to  June 30, 2010, or covering the period July 1, 2010 to June 30,
    32  2011, or covering the period July 1, 2011 to June 30, 2012, or  covering
    33  the period July 1, 2012 to June 30, 2013, or covering the period July 1,
    34  2013  to  June 30, 2014, or covering the period July 1, 2014 to June 30,
    35  2015, or covering the period July 1, 2015 to June 30, 2016, or  covering
    36  the  period  July 1, 2016 to June 30, 2017 determined in accordance with
    37  paragraph (a) of this subdivision fails, refuses  or  neglects  to  make
    38  payment  to  the  provider  of  excess  insurance coverage or equivalent
    39  excess coverage in such time and manner as determined by the superinten-
    40  dent of financial services pursuant to paragraph (b)  of  this  subdivi-
    41  sion,  excess insurance coverage or equivalent excess coverage purchased
    42  for such physician or dentist in accordance with this section  for  such
    43  coverage  period shall be cancelled and shall be null and void as of the
    44  first day on or after the commencement of  a  policy  period  where  the
    45  liability for payment pursuant to this subdivision has not been met.
    46    (d)  Each  provider  of excess insurance coverage or equivalent excess
    47  coverage shall notify the superintendent of financial services  and  the
    48  commissioner  of  health or their designee of each physician and dentist
    49  eligible for purchase of a  policy  for  excess  insurance  coverage  or
    50  equivalent  excess coverage covering the period July 1, 1992 to June 30,
    51  1993, or covering the period July 1, 1993 to June 30, 1994, or  covering
    52  the period July 1, 1994 to June 30, 1995, or covering the period July 1,
    53  1995  to  June 30, 1996, or covering the period July 1, 1996 to June 30,
    54  1997, or covering the period July 1, 1997 to June 30, 1998, or  covering
    55  the period July 1, 1998 to June 30, 1999, or covering the period July 1,
    56  1999  to  June 30, 2000, or covering the period July 1, 2000 to June 30,

        S. 6407--C                         22                         A. 9007--C
 
     1  2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
     2  ing the period April 1, 2002 to June 30, 2002, or  covering  the  period
     3  July  1,  2002  to June 30, 2003, or covering the period July 1, 2003 to
     4  June  30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
     5  covering the period July 1, 2005 to June 30, 2006, or covering the peri-
     6  od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
     7  June 30, 2008, or covering the period July 1, 2008 to June 30, 2009,  or
     8  covering the period July 1, 2009 to June 30, 2010, or covering the peri-
     9  od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
    10  June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
    11  covering the period July 1, 2013 to June 30, 2014, or covering the peri-
    12  od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
    13  June 30, 2016, or covering the period July 1, 2016 to June 30, 2017 that
    14  has made payment to such provider of excess insurance coverage or equiv-
    15  alent excess coverage in accordance with paragraph (b) of this  subdivi-
    16  sion  and  of  each  physician  and  dentist  who has failed, refused or
    17  neglected to make such payment.
    18    (e) A provider of  excess  insurance  coverage  or  equivalent  excess
    19  coverage  shall  refund to the hospital excess liability pool any amount
    20  allocable to the period July 1, 1992 to June 30, 1993, and to the period
    21  July 1, 1993 to June 30, 1994, and to the period July 1,  1994  to  June
    22  30,  1995,  and  to the period July 1, 1995 to June 30, 1996, and to the
    23  period July 1, 1996 to June 30, 1997, and to the period July 1, 1997  to
    24  June  30,  1998, and to the period July 1, 1998 to June 30, 1999, and to
    25  the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
    26  to June 30, 2001, and to the period July 1, 2001 to  October  29,  2001,
    27  and to the period April 1, 2002 to June 30, 2002, and to the period July
    28  1,  2002  to  June  30, 2003, and to the period July 1, 2003 to June 30,
    29  2004, and to the period July 1, 2004 to June 30, 2005, and to the period
    30  July 1, 2005 to June 30, 2006, and to the period July 1,  2006  to  June
    31  30,  2007,  and  to the period July 1, 2007 to June 30, 2008, and to the
    32  period July 1, 2008 to June 30, 2009, and to the period July 1, 2009  to
    33  June  30,  2010, and to the period July 1, 2010 to June 30, 2011, and to
    34  the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
    35  to June 30, 2013, and to the period July 1, 2013 to June 30,  2014,  and
    36  to  the  period July 1, 2014 to June 30, 2015, and to the period July 1,
    37  2015 to June 30, 2016, and to the period July 1, 2016 to June  30,  2017
    38  received  from the hospital excess liability pool for purchase of excess
    39  insurance coverage or equivalent excess  coverage  covering  the  period
    40  July  1,  1992 to June 30, 1993, and covering the period July 1, 1993 to
    41  June 30, 1994, and covering the period July 1, 1994 to  June  30,  1995,
    42  and  covering the period July 1, 1995 to June 30, 1996, and covering the
    43  period July 1, 1996 to June 30, 1997, and covering the  period  July  1,
    44  1997  to June 30, 1998, and covering the period July 1, 1998 to June 30,
    45  1999, and covering the period July 1, 1999 to June 30, 2000, and  cover-
    46  ing  the  period  July 1, 2000 to June 30, 2001, and covering the period
    47  July 1, 2001 to October 29, 2001, and covering the period April 1,  2002
    48  to June 30, 2002, and covering the period July 1, 2002 to June 30, 2003,
    49  and  covering the period July 1, 2003 to June 30, 2004, and covering the
    50  period July 1, 2004 to June 30, 2005, and covering the  period  July  1,
    51  2005  to June 30, 2006, and covering the period July 1, 2006 to June 30,
    52  2007, and covering the period July 1, 2007 to June 30, 2008, and  cover-
    53  ing  the  period  July 1, 2008 to June 30, 2009, and covering the period
    54  July 1, 2009 to June 30, 2010, and covering the period July 1,  2010  to
    55  June  30,  2011,  and covering the period July 1, 2011 to June 30, 2012,
    56  and covering the period July 1, 2012 to June 30, 2013, and covering  the

        S. 6407--C                         23                         A. 9007--C
 
     1  period  July  1,  2013 to June 30, 2014, and covering the period July 1,
     2  2014 to June 30, 2015, and covering the period July 1, 2015 to June  30,
     3  2016, and covering the period July 1, 2016 to June 30, 2017 for a physi-
     4  cian  or  dentist  where  such  excess  insurance coverage or equivalent
     5  excess coverage is cancelled in accordance with paragraph  (c)  of  this
     6  subdivision.
     7    § 5. Section 40 of chapter 266 of the laws of 1986, amending the civil
     8  practice  law  and  rules  and  other  laws  relating to malpractice and
     9  professional medical conduct, as amended by section 4 of part Y of chap-
    10  ter 57 of the laws of 2015, is amended to read as follows:
    11    § 40. The superintendent of financial services shall  establish  rates
    12  for  policies  providing  coverage  for  physicians and surgeons medical
    13  malpractice for the periods commencing July 1, 1985 and ending June  30,
    14  [2016] 2017; provided, however, that notwithstanding any other provision
    15  of  law,  the superintendent shall not establish or approve any increase
    16  in rates for the period commencing July 1,  2009  and  ending  June  30,
    17  2010.  The  superintendent shall direct insurers to establish segregated
    18  accounts for premiums, payments, reserves and investment income  attrib-
    19  utable to such premium periods and shall require periodic reports by the
    20  insurers  regarding  claims and expenses attributable to such periods to
    21  monitor whether such accounts will be sufficient to meet incurred claims
    22  and expenses. On or after July 1, 1989, the superintendent shall  impose
    23  a  surcharge  on  premiums  to  satisfy  a  projected deficiency that is
    24  attributable to the premium levels established pursuant to this  section
    25  for  such  periods;  provided, however, that such annual surcharge shall
    26  not exceed eight percent of the established rate until  July  1,  [2016]
    27  2017, at which time and thereafter such surcharge shall not exceed twen-
    28  ty-five  percent  of  the  approved  adequate rate, and that such annual
    29  surcharges shall continue for such period of time as shall be sufficient
    30  to satisfy such deficiency. The superintendent  shall  not  impose  such
    31  surcharge  during the period commencing July 1, 2009 and ending June 30,
    32  2010.   On and after July 1, 1989,  the  surcharge  prescribed  by  this
    33  section  shall  be  retained by insurers to the extent that they insured
    34  physicians and surgeons during the July 1, 1985 through June 30,  [2016]
    35  2017  policy  periods;  in  the  event  and to the extent physicians and
    36  surgeons were insured by another insurer during such periods, all  or  a
    37  pro  rata  share of the surcharge, as the case may be, shall be remitted
    38  to such other insurer in accordance with rules  and  regulations  to  be
    39  promulgated by the superintendent.  Surcharges collected from physicians
    40  and  surgeons  who  were not insured during such policy periods shall be
    41  apportioned among all insurers in proportion to the premium  written  by
    42  each  insurer  during such policy periods; if a physician or surgeon was
    43  insured by an insurer subject to rates established by the superintendent
    44  during such policy periods, and  at  any  time  thereafter  a  hospital,
    45  health  maintenance organization, employer or institution is responsible
    46  for responding in damages for liability arising out of such  physician's
    47  or  surgeon's  practice  of medicine, such responsible entity shall also
    48  remit to such prior insurer the equivalent amount  that  would  then  be
    49  collected  as  a  surcharge if the physician or surgeon had continued to
    50  remain insured by such prior insurer. In  the  event  any  insurer  that
    51  provided  coverage  during  such  policy  periods is in liquidation, the
    52  property/casualty insurance security fund shall receive the  portion  of
    53  surcharges to which the insurer in liquidation would have been entitled.
    54  The surcharges authorized herein shall be deemed to be income earned for
    55  the  purposes of section 2303 of the insurance law.  The superintendent,
    56  in establishing adequate rates and in determining  any  projected  defi-

        S. 6407--C                         24                         A. 9007--C
 
     1  ciency  pursuant  to  the requirements of this section and the insurance
     2  law, shall give substantial weight, determined  in  his  discretion  and
     3  judgment,  to  the  prospective  anticipated  effect  of any regulations
     4  promulgated  and  laws  enacted  and the public benefit of   stabilizing
     5  malpractice rates and minimizing rate level fluctuation during the peri-
     6  od of time necessary for the development of  more  reliable  statistical
     7  experience  as  to  the  efficacy of such laws and regulations affecting
     8  medical, dental or podiatric malpractice enacted or promulgated in 1985,
     9  1986, by this act and at any other time.  Notwithstanding any  provision
    10  of the insurance law, rates already established and to be established by
    11  the  superintendent pursuant to this section are deemed adequate if such
    12  rates would be adequate when taken together with the maximum  authorized
    13  annual  surcharges to be imposed for a reasonable period of time whether
    14  or not any such annual surcharge has been actually  imposed  as  of  the
    15  establishment of such rates.
    16    §  6. Section 5 and subdivisions (a) and (e) of section 6 of part J of
    17  chapter 63 of the laws of 2001, amending chapter  266  of  the  laws  of
    18  1986,  amending the civil practice law and rules and other laws relating
    19  to malpractice and professional medical conduct, as amended by section 5
    20  of part Y of chapter 57 of the laws of 2015,  are  amended  to  read  as
    21  follows:
    22    §  5. The superintendent of financial services and the commissioner of
    23  health shall determine, no later than June 15, 2002, June 15, 2003, June
    24  15, 2004, June 15, 2005, June 15, 2006, June 15, 2007,  June  15,  2008,
    25  June  15,  2009,  June  15, 2010, June 15, 2011, June 15, 2012, June 15,
    26  2013, June 15, 2014, June 15, 2015, [and] June 15, 2016,  and  June  15,
    27  2017  the  amount  of  funds  available in the hospital excess liability
    28  pool, created pursuant to section 18 of chapter 266 of the laws of 1986,
    29  and whether such funds are sufficient for purposes of purchasing  excess
    30  insurance  coverage  for  eligible participating physicians and dentists
    31  during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June
    32  30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June  30,
    33  2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
    34  2007, or July 1, 2007 to June 30, 2008, or July  1,  2008  to  June  30,
    35  2009,  or  July  1,  2009  to June 30, 2010, or July 1, 2010 to June 30,
    36  2011, or July 1, 2011 to June 30, 2012, or July  1,  2012  to  June  30,
    37  2013,  or  July  1,  2013  to June 30, 2014, or July 1, 2014 to June 30,
    38  2015, or July 1, 2015 to June 30, 2016, or July 1, 2016 to June 30, 2017
    39  as applicable.
    40    (a) This section shall be effective only upon a determination,  pursu-
    41  ant  to  section  five  of  this act, by the superintendent of financial
    42  services and the commissioner of health, and  a  certification  of  such
    43  determination  to  the  state  director  of the budget, the chair of the
    44  senate committee on finance and the chair of the assembly  committee  on
    45  ways  and means, that the amount of funds in the hospital excess liabil-
    46  ity pool, created pursuant to section 18 of chapter 266 of the  laws  of
    47  1986, is insufficient for purposes of purchasing excess insurance cover-
    48  age for eligible participating physicians and dentists during the period
    49  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
    50  1,  2003  to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
    51  2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
    52  to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1,  2009  to
    53  June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
    54  30,  2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
    55  2014, or July 1, 2014 to June 30, 2015, or July  1,  2015  to  June  30,
    56  2016, or July 1, 2016 to June 30, 2017 as applicable.

        S. 6407--C                         25                         A. 9007--C
 
     1    (e)  The  commissioner  of  health  shall  transfer for deposit to the
     2  hospital excess liability pool created pursuant to section 18 of chapter
     3  266 of the laws of 1986 such amounts as directed by  the  superintendent
     4  of  financial  services  for  the purchase of excess liability insurance
     5  coverage  for  eligible  participating  physicians  and dentists for the
     6  policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to  June  30,
     7  2003,  or  July  1,  2003  to June 30, 2004, or July 1, 2004 to June 30,
     8  2005, or July 1, 2005 to June 30, 2006, or July  1,  2006  to  June  30,
     9  2007,  as  applicable, and the cost of administering the hospital excess
    10  liability pool for such applicable policy year,  pursuant to the program
    11  established in chapter 266 of the laws of 1986,  as  amended,  no  later
    12  than  June  15,  2002, June 15, 2003, June 15, 2004, June 15, 2005, June
    13  15, 2006, June 15, 2007, June 15, 2008, June 15, 2009,  June  15,  2010,
    14  June  15,  2011,  June  15, 2012, June 15, 2013, June 15, 2014, June 15,
    15  2015, [and] June 15, 2016, and June 15, 2017 as applicable.
    16    § 7. Notwithstanding any law, rule or regulation to the contrary, only
    17  physicians or dentists who were eligible, and for whom  the  superinten-
    18  dent  of  financial  services  and  the commissioner of health, or their
    19  designee, purchased, with funds available in the hospital excess liabil-
    20  ity pool, a full or partial policy for  excess  coverage  or  equivalent
    21  excess  coverage  for  the coverage period ending the thirtieth of June,
    22  two thousand sixteen, shall be eligible to apply for such  coverage  for
    23  the  coverage  period beginning the first of July, two thousand sixteen;
    24  provided, however, if the total number of  physicians  or  dentists  for
    25  whom  such  excess  coverage or equivalent excess coverage was purchased
    26  for the policy year ending the thirtieth of June, two  thousand  sixteen
    27  exceeds the total number of physicians or dentists certified as eligible
    28  for  the  coverage  period  beginning  the  first  of July, two thousand
    29  sixteen, then the general  hospitals  may  certify  additional  eligible
    30  physicians  or  dentists  in  a  number equal to such general hospital's
    31  proportional share of the total number of  physicians  or  dentists  for
    32  whom  excess  coverage  or equivalent excess coverage was purchased with
    33  funds available in the hospital excess liability pool as of the  thirti-
    34  eth  of June, two thousand sixteen, as applied to the difference between
    35  the number of eligible physicians or dentists  for  whom  a  policy  for
    36  excess  coverage  or  equivalent  excess  coverage was purchased for the
    37  coverage period ending the thirtieth of June, two thousand  sixteen  and
    38  the  number of such eligible physicians or dentists who have applied for
    39  excess coverage or equivalent excess coverage for  the  coverage  period
    40  beginning the first of July, two thousand sixteen.
    41    §  8.  This  act  shall take effect immediately and shall be deemed to
    42  have been in full force and effect on and after April 1, 2016, provided,
    43  however, section two of this act shall take effect July 1, 2016.
 
    44                                   PART D
 
    45    Section 1.  Paragraph (a) of subdivision 1 of section 212  of  chapter
    46  474  of  the  laws  of  1996,  amending the education law and other laws
    47  relating to rates for residential healthcare facilities, as  amended  by
    48  section  2  of  part  B of chapter 56 of the laws of 2013, is amended to
    49  read as follows:
    50    (a) Notwithstanding any inconsistent provision of law or regulation to
    51  the contrary, effective beginning August 1, 1996, for the  period  April
    52  1,  1997  through  March 31, 1998, April 1, 1998 for the period April 1,
    53  1998 through March 31, 1999, August 1, 1999, for  the  period  April  1,
    54  1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000

        S. 6407--C                         26                         A. 9007--C
 
     1  through  March  31,  2001,  April  1, 2001, for the period April 1, 2001
     2  through March 31, 2002, April 1, 2002, for  the  period  April  1,  2002
     3  through March 31, 2003, and for the state fiscal year beginning April 1,
     4  2005  through  March  31,  2006, and for the state fiscal year beginning
     5  April 1, 2006 through March 31, 2007, and  for  the  state  fiscal  year
     6  beginning April 1, 2007 through March 31, 2008, and for the state fiscal
     7  year  beginning  April 1, 2008 through March 31, 2009, and for the state
     8  fiscal year beginning April 1, 2009 through March 31, 2010, and for  the
     9  state  fiscal  year  beginning April 1, 2010 through March 31, 2016, and
    10  for the state fiscal year beginning April  1,  2016  through  March  31,
    11  2019,  the  department  of  health  is  authorized to pay public general
    12  hospitals, as defined in subdivision 10 of section 2801  of  the  public
    13  health law, operated by the state of New York or by the state university
    14  of  New York or by a county, which shall not include a city with a popu-
    15  lation of over one million, of the state of New York, and  those  public
    16  general  hospitals  located  in the county of Westchester, the county of
    17  Erie or the county of Nassau, additional payments for inpatient hospital
    18  services as medical assistance payments pursuant to title 11 of  article
    19  5 of the social services law for patients eligible for federal financial
    20  participation  under  title  XIX  of  the federal social security act in
    21  medical assistance pursuant to the federal laws and regulations  govern-
    22  ing  disproportionate  share  payments  to  hospitals  up to one hundred
    23  percent of each such public general hospital's  medical  assistance  and
    24  uninsured  patient  losses after all other medical assistance, including
    25  disproportionate share payments to  such  public  general  hospital  for
    26  1996,  1997,  1998,  and 1999, based initially for 1996 on reported 1994
    27  reconciled data as further reconciled to actual reported 1996 reconciled
    28  data, and for 1997 based initially on reported 1995 reconciled  data  as
    29  further  reconciled  to  actual  reported 1997 reconciled data, for 1998
    30  based initially on reported 1995 reconciled data as  further  reconciled
    31  to  actual  reported  1998  reconciled data, for 1999 based initially on
    32  reported 1995 reconciled data as further reconciled to  actual  reported
    33  1999  reconciled  data, for 2000 based initially on reported 1995 recon-
    34  ciled data as further reconciled to actual reported 2000 data, for  2001
    35  based  initially  on reported 1995 reconciled data as further reconciled
    36  to actual reported 2001 data, for 2002 based initially on reported  2000
    37  reconciled  data as further reconciled to actual reported 2002 data, and
    38  for state fiscal years beginning on April 1, 2005,  based  initially  on
    39  reported  2000  reconciled data as further reconciled to actual reported
    40  data for 2005, and for state fiscal years beginning on  April  1,  2006,
    41  based  initially  on reported 2000 reconciled data as further reconciled
    42  to actual reported data for 2006, for state fiscal  years  beginning  on
    43  and  after  April  1,  2007  through  March 31, 2009, based initially on
    44  reported 2000 reconciled data as further reconciled to  actual  reported
    45  data  for  2007 and 2008, respectively, for state fiscal years beginning
    46  on and after April 1, 2009, based initially on reported 2007  reconciled
    47  data,  adjusted  for  authorized Medicaid rate changes applicable to the
    48  state fiscal year, and as further reconciled to actual reported data for
    49  2009, for state fiscal years beginning on and after April 1, 2010, based
    50  initially on reported reconciled data from the base year two years prior
    51  to the payment year,  adjusted  for  authorized  Medicaid  rate  changes
    52  applicable  to  the  state fiscal year, and further reconciled to actual
    53  reported data from such payment year, and to actual  reported  data  for
    54  each  respective succeeding year.  The payments may be added to rates of
    55  payment or made as aggregate payments  to  an  eligible  public  general
    56  hospital.

        S. 6407--C                         27                         A. 9007--C
 
     1    §  2.  Section  10  of  chapter  649 of the laws of 1996, amending the
     2  public health law, the mental hygiene law and the  social  services  law
     3  relating  to  authorizing  the  establishment of special needs plans, as
     4  amended by section 20 of part D of chapter 59 of the laws  of  2011,  is
     5  amended to read as follows:
     6    §  10.  This  act shall take effect immediately and shall be deemed to
     7  have been in full force and effect on and after July 1, 1996;  provided,
     8  however,  that  sections one, two and three of this act shall expire and
     9  be deemed repealed on March 31, [2016] 2020 provided, however  that  the
    10  amendments  to  section 364-j of the social services law made by section
    11  four of this act shall not affect the expiration  of  such  section  and
    12  shall  be  deemed  to  expire  therewith and provided, further, that the
    13  provisions of subdivisions 8, 9 and 10 of section  4401  of  the  public
    14  health  law,  as added by section one of this act; section 4403-d of the
    15  public health law as added by section two of this act and the provisions
    16  of section seven of this act, except for the provisions relating to  the
    17  establishment  of  no  more  than twelve comprehensive HIV special needs
    18  plans, shall expire and be deemed repealed on July 1, 2000.
    19    § 3. Subdivision 8 of section 84 of part A of chapter 56 of  the  laws
    20  of  2013,  amending  the  public  health  law and other laws relating to
    21  general hospital reimbursement for annual rates is REPEALED.
    22    § 4. Subdivision (f) of section 129 of part C of  chapter  58  of  the
    23  laws  of  2009,  amending  the  public health law relating to payment by
    24  governmental  agencies  for  general  hospital  inpatient  services,  as
    25  amended  by  section  1  of part B of chapter 56 of the laws of 2013, is
    26  amended to read as follows:
    27    (f) section twenty-five  of  this  act  shall  expire  and  be  deemed
    28  repealed April 1, [2016] 2019;
    29    §  4-a. Section 2806-a of the public health law is amended by adding a
    30  new subdivision 8 to read as follows:
    31    8. The commissioner shall cause the temporary president of the senate,
    32  the speaker of the assembly, and the chairs of the senate and the assem-
    33  bly health committees to be notified of the appointment of  a  temporary
    34  operator  pursuant  to  paragraph (a) of subdivision two of this section
    35  upon such appointment. Such  notification  shall  include,  but  not  be
    36  limited  to,  the  name  of  the  established  operator, the name of the
    37  appointed temporary operator and a description of the reasons  for  such
    38  appointment to the extent practicable under the circumstances and in the
    39  sole discretion of the commissioner.
    40    §  5.  Subdivision  (c)  of section 122 of part E of chapter 56 of the
    41  laws of 2013 amending the public health  law  relating  to  the  general
    42  public health work program, is amended to read as follows:
    43    (c)  section fifty of this act shall take effect immediately and shall
    44  expire [three] six years after it becomes law;
    45    § 5-a. Subdivision 2 of section 3-0317 of the environmental  conserva-
    46  tion law, as added by chapter 77 of the laws of 2010, is amended to read
    47  as follows:
    48    2.  The  department shall, pursuant to established security protocols,
    49  provide to the department of health the  GPS  coordinates,  category  of
    50  license  or  permit,  facility  identification  number,  and  address on
    51  current environmental facilities that are necessary for  the  department
    52  of  health  to  develop  and maintain cancer incidence and environmental
    53  facility maps required pursuant to section twenty-four hundred one-b  of
    54  the public health law, and shall provide any technical assistance neces-
    55  sary  for  the development of such maps. The department, in consultation

        S. 6407--C                         28                         A. 9007--C

     1  with the department of health, shall update such data [periodically] not
     2  less than once every five years.
     3    §  5-b.  Subdivision  9 of section 2401-b of the public health law, as
     4  added by chapter 77 of the laws of 2010, is amended to read as follows:
     5    9. The department shall make available to the public cancer  incidence
     6  and  environmental  facility maps in the manner described in subdivision
     7  four of this section showing cancer clusters by cancer types.  Prior  to
     8  plotting  such data, the department shall use an appropriate statistical
     9  method to detect statistical anomalies for the  purpose  of  identifying
    10  cancer clusters.
    11    [(a)] The department shall make such maps available [as follows:
    12    (i)  by  June  thirtieth,  two  thousand twelve cancer types listed in
    13  paragraphs (a) through (e) of subdivision five of this section;
    14    (ii) by December thirty-first, two thousand twelve cancer types listed
    15  in paragraphs (f) through (o) of subdivision five of this section; and
    16    (iii) by June thirtieth, two thousand thirteen cancer types listed  in
    17  paragraphs (p) through (w) of subdivision five of this section.
    18    (b)  The department] on its public website, and shall, in consultation
    19  with the department of environmental conservation,  [shall]  update  the
    20  maps [periodically.
    21    (c) The department shall post these maps on its public website as soon
    22  as  practicable  following  the dates set forth in paragraph (a) of this
    23  subdivision] not less than once every five years.
    24    § 5-c. Section 5 of chapter 77 of the laws of 2010 amending the  envi-
    25  ronmental  conservation  law  and  the  public health law relating to an
    26  environmental facility and cancer incidence map, is amended to  read  as
    27  follows:
    28    §  5.  This  act shall take effect immediately and shall expire and be
    29  deemed repealed March 31, [2016] 2022.
    30    § 6. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
    31  of 2014 amending the social services law relating to  eliminating  pres-
    32  criber  prevails  for  brand  name  drugs  with  generic equivalents, is
    33  amended to read as follows:
    34    4-a. section twenty-two of this act shall take effect April  1,  2014,
    35  and shall be deemed expired January 1, [2017] 2018;
    36    §  7.  This  act  shall take effect immediately and shall be deemed to
    37  have been in full force and effect on and after April 1, 2016; provided,
    38  however, that the amendments to section 2806-a of the public health  law
    39  made  by section four-a of this act, the amendments to section 3-0317 of
    40  the environmental conservation law made by section five-a  of  this  act
    41  and  the  amendments  to section 2401-b of the public health law made by
    42  section five-b of this act shall not affect the repeal of such  sections
    43  and shall be deemed repealed therewith.
 
    44                                   PART E
 
    45                            Intentionally Omitted
 
    46                                   PART F
 
    47    Section  1.    Notwithstanding  any inconsistent provision of sections
    48  2825-a, 2825-b and 2825-c of the public health law and section 2825-d of
    49  the public health law as added by section two of this  act,  hereinafter
    50  referred  to  as  the  eligible  health  care  capital programs, and the
    51  provisions of any other law to the contrary:

        S. 6407--C                         29                         A. 9007--C
 
     1    a. The dormitory authority of the state of New York  (DASNY)  and  the
     2  department  of  health  (DOH)  are authorized to make grants or loans in
     3  support of debt  restructuring,  capital  and  non-capital  projects  or
     4  purposes  from  the  amounts  appropriated  for the eligible health care
     5  capital  programs;  provided  that  such projects or purposes facilitate
     6  health care transformation and are  intended  to  create  a  financially
     7  sustainable  system  of  care. Grants or loans shall not be available to
     8  support  general  operating  expenses  unconnected  to  such  authorized
     9  projects or purposes.
    10    b.  To  the  extent  that a grant or a loan authorized pursuant to the
    11  eligible health care capital programs or this section is  determined  to
    12  not  qualify  under an eligible health care capital program or cannot be
    13  funded with the proceeds of bonds issued pursuant to section  1680-r  of
    14  the  public authorities law, the director of the budget is authorized to
    15  make a determination to fund the project or  purpose  with  proceeds  of
    16  moneys  from the New York State Special Infrastructure Account appropri-
    17  ation pursuant to chapter 54 of the laws of 2015, as amended.
    18    c. To the extent that a grant  authorized  pursuant  to  the  eligible
    19  health  care  capital  programs  or  this section can be funded with the
    20  proceeds of bonds issued  pursuant  to  section  1680-r  of  the  public
    21  authorities  law,  the  director  of  the budget is authorized to make a
    22  determination to fund the project or purpose with the proceeds of  bonds
    23  issued  pursuant to section 1680-r of the public authorities law and any
    24  such projects or purposes shall be approved by the New York state public
    25  authorities control board, as required under section 51  of  the  public
    26  authorities law.
    27    d.  The total amount of funds awarded may not exceed the total amounts
    28  appropriated for the eligible health care capital programs.
    29    e. If DASNY and DOH determine to make funds  available  in  accordance
    30  with subdivision a of this section as a loan, the director of the budget
    31  is  authorized to suballocate such funds to the Health Facility Restruc-
    32  turing Pool and such funds would be used in accordance with section 2815
    33  of the public health law. In no event shall the total of  such  suballo-
    34  cations  exceed  ten  percent  of the total amounts appropriated for the
    35  eligible health care capital programs.
    36    f. DASNY and DOH will provide  notice  to  the  chair  of  the  senate
    37  finance  committee and chair of the assembly ways and means committee no
    38  later than thirty days prior to making an award pursuant  to  this  act,
    39  and such awards shall also be so noted in the quarterly reports required
    40  pursuant to each of the eligible health care capital programs.
    41    §  2.  The public health law is amended by adding a new section 2825-d
    42  to read as follows:
    43    § 2825-d. Health care facility transformation program:  statewide.  1.
    44  A statewide health care facility transformation program is hereby estab-
    45  lished under the joint administration of the commissioner and the presi-
    46  dent of the dormitory authority of the state of New York for the purpose
    47  of strengthening and protecting continued access to health care services
    48  in  communities. The program shall provide capital funding in support of
    49  projects that replace inefficient and outdated facilities as part  of  a
    50  merger,   consolidation,  acquisition  or  other  significant  corporate
    51  restructuring activity that is part of an  overall  transformation  plan
    52  intended  to  create a financially sustainable system of care. The issu-
    53  ance of any bonds or notes hereunder shall be subject to section sixteen
    54  hundred eighty-r of the public authorities law and the approval  of  the
    55  director  of the division of the budget, and any projects funded through
    56  the issuance of bonds or notes hereunder shall be approved  by  the  New

        S. 6407--C                         30                         A. 9007--C
 
     1  York  state  public authorities control board, as required under section
     2  fifty-one of the public authorities law.
     3    2.  The  commissioner  and  the president of the authority shall enter
     4  into an agreement, subject to approval by the director  of  the  budget,
     5  and  subject  to section sixteen hundred eighty-r of the public authori-
     6  ties law, for the purposes of awarding, distributing, and  administering
     7  the  funds  made  available pursuant to this section.  Such funds may be
     8  distributed by the commissioner and the president of the  authority  for
     9  capital grants to general hospitals, residential health care facilities,
    10  diagnostic  and  treatment centers and clinics licensed pursuant to this
    11  chapter or the mental hygiene law, for capital non-operational works  or
    12  purposes  that support the purposes set forth in this section. A copy of
    13  such agreement, and any amendments thereto, shall  be  provided  to  the
    14  chair  of  the  senate finance committee, the chair of the assembly ways
    15  and means committee, and the director of the division of budget no later
    16  than thirty days prior to the release of a request for applications  for
    17  funding  under  this  program.   Priority shall be given to projects not
    18  funded, in whole or in part, under section twenty-eight hundred  twenty-
    19  five  or  twenty-eight  hundred  twenty-five-c of this article. Projects
    20  awarded, in whole or part, under sections twenty-eight  hundred  twenty-
    21  five-a  and twenty-eight hundred twenty-five-b of this article shall not
    22  be eligible for grants or awards made available under this section.
    23    3. Notwithstanding  section  one  hundred  sixty-three  of  the  state
    24  finance  law or any inconsistent provision of law to the contrary, up to
    25  two hundred million dollars of the funds appropriated for  this  program
    26  shall be awarded without a competitive bid or request for proposal proc-
    27  ess  for  capital  grants  to  health  care providers (hereafter "appli-
    28  cants").  Provided however that a minimum of thirty million  dollars  of
    29  total awarded funds shall be made to community-based health care provid-
    30  ers,  which, for purposes of this section shall be defined as a diagnos-
    31  tic and treatment center licensed or granted  an  operating  certificate
    32  under  this article; a mental health clinic licensed or granted an oper-
    33  ating certificate under article thirty-one of the mental hygiene law; an
    34  alcohol and substance abuse treatment  clinic  licensed  or  granted  an
    35  operating  certificate  under  article  thirty-two of the mental hygiene
    36  law; primary care providers;  or  a  home  care  provider  certified  or
    37  licensed  pursuant  to  article  thirty-six  of this chapter.   Eligible
    38  applicants shall be those deemed by the commissioner to  be  a  provider
    39  that  fulfills  or  will fulfill a health care need for acute inpatient,
    40  outpatient, primary, home care or residential health care services in  a
    41  community.
    42    4.  In  determining awards for eligible applicants under this section,
    43  the commissioner and the  president  of  the  authority  shall  consider
    44  criteria including, but not limited to:
    45    (a)  the  extent to which the proposed capital project will contribute
    46  to the integration of health care services and long term  sustainability
    47  of  the  applicant  or  preservation of essential health services in the
    48  community or communities served by the applicant;
    49    (b) the extent to which the proposed project  or  purpose  is  aligned
    50  with  delivery  system  reform incentive payment ("DSRIP") program goals
    51  and objectives;
    52    (c) consideration of geographic distribution of funds;
    53    (d) the relationship between the proposed capital project and  identi-
    54  fied community need;
    55    (e)  the  extent  to  which  the  applicant  has access to alternative
    56  financing;

        S. 6407--C                         31                         A. 9007--C
 
     1    (f) the extent that the proposed capital project furthers the develop-
     2  ment of primary care and other outpatient services;
     3    (g) the extent to which the proposed capital project benefits Medicaid
     4  enrollees and uninsured individuals;
     5    (h)  the  extent  to  which  the  applicant  has engaged the community
     6  affected by the proposed capital project and the manner in which  commu-
     7  nity engagement has shaped such capital project; and
     8    (i)  the extent to which the proposed capital project addresses poten-
     9  tial risk to patient safety and welfare.
    10    5. Disbursement of awards made  pursuant  to  this  section  shall  be
    11  conditioned  on  the  awardee  achieving certain process and performance
    12  metrics and milestones as determined  in  the  sole  discretion  of  the
    13  commissioner.  Such metrics and milestones shall be structured to ensure
    14  that the health care transformation and provider sustainability goals of
    15  the project are achieved, and  such  metrics  and  milestones  shall  be
    16  included in grant disbursement agreements or other contractual documents
    17  as required by the commissioner.
    18    6.  The  department shall provide a report on a quarterly basis to the
    19  chairs of the senate finance, assembly ways and means, senate health and
    20  assembly health committees.  Such reports shall be  submitted  no  later
    21  than  sixty  days after the close of the quarter, and shall include, for
    22  each award, the name of the applicant, a description of the  project  or
    23  purpose,  the  amount  of  the  award,  disbursement date, and status of
    24  achievement of process and performance metrics and  milestones  pursuant
    25  to subdivision five of this section.
    26    §  3.  This  act  shall take effect immediately and shall be deemed to
    27  have been in full force and effect on and after April 1, 2016.
 
    28                                   PART G
 
    29                            Intentionally Omitted
 
    30                                   PART H

    31    Section 1. Section 1 of part D of chapter 111  of  the  laws  of  2010
    32  relating to the recovery of exempt income by the office of mental health
    33  for community residences and family-based treatment programs, as amended
    34  by section 1 of part JJ of chapter 58 of the laws of 2015, is amended to
    35  read as follows:
    36    Section  1. The office of mental health is authorized to recover fund-
    37  ing from  community  residences  and  family-based  treatment  providers
    38  licensed  by  the  office  of mental health, consistent with contractual
    39  obligations of such providers, and notwithstanding any other  inconsist-
    40  ent  provision  of law to the contrary, in an amount equal to 50 percent
    41  of the income received by such providers which exceeds the fixed  amount
    42  of  annual  Medicaid  revenue limitations, as established by the commis-
    43  sioner of mental health. Recovery of such excess income shall be for the
    44  following fiscal periods: for programs in counties  located  outside  of
    45  the  city of New York, the applicable fiscal periods shall be January 1,
    46  2003 through December 31, 2009 and January 1, 2011 through December  31,
    47  [2016]  2019;  and for programs located within the city of New York, the
    48  applicable fiscal periods shall be July 1, 2003 through  June  30,  2010
    49  and July 1, 2011 through June 30, [2016] 2019.
    50    §  2.  The  office  of  mental  health  shall  report on the providers
    51  impacted by section one of this act. This information shall be submitted

        S. 6407--C                         32                         A. 9007--C
 
     1  annually to the governor, the temporary president of the senate and  the
     2  speaker of the assembly no later than December 31st of each year.
     3    § 3. This act shall take effect immediately.
 
     4                                   PART I
 
     5    Section  1.  Sections  19  and  21  of chapter 723 of the laws of 1989
     6  amending the mental hygiene law and other laws relating to comprehensive
     7  psychiatric emergency programs, as amended by section 1  of  part  K  of
     8  chapter 56 of the laws of 2012, are amended to read as follows:
     9    §  19. Notwithstanding any other provision of law, the commissioner of
    10  mental health shall, until July 1, [2016] 2020, be solely authorized, in
    11  his or her discretion,  to  designate  those  general  hospitals,  local
    12  governmental units and voluntary agencies which may apply and be consid-
    13  ered  for the approval and issuance of an operating certificate pursuant
    14  to article 31 of the mental hygiene law for the operation of  a  compre-
    15  hensive psychiatric emergency program.
    16    §  21.  This  act shall take effect immediately, and sections one, two
    17  and four through twenty of this act  shall  remain  in  full  force  and
    18  effect,  until  July  1,  [2016]  2020, at which time the amendments and
    19  additions made by such sections of  this  act  shall  be  deemed  to  be
    20  repealed,  and  any  provision of law amended by any of such sections of
    21  this act shall revert to its text as it existed prior to  the  effective
    22  date of this act.
    23    §  2.  This  act  shall take effect immediately and shall be deemed to
    24  have been in full force and effect on and after April 1, 2016.
 
    25                                   PART J
 
    26    Section 1. Subdivision a of section 9 of chapter 420 of  the  laws  of
    27  2002  amending  the  education  law relating to the profession of social
    28  work, as amended by section 1 of part AA of chapter 57 of  the  laws  of
    29  2013, is amended to read as follows:
    30    a.  Nothing  in  this  act  shall  prohibit or limit the activities or
    31  services on the part of any person in the employ of a program or service
    32  operated, regulated, funded, or approved by  the  department  of  mental
    33  hygiene,  the  office  of  children  and  family services, the office of
    34  temporary and disability assistance, the department of  corrections  and
    35  community supervision, the state office for the aging, the department of
    36  health,  or a local governmental unit as that term is defined in article
    37  41 of the mental hygiene law or a social services district as defined in
    38  section 61 of the social services law, provided, however,  this  section
    39  shall  not authorize the use of any title authorized pursuant to article
    40  154 of the education law, except  that  this  section  shall  be  deemed
    41  repealed on July 1, [2016] 2018.
    42    §  2. Subdivision a of section 17-a of chapter 676 of the laws of 2002
    43  amending the education law relating to the practice  of  psychology,  as
    44  amended  by  section  2 of part AA of chapter 57 of the laws of 2013, is
    45  amended to read as follows:
    46    a. In relation to activities and services provided under  article  153
    47  of  the  education law, nothing in this act shall prohibit or limit such
    48  activities or services on the part of any person  in  the  employ  of  a
    49  program  or  service  operated,  regulated,  funded,  or approved by the
    50  department of mental hygiene  or  the  office  of  children  and  family
    51  services,  or a local governmental unit as that term is defined in arti-
    52  cle 41 of the mental hygiene  law  or  a  social  services  district  as

        S. 6407--C                         33                         A. 9007--C
 
     1  defined in section 61 of the social services law.  In relation to activ-
     2  ities  and  services  provided  under  article 163 of the education law,
     3  nothing in this act shall prohibit or limit such activities or  services
     4  on  the  part  of any person in the employ of a program or service oper-
     5  ated, regulated,  funded,  or  approved  by  the  department  of  mental
     6  hygiene,  the  office of children and family services, the department of
     7  corrections and community supervision, the office of temporary and disa-
     8  bility assistance, the state office for the aging and the department  of
     9  health  or  a local governmental unit as that term is defined in article
    10  41 of the mental hygiene law or a social services district as defined in
    11  section 61 of the social services law, pursuant to authority granted  by
    12  law.  This  section  shall not authorize the use of any title authorized
    13  pursuant to article 153 or 163 of the education law by any such employed
    14  person, except as otherwise  provided  by  such  articles  respectively.
    15  This section shall be deemed repealed July 1, [2016] 2018.
    16    § 3. Section 16 of chapter 130 of the laws of 2010 amending the educa-
    17  tion law and other laws relating to the registration of entities provid-
    18  ing   certain   professional  services  and  the  licensure  of  certain
    19  professions, as amended by section 3 of part AA of  chapter  57  of  the
    20  laws of 2013, is amended to read as follows:
    21    §  16.  This act shall take effect immediately; provided that sections
    22  thirteen, fourteen and fifteen of this act shall take effect immediately
    23  and shall be deemed to have been in full force and effect on  and  after
    24  June  1,  2010 and such sections shall be deemed repealed July 1, [2016]
    25  2018; provided further that the amendments to section 9 of  chapter  420
    26  of  the  laws of 2002 amending the education law relating to the profes-
    27  sion of social work made by section thirteen of this act shall repeal on
    28  the same date as such section repeals; provided further that the  amend-
    29  ments  to  section  17-a of chapter 676 of the laws of 2002 amending the
    30  education law relating to the practice of  psychology  made  by  section
    31  fourteen  of  this  act  shall  repeal  on the same date as such section
    32  repeals.
    33    § 4. This act shall take effect immediately.
 
    34                                   PART K
 
    35                            Intentionally Omitted
 
    36                                   PART L
 
    37    Section 1. The mental hygiene law is amended by adding a  new  section
    38  16.25 to read as follows:
    39  § 16.25 Temporary operator.
    40    (a) For the purposes of this section:
    41    (1)  "Established  operator"  shall mean the provider of services that
    42  has been established and issued an  operating  certificate  pursuant  to
    43  this article.
    44    (2)  "Extraordinary  financial  assistance"  shall  mean  state  funds
    45  provided to, or requested by, a  program  for  the  express  purpose  of
    46  preventing  the  closure  of  the  program  that  the commissioner finds
    47  provides essential and necessary services within the community.
    48    (3) "Serious financial instability" shall include but not  be  limited
    49  to  defaulting  or  violating  material covenants of bond issues, missed
    50  mortgage payments, missed rent payments, a pattern of  untimely  payment
    51  of debts, failure to pay its employees or vendors, insufficient funds to
    52  meet  the general operating expenses of the program, failure to maintain

        S. 6407--C                         34                         A. 9007--C
 
     1  required debt service coverage ratios  and/or,  as  applicable,  factors
     2  that  have  triggered a written event of default notice to the office by
     3  the dormitory authority of the state of New York.
     4    (4) "Office" shall mean the office for people with developmental disa-
     5  bilities.
     6    (5)  "Temporary operator" shall mean any provider of services that has
     7  been established and issued an operating certificate  pursuant  to  this
     8  article or which is directly operated by the office, that:
     9    a.  agrees to provide services certified pursuant to this article on a
    10  temporary basis in the best interests of its individuals served  by  the
    11  program; and
    12    b.  has a history of compliance with applicable laws, rules, and regu-
    13  lations and a record of providing care of good quality, as determined by
    14  the commissioner; and
    15    c. prior to appointment as temporary operator, develops a plan  deter-
    16  mined  to  be  satisfactory by the commissioner to address the program's
    17  deficiencies.
    18    (b) (1) In the event that: (i) the  established  operator  is  seeking
    19  extraordinary  financial  assistance;  (ii) office collected data demon-
    20  strates that the established operator is experiencing serious  financial
    21  instability  issues;  (iii)  office collected data demonstrates that the
    22  established operator's board of directors or administration is unable or
    23  unwilling to ensure the proper operation of the program; or (iv)  office
    24  collected data indicates there are conditions that seriously endanger or
    25  jeopardize  continued access to necessary services within the community,
    26  the commissioner shall notify the established operator  of  his  or  her
    27  intention  to appoint a temporary operator to assume sole responsibility
    28  for the provider of services' operations for a limited period  of  time.
    29  The appointment of a temporary operator shall be effectuated pursuant to
    30  this section, and shall be in addition to any other remedies provided by
    31  law.
    32    (2)  The established operator may at any time request the commissioner
    33  to appoint a temporary operator. Upon  receiving  such  a  request,  the
    34  commissioner  may, if he or she determines that such an action is neces-
    35  sary, enter into an agreement with  the  established  operator  for  the
    36  appointment of a temporary operator to restore or maintain the provision
    37  of  quality  care  to the individuals until the established operator can
    38  resume operations within the designated time period or other  action  is
    39  taken as described in section 16.17 of this article.
    40    (c)  (1) A temporary operator appointed pursuant to this section shall
    41  use his or her best efforts to implement the plan deemed satisfactory by
    42  the commissioner to correct or eliminate any deficiencies in the program
    43  and to promote the quality and accessibility of services in the communi-
    44  ty served by the provider of services.
    45    (2) During the term of appointment, the temporary operator shall  have
    46  the  authority to direct the staff of the established operator as neces-
    47  sary to appropriately provide services for  individuals.  The  temporary
    48  operator shall, during this period, provide services in such a manner as
    49  to  promote  safety and the quality and accessibility of services in the
    50  community served by the established operator  until  either  the  estab-
    51  lished  operator  can  resume operations or until the office revokes the
    52  operating certificate for the services issued under this article.
    53    (3) The established operator shall grant access to the temporary oper-
    54  ator to the established operator's accounts  and  records  in  order  to
    55  address  any  deficiencies  related  to the program experiencing serious
    56  financial instability or an established  operator  requesting  financial

        S. 6407--C                         35                         A. 9007--C
 
     1  assistance in accordance with this section. The temporary operator shall
     2  approve  any financial decision related to an established provider's day
     3  to day operations or  the  established  provider's  ability  to  provide
     4  services.
     5    (4) The temporary operator shall not be required to file any bond.  No
     6  security interest in any real or personal property comprising the estab-
     7  lished  operator  or contained within the established operator or in any
     8  fixture of the program, shall be impaired or diminished in  priority  by
     9  the  temporary  operator.  Neither the temporary operator nor the office
    10  shall engage in any activity that constitutes a confiscation of  proper-
    11  ty.
    12    (d)  The  temporary operator shall be entitled to a reasonable fee, as
    13  determined by the commissioner and subject to the approval of the direc-
    14  tor of the division of the budget, and necessary expenses incurred while
    15  serving as a temporary operator. The temporary operator shall be  liable
    16  only  in  its  capacity  as  temporary operator for injury to person and
    17  property by reason of its operation of such program; no liability  shall
    18  incur  in  the  temporary operator's personal capacity, except for gross
    19  negligence and intentional acts.
    20    (e) (1) The initial term of the appointment of the temporary  operator
    21  shall  not  exceed  ninety  days. After ninety days, if the commissioner
    22  determines that  termination  of  the  temporary  operator  would  cause
    23  significant  deterioration  of the quality of, or access to, care in the
    24  community or that reappointment is necessary to correct the deficiencies
    25  that required the appointment of the temporary operator, the commission-
    26  er may authorize an additional ninety-day term.  However, such  authori-
    27  zation  shall  include the commissioner's requirements for conclusion of
    28  the temporary operatorship to be satisfied within the additional term.
    29    (2) Within fourteen days prior to the termination of each term of  the
    30  appointment  of  the  temporary  operator,  the temporary operator shall
    31  submit to the commissioner and to  the  established  operator  a  report
    32  describing:
    33    a.  the actions taken during the appointment to address the identified
    34  program deficiencies, the resumption of program operations by the estab-
    35  lished operator, or the revocation of an operating certificate issued by
    36  the office;
    37    b. objectives for the continuation of the  temporary  operatorship  if
    38  necessary and a schedule for satisfaction of such objectives; and
    39    c. if applicable, the recommended actions for the ongoing provision of
    40  services subsequent to the temporary operatorship.
    41    (3)  The  term  of the initial appointment and of any subsequent reap-
    42  pointment may be terminated prior to the expiration  of  the  designated
    43  term,  if  the established operator and the commissioner agree on a plan
    44  of correction and the implementation of such plan.
    45    (f) (1) The commissioner shall, upon  making  a  determination  of  an
    46  intention  to  appoint a temporary operator pursuant to paragraph one of
    47  subdivision (b) of this section, cause the established  operator  to  be
    48  notified  of  the intention by registered or certified mail addressed to
    49  the principal office of  the  established  operator.  Such  notification
    50  shall  include  a  detailed  description  of the findings underlying the
    51  intention to appoint a temporary operator, and the date and  time  of  a
    52  required meeting with the commissioner and/or his or her designee within
    53  ten  business  days  of the receipt of such notice. At such meeting, the
    54  established operator shall have the opportunity to  review  and  discuss
    55  all  relevant findings. At such meeting, the commissioner and the estab-
    56  lished operator shall attempt to develop a mutually satisfactory plan of

        S. 6407--C                         36                         A. 9007--C
 
     1  correction and schedule for implementation. In such event,  the  commis-
     2  sioner  shall notify the established operator that the commissioner will
     3  abstain from appointing a temporary operator contingent upon the  estab-
     4  lished  operator  remediating  the  identified  deficiencies  within the
     5  agreed upon timeframe.
     6    (2) Should the commissioner and the established operator be unable  to
     7  establish  a plan of correction pursuant to paragraph one of this subdi-
     8  vision, or should the  established  operator  fail  to  respond  to  the
     9  commissioner's  initial  notification,  there shall be an administrative
    10  hearing on the commissioner's determination to appoint a temporary oper-
    11  ator to begin no later than thirty days from the date of the  notice  to
    12  the  established operator. Any such hearing shall be strictly limited to
    13  the issue of whether the determination of the commissioner to appoint  a
    14  temporary  operator  is supported by substantial evidence. A copy of the
    15  decision shall be sent to the established operator.
    16    (3) If the decision to appoint a temporary  operator  is  upheld  such
    17  temporary  operator  shall  be  appointed  as soon as is practicable and
    18  shall provide services pursuant to the provisions of this section.
    19    (g) Notwithstanding the  appointment  of  a  temporary  operator,  the
    20  established  operator shall remain obligated for the continued provision
    21  of services. No provision contained in this section shall be  deemed  to
    22  relieve  the  established  operator  or any other person of any civil or
    23  criminal liability incurred, or any duty imposed by law,  by  reason  of
    24  acts  or omissions of the established operator or any other person prior
    25  to the appointment of any temporary operator of the  program  hereunder;
    26  nor  shall  anything  contained  in this section be construed to suspend
    27  during the term of the appointment of  the  temporary  operator  of  the
    28  program  any  obligation of the established operator or any other person
    29  for the maintenance and repair of the  facility,  provision  of  utility
    30  services,  payment  of taxes or other operating and maintenance expenses
    31  of the facility, nor of the established operator or any other person for
    32  the payment of mortgages or liens.
    33    (h) Upon appointment of a temporary operator, the  commissioner  shall
    34  cause  the  temporary president of the senate, the speaker of the assem-
    35  bly, and the chairs of the senate mental health and developmental  disa-
    36  bilities  committee and the assembly mental health committee to be noti-
    37  fied of such determination. Such notification shall include, but not  be
    38  limited  to,  the  name  of  the  established  operator, the name of the
    39  appointed temporary operator and a description of the reasons  for  such
    40  determination  to  the extent practicable under the circumstances and in
    41  the sole discretion of the commissioner.
    42    § 2. The mental hygiene law is amended by adding a new  section  31.20
    43  to read as follows:
    44  § 31.20 Temporary operator.
    45    (a) For the purposes of this section:
    46    (1)  "Established operator" shall mean the operator of a mental health
    47  program that has been established and issued  an  operating  certificate
    48  pursuant to this article.
    49    (2)  "Extraordinary  financial  assistance"  shall  mean  state  funds
    50  provided to, or requested by, a  program  for  the  express  purpose  of
    51  preventing  the  closure  of  the  program  that  the commissioner finds
    52  provides essential and necessary services within the community.
    53    (3) "Mental health program" shall mean  a  provider  of  services  for
    54  persons  with  serious  mental  illness,  as  such  terms are defined in
    55  section 1.03 of this chapter, which  is  licensed  or  operated  by  the
    56  office.

        S. 6407--C                         37                         A. 9007--C
 
     1    (4) "Office" shall mean the office of mental health.
     2    (5)  "Serious  financial instability" shall include but not be limited
     3  to defaulting or violating material covenants  of  bond  issues,  missed
     4  mortgage  payments,  a  pattern of untimely payment of debts, failure to
     5  pay its employees or vendors, insufficient funds  to  meet  the  general
     6  operating  expenses  of  the  program, failure to maintain required debt
     7  service coverage ratios and/or, as applicable, factors that  have  trig-
     8  gered  a  written event of default notice to the office by the dormitory
     9  authority of the state of New York.
    10    (6) "Temporary operator" shall mean any operator of  a  mental  health
    11  program  that  has  been established and issued an operating certificate
    12  pursuant to this article or which is directly operated by the office  of
    13  mental health, that:
    14    a.  agrees  to operate a mental health program on a temporary basis in
    15  the best interests of its patients served by the program; and
    16    b. has a history of compliance with applicable laws, rules, and  regu-
    17  lations and a record of providing care of good quality, as determined by
    18  the commissioner; and
    19    c.  prior to appointment as temporary operator, develops a plan deter-
    20  mined to be satisfactory by the commissioner to  address  the  program's
    21  deficiencies.
    22    (b)  (1)  In  the  event that: (i) the established operator is seeking
    23  extraordinary financial assistance; (ii) office  collected  data  demon-
    24  strates  that the established operator is experiencing serious financial
    25  instability issues; (iii) office collected data  demonstrates  that  the
    26  established operator's board of directors or administration is unable or
    27  unwilling  to ensure the proper operation of the program; or (iv) office
    28  collected data indicates there are conditions that seriously endanger or
    29  jeopardize continued access to necessary mental health  services  within
    30  the community, the commissioner shall notify the established operator of
    31  his  or  her  intention  to  appoint a temporary operator to assume sole
    32  responsibility for the program's  treatment  operations  for  a  limited
    33  period  of time. The appointment of a temporary operator shall be effec-
    34  tuated pursuant to this section, and shall be in addition to  any  other
    35  remedies provided by law.
    36    (2)  The established operator may at any time request the commissioner
    37  to appoint a temporary operator. Upon  receiving  such  a  request,  the
    38  commissioner  may, if he or she determines that such an action is neces-
    39  sary, enter into an agreement with  the  established  operator  for  the
    40  appointment of a temporary operator to restore or maintain the provision
    41  of  quality  care  to  the  patients  until the established operator can
    42  resume operations within the designated time period; the patients may be
    43  transferred to other mental health programs operated or licensed by  the
    44  office;  or  the  operations  of  the  mental  health  program should be
    45  completely discontinued.
    46    (c) (1) A temporary operator appointed pursuant to this section  shall
    47  use his or her best efforts to implement the plan deemed satisfactory by
    48  the  commissioner to correct or eliminate any deficiencies in the mental
    49  health program and to promote the quality and  accessibility  of  mental
    50  health services in the community served by the mental health program.
    51    (2)  If  the  identified  deficiencies cannot be addressed in the time
    52  period designated in the plan, the  patients  shall  be  transferred  to
    53  other  appropriate  mental  health  programs licensed or operated by the
    54  office.
    55    (3) During the term of appointment, the temporary operator shall  have
    56  the  authority to direct the staff of the established operator as neces-

        S. 6407--C                         38                         A. 9007--C
 
     1  sary to appropriately treat and/or transfer the patients. The  temporary
     2  operator shall, during this period, operate the mental health program in
     3  such  a manner as to promote safety and the quality and accessibility of
     4  mental health services in the community served by the established opera-
     5  tor  until either the established operator can resume program operations
     6  or until the patients are appropriately transferred  to  other  programs
     7  licensed or operated by the office.
     8    (4) The established operator shall grant access to the temporary oper-
     9  ator  to  the  established  operator's  accounts and records in order to
    10  address any deficiencies related to a mental health program experiencing
    11  serious financial instability  or  an  established  operator  requesting
    12  financial  assistance  in  accordance  with  this section. The temporary
    13  operator shall approve any financial decision related to a program's day
    14  to  day  operations  or  program's  ability  to  provide  mental  health
    15  services.
    16    (5) The temporary operator shall not be required to file any bond.  No
    17  security interest in any real or personal property comprising the estab-
    18  lished  operator  or contained within the established operator or in any
    19  fixture of the mental health program, shall be impaired or diminished in
    20  priority by the temporary operator. Neither the temporary  operator  nor
    21  the  office shall engage in any activity that constitutes a confiscation
    22  of property.
    23    (d) The temporary operator shall be entitled to a reasonable  fee,  as
    24  determined by the commissioner and subject to the approval of the direc-
    25  tor of the division of the budget, and necessary expenses incurred while
    26  serving  as a temporary operator. The temporary operator shall be liable
    27  only in its capacity as temporary operator of the mental health  program
    28  for  injury  to  person  and property by reason of its operation of such
    29  program; no liability shall incur in the temporary  operator's  personal
    30  capacity, except for gross negligence and intentional acts.
    31    (e)  (1) The initial term of the appointment of the temporary operator
    32  shall not exceed ninety days. After ninety  days,  if  the  commissioner
    33  determines  that  termination  of  the  temporary  operator  would cause
    34  significant deterioration of the quality of, or access to, mental health
    35  care in the community or that reappointment is necessary to correct  the
    36  deficiencies  that  required  the appointment of the temporary operator,
    37  the commissioner may authorize an additional ninety-day  term.  However,
    38  such  authorization  shall  include  the commissioner's requirements for
    39  conclusion of the temporary operatorship  to  be  satisfied  within  the
    40  additional term.
    41    (2)  Within fourteen days prior to the termination of each term of the
    42  appointment of the temporary  operator,  the  temporary  operator  shall
    43  submit  to  the  commissioner  and  to the established operator a report
    44  describing:
    45    a. the actions taken during the appointment to address the  identified
    46  mental  health  program  deficiencies,  the  resumption of mental health
    47  program operations by the established operator, or the transfer  of  the
    48  patients to other providers licensed or operated by the office;
    49    b.  objectives  for  the continuation of the temporary operatorship if
    50  necessary and a schedule for satisfaction of such objectives; and
    51    c. if applicable, the recommended actions for the ongoing operation of
    52  the mental health program subsequent to the temporary operatorship.
    53    (3) The term of the initial appointment and of  any  subsequent  reap-
    54  pointment  may  be  terminated prior to the expiration of the designated
    55  term, if the established operator and the commissioner agree on  a  plan
    56  of correction and the implementation of such plan.

        S. 6407--C                         39                         A. 9007--C
 
     1    (f)  (1)  The  commissioner  shall,  upon making a determination of an
     2  intention to appoint a temporary operator pursuant to paragraph  one  of
     3  subdivision  (b)  of  this  section cause the established operator to be
     4  notified of the intention by registered or certified mail  addressed  to
     5  the  principal  office  of  the  established operator. Such notification
     6  shall include a detailed description  of  the  findings  underlying  the
     7  intention  to  appoint  a temporary operator, and the date and time of a
     8  required meeting with the commissioner and/or his or her designee within
     9  ten business days of the receipt of such notice. At  such  meeting,  the
    10  established  operator  shall  have the opportunity to review and discuss
    11  all relevant findings. At such meeting, the commissioner and the  estab-
    12  lished operator shall attempt to develop a mutually satisfactory plan of
    13  correction  and  schedule for implementation. In such event, the commis-
    14  sioner shall notify the established operator that the commissioner  will
    15  abstain  from appointing a temporary operator contingent upon the estab-
    16  lished operator  remediating  the  identified  deficiencies  within  the
    17  agreed upon timeframe.
    18    (2)  Should the commissioner and the established operator be unable to
    19  establish a plan of correction pursuant to paragraph one of this  subdi-
    20  vision,  or  should  the  established  operator  fail  to respond to the
    21  commissioner's initial notification, there shall  be  an  administrative
    22  hearing on the commissioner's determination to appoint a temporary oper-
    23  ator  to  begin no later than thirty days from the date of the notice to
    24  the established operator. Any such hearing shall be strictly limited  to
    25  the  issue of whether the determination of the commissioner to appoint a
    26  temporary operator is supported by substantial evidence. A copy  of  the
    27  decision shall be sent to the established operator.
    28    (3)  If  the  decision  to appoint a temporary operator is upheld such
    29  temporary operator shall be appointed as  soon  as  is  practicable  and
    30  shall  operate  the  mental health program pursuant to the provisions of
    31  this section.
    32    (g) Notwithstanding the  appointment  of  a  temporary  operator,  the
    33  established  operator shall remain obligated for the continued operation
    34  of the mental health program so that such  program  can  function  in  a
    35  normal manner. No provision contained in this section shall be deemed to
    36  relieve  the  established  operator  or any other person of any civil or
    37  criminal liability incurred, or any duty imposed by law,  by  reason  of
    38  acts  or omissions of the established operator or any other person prior
    39  to the appointment of any temporary operator of the  program  hereunder;
    40  nor  shall  anything  contained  in this section be construed to suspend
    41  during the term of the appointment of  the  temporary  operator  of  the
    42  program  any  obligation of the established operator or any other person
    43  for the maintenance and repair of the  facility,  provision  of  utility
    44  services,  payment  of taxes or other operating and maintenance expenses
    45  of the facility, nor of the established operator or any other person for
    46  the payment of mortgages or liens.
    47    (h) Upon appointment of a temporary operator, the  commissioner  shall
    48  cause  the  temporary president of the senate, the speaker of the assem-
    49  bly, and the chairs of the senate mental health and developmental  disa-
    50  bilities  committee and the assembly mental health committee to be noti-
    51  fied of such determination. Such notification shall include, but not  be
    52  limited  to,  the  name  of  the  established  operator, the name of the
    53  appointed temporary operator and a description of the reasons  for  such
    54  determination  to  the extent practicable under the circumstances and in
    55  the sole discretion of the commissioner.

        S. 6407--C                         40                         A. 9007--C
 
     1    § 3. Subdivision 6 of section 32.20  of  the  mental  hygiene  law  is
     2  amended by adding a new paragraph (d) to read as follows:
     3     (d)  Upon appointment of a temporary operator, the commissioner shall
     4  cause the temporary president of the senate, the speaker of  the  assem-
     5  bly,  and the chairs of the senate and assembly committees on alcoholism
     6  and drug abuse to be notified of such determination.  Such  notification
     7  shall include, but not be limited to, the name of the established opera-
     8  tor,  the  name of the appointed temporary operator and a description of
     9  the reasons for such determination to the extent practicable  under  the
    10  circumstances and in the sole discretion of the commissioner.
    11    §  4.  This  act  shall take effect immediately and shall be deemed to
    12  have been in full force and effect on and after April 1, 2016; provided,
    13  however, that sections one and two of  this  act  shall  expire  and  be
    14  deemed repealed on March 31, 2021.
 
    15                                   PART M
 
    16    Section 1. Subdivision (d) of section 33.13 of the mental hygiene law,
    17  as amended by section 3 of part E of chapter 111 of the laws of 2010, is
    18  amended to read as follows:
    19    (d)  Nothing  in  this  section  shall prevent the electronic or other
    20  exchange of information concerning patients or clients, including  iden-
    21  tification,  between  and  among  (i)  facilities  or  others  providing
    22  services for such patients or clients  pursuant  to  an  approved  local
    23  services  plan,  as  defined  in  article  forty-one of this chapter, or
    24  pursuant to agreement with the department, and (ii)  the  department  or
    25  any  of  its  licensed or operated facilities. Neither shall anything in
    26  this section prevent the exchange of information concerning patients  or
    27  clients,  including  identification, between facilities and managed care
    28  organizations, behavioral health organizations, health  homes  or  other
    29  entities  authorized  by  the  department or the department of health to
    30  provide, arrange  for  or  coordinate  health  care  services  for  such
    31  patients  or clients who are enrolled in or receiving services from such
    32  organizations or entities.  Provided however, written patient or  client
    33  consent  shall  be  obtained  prior to the exchange of information where
    34  required by 42 USC 290dd-2 as amended, and any  regulations  promulgated
    35  thereunder.  Furthermore,  subject  to the prior approval of the commis-
    36  sioner of mental health, hospital emergency services  licensed  pursuant
    37  to  article twenty-eight of the public health law shall be authorized to
    38  exchange information concerning patients or  clients  electronically  or
    39  otherwise  with  other  hospital emergency services licensed pursuant to
    40  article twenty-eight of the public health law and/or hospitals  licensed
    41  or  operated by the office of mental health; provided that such exchange
    42  of information is consistent with standards, developed  by  the  commis-
    43  sioner of mental health, which are designed to ensure confidentiality of
    44  such  information.  Additionally, information so exchanged shall be kept
    45  confidential and any limitations on  the  release  of  such  information
    46  imposed  on  the  party  giving the information shall apply to the party
    47  receiving the information.
    48    § 2. Subdivision (d) of section 33.13 of the mental  hygiene  law,  as
    49  amended  by  section  4 of part E of chapter 111 of the laws of 2010, is
    50  amended to read as follows:
    51    (d) Nothing in this section shall prevent the exchange of  information
    52  concerning  patients  or  clients, including identification, between (i)
    53  facilities or others providing services for  such  patients  or  clients
    54  pursuant  to  an  approved  local  services  plan, as defined in article

        S. 6407--C                         41                         A. 9007--C
 
     1  forty-one, or pursuant to agreement with the  department  and  (ii)  the
     2  department  or  any  of  its  facilities. Neither shall anything in this
     3  section prevent the  exchange  of  information  concerning  patients  or
     4  clients,  including  identification, between facilities and managed care
     5  organizations, behavioral health organizations, health  homes  or  other
     6  entities  authorized  by  the  department or the department of health to
     7  provide, arrange  for  or  coordinate  health  care  services  for  such
     8  patients  or clients who are enrolled in or receiving services from such
     9  organizations or entities.  Provided however, written patient or  client
    10  consent  shall  be  obtained  prior to the exchange of information where
    11  required by 42 USC 290dd-2 as amended, and any  regulations  promulgated
    12  thereunder.  Information so exchanged shall be kept confidential and any
    13  limitations on the release of such  information  imposed  on  the  party
    14  giving  the  information shall apply to the party receiving the informa-
    15  tion.
    16    § 3. Subdivision (f) of section 33.13 of the mental  hygiene  law,  as
    17  amended  by  chapter  330  of  the laws   of 1993, is amended to read as
    18  follows:
    19    (f) All records of identity,  diagnosis,  prognosis,  treatment,  care
    20  coordination or any other information contained in a patient or client's
    21  record shall be confidential unless disclosure is permitted under subdi-
    22  vision (c) of this section. Any disclosure made pursuant to this section
    23  shall  be limited to that information necessary and required in light of
    24  the reason for disclosure. Information so disclosed shall be kept confi-
    25  dential by the party receiving such information and the  limitations  on
    26  disclosure in this section shall apply to such party. Except for disclo-
    27  sures  made  to  the  mental hygiene legal service, to persons reviewing
    28  information or records in the ordinary course of insuring that a facili-
    29  ty is in compliance with applicable quality of  care  standards,  or  to
    30  governmental  agents  requiring information necessary for payments to be
    31  made to or on behalf of patients or clients pursuant to contract  or  in
    32  accordance  with law, a notation of all such disclosures shall be placed
    33  in the clinical record of that individual who shall be informed  of  all
    34  such  disclosures  upon request; provided, however, that for disclosures
    35  made to insurance companies licensed pursuant to the insurance law, such
    36  a notation need only be entered at the  time  the  disclosure  is  first
    37  made.
    38    §  4. This act shall take effect immediately; provided that the amend-
    39  ments to subdivision (d) of section 33.13 of the mental hygiene law made
    40  by section one of this act shall be subject to the expiration and rever-
    41  sion of such subdivision pursuant to section 18 of chapter  408  of  the
    42  laws  of 1999, as amended, when upon such date the provisions of section
    43  two of this act shall take effect.
 
    44                                   PART N
 
    45    Section 1. Subdivision 10 of section 3 of section 1 of chapter 359  of
    46  the  laws  of  1968, constituting the facilities development corporation
    47  act, as amended by chapter 723 of the laws of 1993, is amended  to  read
    48  as follows:
    49    10. "Mental  hygiene  facility" shall mean a building, a unit within a
    50  building, a laboratory, a classroom, a housing unit, a dining  hall,  an
    51  activities  center, a library, real property of any kind or description,
    52  or any structure on or improvement to real property, or an  interest  in
    53  real  property, of any kind or description, owned by or under the juris-
    54  diction of the corporation, including fixtures and equipment  which  are

        S. 6407--C                         42                         A. 9007--C
 
     1  an integral part of any such building, unit, structure or improvement, a
     2  walkway,  a  roadway  or a parking lot, and improvements and connections
     3  for water, sewer, gas, electrical, telephone, heating, air  conditioning
     4  and  other  utility  services, or a combination of any of the foregoing,
     5  whether for patient care and treatment or staff, staff family or service
     6  use, located at or related to any psychiatric center, any  developmental
     7  center, or any state psychiatric or research institute or other facility
     8  now  or  hereafter  established  under  the department. A mental hygiene
     9  facility shall also mean and  include  a  residential  care  center  for
    10  adults,  a  "community  mental  health  and  retardation facility" and a
    11  treatment facility for use in the conduct of an alcoholism or  substance
    12  abuse treatment program as defined in the mental hygiene law unless such
    13  residential care center for adults, community mental health and retarda-
    14  tion  facility  or  alcoholism  or substance abuse facility is expressly
    15  excepted, or the context clearly requires otherwise, and shall also mean
    16  and include any treatment facility for use in the conduct of an alcohol-
    17  ism or substance abuse treatment program that is  also  operated  as  an
    18  associated health care facility. The definition contained in this subdi-
    19  vision  shall  not be construed to exclude therefrom a facility owned or
    20  leased by one or more voluntary agencies that is to be  financed,  refi-
    21  nanced, designed, constructed, acquired, reconstructed, rehabilitated or
    22  improved  under  any  lease, sublease, loan or other financing agreement
    23  entered into with such voluntary agencies, and shall not be construed to
    24  exclude therefrom a facility to be made available from  the  corporation
    25  to a voluntary agency at the request of the commissioners of the offices
    26  of  the department having jurisdiction thereof. The definition contained
    27  in this subdivision shall not be construed to exclude therefrom a facil-
    28  ity with respect to which a voluntary agency has an  ownership  interest
    29  in,  and  proprietary lease from, an organization formed for the purpose
    30  of the cooperative ownership of real estate.
    31    § 2. Section 3 of section 1 of  chapter  359  of  the  laws  of  1968,
    32  constituting  the  facilities development corporation act, is amended by
    33  adding a new subdivision 20 to read as follows:
    34    20. "Associated health care facility" shall mean a  facility  licensed
    35  under  and  operated  pursuant to article 28 of the public health law or
    36  any health care facility licensed under and operated in accordance  with
    37  any  other provisions of the public health law or the mental hygiene law
    38  that provides health care services  and/or  treatment  to  all  persons,
    39  regardless  of  whether  such persons are persons receiving treatment or
    40  services for alcohol, substance abuse, or chemical dependency.
    41    § 3. This act shall take effect immediately.
 
    42                                   PART O
 
    43    Section 1. On or before October 1, 2016, the commissioner of  develop-
    44  mental  disabilities  shall issue a report to the temporary president of
    45  the senate and the speaker of the assembly to include the following:
    46    (a) Progress the office has made in meeting the housing needs of indi-
    47  viduals with developmental disabilities, including through:
    48    (1) its ongoing review of the residential registration list, including
    49  information regarding services currently provided to individuals on  the
    50  list  and any available information on priority placement approaches and
    51  housing needs for such individuals;
    52    (2) increasing access to rental housing, supportive housing, and other
    53  independent living options;

        S. 6407--C                         43                         A. 9007--C
 
     1    (3) building understanding and awareness of housing options for  inde-
     2  pendent  living  among people with developmental disabilities, families,
     3  public and private organizations, developers and direct support  profes-
     4  sionals; and
     5    (4)  assisting  with  the creation of a sustainable living environment
     6  through funding for home modifications, down payment assistance and home
     7  repairs; and
     8    (b) An update on the implementation of the report and  recommendations
     9  of  the  transformation  panel,  including implementation of the panel's
    10  recommendations to:
    11    (1) increase and support access to self-directed models of care;
    12    (2) enhance opportunities for individuals to  access  community  inte-
    13  grated housing;
    14    (3) increase integrated employment opportunities; and
    15    (4)  examine  the  program design and fiscal model for managed care to
    16  appropriately address the needs of individuals with developmental  disa-
    17  bilities.
    18    §  2.  This act shall take effect immediately; provided, however, that
    19  this act shall be subject to appropriations made specifically  available
    20  for this purpose and shall expire and be deemed repealed April 1, 2017.
 
    21                                   PART P
 
    22    Section  1.  Section  13.41  of  the  mental  hygiene law, as added by
    23  section 1 of part E of chapter 60 of the laws of  2014,  is  amended  by
    24  adding two new subdivisions (d) and (e) to read as follows:
    25    (d)  Individuals  with developmental disabilities who were employed in
    26  sheltered workshops on or after July first, two  thousand  thirteen  who
    27  are  not  interested  in working or who are not able to work in a provi-
    28  der-owned business or private business in the community  shall,  to  the
    29  extent  practicable and in accordance with the principles of person-cen-
    30  tered planning, be afforded the option of receiving  other  services  of
    31  the  office, including, but not limited to pathway to employment, commu-
    32  nity prevocational, day habilitation, community habilitation  and  self-
    33  directed  services.  The  provision of such services shall consider, but
    34  not be limited to, the following factors:
    35    (1) assessment of the individual's skills, including social  behavior,
    36  ability  to handle stress, ability to work with others, job performance,
    37  communication skills, work ethic, and interests;
    38    (2) assessment of the individual's situation, including transportation
    39  needs, family supports, and physical and mental health; and
    40    (3) creation of  opportunities  to  explore  different  community  and
    41  volunteer  experiences to obtain information that will be used to create
    42  a person-centered plan.
    43    (e) For individuals with developmental disabilities who were  employed
    44  in  sheltered  workshops  on  or after July first, two thousand thirteen
    45  interested in retirement, office  services  shall  focus  on  connecting
    46  individuals to retirement-related activities, including participating in
    47  senior  and  community center activities, and other local activities for
    48  retirees.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART Q
 
    51    Section 1. Section 13.17 of the  mental  hygiene  law  is  amended  by
    52  adding a new subdivision (d) to read as follows:

        S. 6407--C                         44                         A. 9007--C
 
     1    (d) In the event of a closure or transfer of a state-operated individ-
     2  ualized residential alternative (IRA), the commissioner shall:
     3    1. provide appropriate and timely notification to the temporary presi-
     4  dent  of the senate, and the speaker of the assembly, and to appropriate
     5  representatives of impacted labor organizations.  Such  notification  to
     6  the  representatives  of  impacted  labor organizations shall be made as
     7  soon as practicable, but no less than  forty-five  days  prior  to  such
     8  closure  or transfer except in the case of exigent circumstances impact-
     9  ing the health, safety, or welfare of the residents of the IRA as deter-
    10  mined by the office. Provided, however, that nothing herein shall  limit
    11  the ability of the office to effectuate such closure or transfer; and
    12    2.  make  reasonable efforts to confer with the affected workforce and
    13  any other party he or she deems  appropriate  to  inform  such  affected
    14  workforce,  the  residents  of  the IRA, and their family members, where
    15  appropriate, of the proposed closure or transfer plan.
    16    § 2. This act shall take effect immediately and shall  expire  and  be
    17  deemed repealed March 31, 2018.
 
    18                                   PART R
 
    19    Section 1. Section 281 of the public health law is amended by adding a
    20  new subdivision 7 to read as follows:
    21    7.  Notwithstanding  any  other provision of this section or any other
    22  law to the contrary, a practitioner  shall  not  be  required  to  issue
    23  prescriptions  electronically  if he or she certifies to the department,
    24  in a manner specified by the department, that he or she will  not  issue
    25  more  than  twenty-five  prescriptions  during  a  twelve  month period.
    26  Prescriptions  in  both  oral  and  written  form  for  both  controlled
    27  substances  and non-controlled substances shall be included in determin-
    28  ing whether  the  practitioner  will  reach  the  limit  of  twenty-five
    29  prescriptions.
    30    (a)  A certification shall be submitted in advance of the twelve-month
    31  certification period, except that a twelve-month certification submitted
    32  on or before July first, two thousand sixteen, may begin  March  twenty-
    33  seven, two thousand sixteen.
    34    (b) A practitioner who has made a certification under this subdivision
    35  may  submit  an  additional certification on or before the expiration of
    36  the current twelve-month certification period, for a  maximum  of  three
    37  twelve-month certifications.
    38    (c)  A  practitioner  may  make a certification under this subdivision
    39  regardless of whether he or she has previously received a  waiver  under
    40  paragraph (c) of subdivision three of this section.
    41    §  2.  Section  6810  of  the education law is amended by adding a new
    42  subdivisions 15 to read as follows:
    43     15. Notwithstanding any other provisions of this section or any other
    44  law to the contrary, a practitioner  shall  not  be  required  to  issue
    45  prescriptions electronically if he or she certifies to the department of
    46  health,  in  a  manner specified by the department of health, that he or
    47  she will not issue more than twenty-five prescriptions during  a  twelve
    48  month  period.  Prescriptions  in  both  oral  and written form for both
    49  controlled substances and non-controlled substances shall be included in
    50  determining whether the practitioner will reach the limit of twenty-five
    51  prescriptions.
    52    (a) A certification shall be submitted in advance of the  twelve-month
    53  certification period, except that a twelve-month certification submitted

        S. 6407--C                         45                         A. 9007--C
 
     1  on  or  before on July first,two thousand sixteen, may begin March twen-
     2  ty-seventh, two thousand sixteen.
     3    (b) A practitioner who has made a certification under this subdivision
     4  may  submit  an  additional certification on or before the expiration of
     5  the current twelve-month certification period, for a  maximum  of  three
     6  twelve-month certifications.
     7    (c)  A  practitioner  may  make a certification under this subdivision
     8  regardless of whether he or she has previously received a  waiver  under
     9  paragraphs (c) of subdivision ten of this section.
    10    §  3.  Section  2807-m of the public health law is amended by adding a
    11  new subdivision 12 to read as follows:
    12    12. Notwithstanding any provision of law to the contrary, applications
    13  submitted on or after April first, two thousand sixteen, for the  physi-
    14  cian  loan  repayment  program  pursuant to paragraph (d) of subdivision
    15  five-a of this section and subdivision ten of this section or the physi-
    16  cian practice support program pursuant to paragraph (e)  of  subdivision
    17  five-a of this section, shall be subject to the following changes:
    18    (a)  Awards  shall  be  made  from the total funding available for new
    19  awards under the physician loan  repayment  program  and  the  physician
    20  practice  support  program,  with  neither program limited to a specific
    21  funding amount within such total funding available;
    22    (b) An applicant may apply for an  award  for  either  physician  loan
    23  repayment or physician practice support, but not both;
    24    (c)  An applicant shall agree to practice for three years in an under-
    25  served area and each award shall provide up to  forty  thousand  dollars
    26  for each of the three years; and
    27    (d)  To the extent practicable, awards shall be timed to be of use for
    28  job offers made to applicants.
    29    § 4. Subdivisions 1 and 4 of section 461-s of the social services law,
    30  subdivision 1 as added by section 21 of part D of chapter 56 of the laws
    31  of 2012 and subdivision 4 as added by section 6 of part A of chapter  57
    32  of the laws of 2015, are amended to read as follows:
    33    1.  The commissioner of health shall establish the enhanced quality of
    34  adult living program (referred to in this section as the "EQUAL program"
    35  or the "program") for  adult  care  facilities.  The  program  shall  be
    36  targeted  at improving the quality of life for adult care facility resi-
    37  dents by means of grants  to  facilities  for  specified  purposes.  The
    38  department  of  health,  subject  to the approval of the director of the
    39  budget, shall develop an allocation methodology taking into account  the
    40  financial  status and size of the facility as well as resident needs. On
    41  or before June first of each year, the department shall  make  available
    42  the application for EQUAL program funds.
    43    4.  EQUAL  program  funds shall not be expended for a facility's daily
    44  operating expenses, including employee  salaries  or  benefits,  or  for
    45  expenses  incurred  retrospectively,  except  that  expenditures  may be
    46  incurred prior to the approval of the facility's  application  for  such
    47  fiscal  year,  provided  that:  (a) consistent with subdivision three of
    48  this section, the residents' council approves such expenditure prior  to
    49  the  expenditure  being  incurred,  and  the  facility provides with its
    50  application documentation of such approval and the date thereof; and (b)
    51  the expenditure meets  all  applicable  requirements  pursuant  to  this
    52  section  and  is subsequently approved by the department.  EQUAL program
    53  funds may be used for  expenditures  related  to  corrective  action  as
    54  required  by an inspection report, provided such expenditure is consist-
    55  ent with subdivision three of this section.

        S. 6407--C                         46                         A. 9007--C
 
     1    § 5. Section 616 of the public health law is amended by adding  a  new
     2  subdivision 3 to read as follows:
     3    3.  Administrative  policy  changes relating to state aid shall not be
     4  implemented without reasonable and statewide advance written  notice  to
     5  municipalities.
     6    §  6.  Subdivision  2  of  section  2802  of the public health law, as
     7  amended by section 58 of part A of chapter 58 of the laws  of  2010,  is
     8  amended to read as follows:
     9    2. The commissioner shall not act upon an application for construction
    10  of  a  hospital  until the public health and health planning council and
    11  the health systems agency have had a reasonable  time  to  submit  their
    12  recommendations, and unless (a) the applicant has obtained all approvals
    13  and  consents  required  by  law  for its incorporation or establishment
    14  (including the approval of the public health and health planning council
    15  pursuant to the provisions of this article) provided, however, that  the
    16  commissioner  may  act upon an application for construction by an appli-
    17  cant possessing a valid operating certificate when the application qual-
    18  ifies for review without the recommendation of the council  pursuant  to
    19  regulations  adopted by the council and approved by the commissioner, or
    20  as otherwise authorized by this section; and  (b)  the  commissioner  is
    21  satisfied  as  to  the public need for the construction, at the time and
    22  place and under the circumstances proposed, provided  however  that,  in
    23  the  case  of an application by a hospital established or operated by an
    24  organization defined in subdivision one of section four hundred  eighty-
    25  two-b  of the social services law, the needs of the members of the reli-
    26  gious denomination concerned, for care or treatment in  accordance  with
    27  their  religious  or  ethical  convictions, shall be deemed to be public
    28  need.
    29    § 7. Section 2802 of the public health law is amended by adding a  new
    30  subdivision 2-c to read as follows:
    31    2-c.  An  application  for the relocation of long-term ventilator beds
    32  from one residential health care facility to another residential  health
    33  care  facility  with common ownership shall be subject, as determined by
    34  the commissioner, to either an administrative or limited review  by  the
    35  department.  Common  ownership  shall  be  found  when  the ownership or
    36  controlling interest in the operator of  each  residential  health  care
    37  facility  is  the same, provided the percentage of ownership interest of
    38  each owner may vary between the two facilities but must meet  the  whole
    39  in common ownership. For purposes of this subdivision, the commissioner,
    40  when making a determination of public need, may consider access to long-
    41  term  ventilator  beds  in  the  affected portions of the health systems
    42  region, and the quality of care provided at the facilities  with  common
    43  ownership.  At  no  time shall an application submitted pursuant to this
    44  subdivision result in a change in the total combined number of long-term
    45  ventilator and residential health care facility beds, including residen-
    46  tial health care facility  beds  converted  from  transferred  long-term
    47  ventilator beds, operated by the two facilities with common ownership.
    48    §  8.  Subdivision 4 of section 28 of part H of chapter 60 of the laws
    49  of 2014, amending the insurance law,  the  public  health  law  and  the
    50  financial  services  law relating to establishing protections to prevent
    51  surprise medical bills including network  adequacy  requirements,  claim
    52  submission  requirements,  access to out-of-network care and prohibition
    53  of excessive emergency charges, is amended to read as follows:
    54    4. The workgroup shall report its findings  and  make  recommendations
    55  for  legislation  and  regulations  to  the governor, the speaker of the
    56  assembly, the senate majority leader, the chairs of  the  insurance  and

        S. 6407--C                         47                         A. 9007--C
 
     1  health  committees  in  both the assembly and the senate, and the super-
     2  intendent of the department of financial services no later  than  [Janu-
     3  ary] October 1, 2016.
     4    §  9.  This  act shall take effect immediately; provided however, that
     5  sections one and two of this act shall take effect on the first of  June
     6  next  succeeding  the date on which it shall have become a law and shall
     7  expire and be deemed repealed four years after such effective date.
 
     8                                   PART S
 
     9    Section 1. Section 209 of the elder law, as amended by section  41  of
    10  part A of chapter 58 of the laws of 2010, paragraph (b) of subdivision 1
    11  as  separately amended by chapter 348 of the laws of 2010, paragraph (d)
    12  of subdivision 1 as amended by chapter 271 of the laws  of  2014,  para-
    13  graph  (d)  of subdivision 4 as separately amended by chapter 410 of the
    14  laws of 2010, and paragraph (k) of subdivision 4,  subparagraph  (6)  of
    15  paragraph  (c) of subdivision 5-a, and subdivision 6 as amended by chap-
    16  ter 320 of the laws of 2011, is amended to read as follows:
    17    § 209. Naturally occurring  retirement  community  supportive  service
    18  program. 1. As used in this section:
    19    (a)  ["Advisory  committee"  or  "committee"  shall  mean the advisory
    20  committee convened by the director for the purposes  specified  in  this
    21  section.  Such  committee shall be broadly representative of housing and
    22  senior citizen groups, and all geographic areas of the state.
    23    (b)] "Older adults" shall mean persons who are sixty years of  age  or
    24  older.
    25    [(c)]  (b)  "Eligible  applicant"  shall  mean a not-for-profit agency
    26  specializing in housing, health or other human services which serves  or
    27  would  serve the community within which a naturally occurring retirement
    28  community is located.
    29    (c) "Health indicators/performance improvement" shall  mean  a  survey
    30  tool,  database,  and  process  that  provides grantees with performance
    31  outcomes data.
    32    (d) "Eligible services" shall mean the following services provided  by
    33  a  classic  or  neighborhood NORC program, or in coordination with other
    34  entities, including, but not limited to: [case management, care  coordi-
    35  nation,  counseling,  health  assessment and monitoring, transportation,
    36  socialization activities, home care facilitation and monitoring,  educa-
    37  tion  regarding  the signs of elder abuse and exploitation and available
    38  resources for a senior who is a  suspected  victim  of  elder  abuse  or
    39  exploitation,  chemical  dependence  counseling provided by credentialed
    40  alcoholism and substance abuse counselors as defined in paragraph  three
    41  of subdivision (d) of section 19.07 of the mental hygiene law and refer-
    42  rals  to appropriate chemical dependence counseling providers, and other
    43  services designed to address the needs of residents of naturally  occur-
    44  ring  retirement  communities by helping them extend their independence,
    45  improve their quality of life, and avoid unnecessary hospital and  nurs-
    46  ing home stays.
    47    (e)  "Government  assistance" shall mean and be broadly interpreted to
    48  mean any monetary assistance provided by the federal,  the  state  or  a
    49  local  government,  or  any  agency  thereof, or any authority or public
    50  benefit corporation, in any form, including loans or loan subsidies, for
    51  the construction of an apartment building or housing complex for low and
    52  moderate income persons, as such term is defined by  the  United  States
    53  Department of Housing and Urban Development.

        S. 6407--C                         48                         A. 9007--C

     1    (f)]  person  centered  planning,  case assistance, care coordination,
     2  information and assistance, application and benefit  assistance,  health
     3  care management and assistance, volunteer services, health promotion and
     4  linkages  to  prevention  services  and  screenings, linkages to in-home
     5  services, health indicators/performance improvement, housekeeping/chore,
     6  personal  care, counseling, shopping and/or meal preparation assistance,
     7  escort,  telephone  reassurance,  transportation,   friendly   visiting,
     8  support  groups,  personal  emergency  response  systems  (PERS), meals,
     9  recreation, bill paying assistance, education  regarding  the  signs  of
    10  elder  abuse or exploitation and available resources for a senior who is
    11  a suspected victim of elder abuse or exploitation,  chemical  dependance
    12  counseling provided by credentialed alcoholism and substance abuse coun-
    13  selors as defined in paragraph three of subdivision (d) of section 19.07
    14  of  the mental hygiene law and referrals to appropriate chemical depend-
    15  ence counseling providers, and other services designed  to  address  the
    16  needs  of  residents  of  classic and neighborhood NORCS by helping them
    17  extend their independence, improve their quality of life,  and  maximize
    18  their well-being.
    19    (e)  "Naturally  occurring  retirement  community", "classic naturally
    20  occurring retirement community" or "classic NORC" shall mean  an  apart-
    21  ment building or housing complex which:
    22    (1) [was constructed with government assistance;
    23    (2)] was not [originally] predominantly built for older adults;
    24    [(3)] (2) does not restrict admissions solely to older adults;
    25    [(4)]  (3)  (A)  at  least  [fifty] forty percent of the units have an
    26  occupant who is an older adult [or]; and
    27    (B) in which at least [twenty-five hundred] two hundred fifty  of  the
    28  residents  of  an  apartment  building  are older adults or five hundred
    29  residents of a housing complex are older adults; and
    30    [(5)] (4) a majority of the older adults  to  be  served  are  low  or
    31  moderate  income,  as defined by the United States Department of Housing
    32  and Urban Development.
    33    (f) "Neighborhood naturally occurring retirement community" or "neigh-
    34  borhood NORC" shall mean a residential dwelling or group of  residential
    35  dwellings  in  a geographically defined neighborhood or group of contig-
    36  uous neighborhoods which:
    37    (1) was not predominantly developed for older adults;
    38    (2) does not predominantly restrict admission to older adults;
    39    (3) (A) in a non-rural area, has at least thirty percent of the  resi-
    40  dents who are older adults or the units have an occupant who is an older
    41  adult; (B) in a rural area, has at least twenty percent of the residents
    42  who  are  older  adults  or  the  units have an occupant who is an older
    43  adult; and
    44    (4) is made up of low-rise buildings six stories or less and/or single
    45  and multi-family homes, provided, however, that apartment buildings  and
    46  housing complexes may be included in rural areas.
    47    (g)  "Rural areas" shall mean counties within the state having a popu-
    48  lation of less than two hundred thousand persons including  the  munici-
    49  palities,  individuals,  institutions,  communities,  programs, and such
    50  other entities or resources as are found therein; or, in counties with a
    51  population of two hundred thousand or  more,  towns  with  a  population
    52  density  of  less  than  one  hundred  and fifty persons per square mile
    53  including  the   villages,   individuals,   institutions,   communities,
    54  programs, and such other entities or resources as are found therein.

        S. 6407--C                         49                         A. 9007--C
 
     1    (h)  "Non-rural areas" shall mean any county, city, or town that has a
     2  population or population density greater than that which defines a rural
     3  area pursuant to this subdivision.
     4    2.  A  naturally  occurring  retirement  community  supportive service
     5  program is established as a [demonstration] program to  be  administered
     6  by the director.
     7    3.  The  director  shall [be assisted by the advisory committee in the
     8  development of] develop appropriate criteria for the selection of  gran-
     9  tees of funds provided pursuant to this section [and programmatic issues
    10  as deemed appropriate by the director].
    11    4.  The  criteria  [recommended  by  the  committee and adopted by the
    12  director]  for  the  award  of  grants  shall  be  consistent  with  the
    13  provisions of this section and shall include, at a minimum:
    14    (a)  the number, size, type and location of the projects to be served,
    15  including the number, size, type and location of  residential  dwellings
    16  or  group  of residential dwellings selected as candidates for inclusion
    17  in a neighborhood naturally occurring  retirement  community;  provided,
    18  that  the  [committee  and]  director  shall  make reasonable efforts to
    19  assure that geographic balance in the distribution of such  projects  is
    20  maintained,  consistent  with  the needs to be addressed, funding avail-
    21  able,  applications  for  eligible  applicants,  ability  to  coordinate
    22  services,  other requirements of this section, and other criteria devel-
    23  oped by the [committee and] director;
    24    (b) the appropriate number and concentration of older adult  residents
    25  to be served by an individual project; provided, that such criteria need
    26  not  specify, in the case of a project which includes several buildings,
    27  the number of older adults to be served in any individual building;
    28    (c) the demographic characteristics of the residents to be served;
    29    (d) a  requirement  that  the  applicant  demonstrate  community  wide
    30  support  from  residents,  neighborhood  associations, community groups,
    31  nonprofit organizations and others;
    32    (e) in the case of neighborhood naturally occurring retirement  commu-
    33  nities,  a  requirement that the boundaries of the geographic area to be
    34  served are clear and coherent and create  an  identifiable  program  and
    35  supportive community;
    36    (f)  the  financial  or in-kind support required to be provided to the
    37  project by the owners, managers and residents of the housing development
    38  or geographically defined area; provided, however,  that  such  criteria
    39  need not address whether the funding is public or private, or the source
    40  of such support;
    41    [(e)]  (g) the scope and intensity of the services to be provided, and
    42  their appropriateness for the  residents  proposed  to  be  served.  The
    43  applicant  shall have conducted a needs assessment on the basis of which
    44  such applicant shall establish the nature and extent of services  to  be
    45  provided;  and  further that such services shall provide a mix of appro-
    46  priate services that provide active  and  meaningful  participation  for
    47  residents.  The  criteria shall not require that the applicant agency be
    48  the sole provider of such services, but shall require that the applicant
    49  at a minimum actively  manage  the  provision  of  such  services.  Such
    50  services  may be the same as services provided by the local municipality
    51  or other community-based organization provided that those  services  are
    52  not  available  to or do not entirely meet the needs of the residents of
    53  the classic or neighborhood naturally occurring retirement community;
    54    [(f)] (h) the experience and  financial  stability  of  the  applicant
    55  agency, [provided that the criteria shall require that priority be given
    56  to programs already in operation, including those projects participating

        S. 6407--C                         50                         A. 9007--C

     1  in the resident advisor program administered by the office, and enriched
     2  housing  programs  which meet the requirements of this section and which
     3  have demonstrated] who shall demonstrate  to  the  satisfaction  of  the
     4  director  [and  the committee] their fiscal and managerial stability and
     5  programmatic success in serving residents;
     6    [(g)] (i) the [nature and extent of requirements proposed to be estab-
     7  lished] plan for active, meaningful participation for residents proposed
     8  to be served in project design, implementation, monitoring,  evaluation,
     9  and governance;
    10    [(h)]  (j)  an agreement by the applicant to participate in [the] data
    11  collection and evaluation [project] necessary to  implement  performance
    12  measures  for health indicators/performance improvement and complete the
    13  report required by this section;
    14    [(i)] (k) the policy and program roles of the applicant agency and any
    15  other agencies involved in the provision of services or  the  management
    16  of  the  project,  including  community-based organizations, the housing
    17  development governing body, or other owners or managers of the apartment
    18  buildings and housing complexes and  the  residents  of  such  apartment
    19  buildings  and  housing  complexes.  The  criteria shall require a clear
    20  delineation of such policy and program roles;
    21    [(j)] (l) a requirement that each eligible agency  document  the  need
    22  for  the  project  and  financial commitments to it from such sources as
    23  [the committee and] the director shall deem appropriate given the  char-
    24  acter  and  nature  of  the  proposed  project,  and written evidence of
    25  support from the appropriate housing development governing body or other
    26  owners or managers of the apartment buildings and housing  complexes  in
    27  the  case  of classic naturally occurring retirement communities, or the
    28  geographically  defined  neighborhood  in  the  case   of   neighborhood
    29  naturally occurring retirement communities. The purpose of such documen-
    30  tation  shall be to demonstrate the need for the project, support for it
    31  in the areas to be served, and the financial and managerial  ability  to
    32  sustain the project;
    33    [(k)] (m) a requirement that any aid provided pursuant to this section
    34  be  matched  by an equal amount, in-kind support of equal value, or some
    35  combination thereof from  other  sources,  provided  that  such  in-kind
    36  support  [to]  be utilized only upon approval from the director and only
    37  to the extent matching funds are not available, and that at least  twen-
    38  ty-five percent of such amount be contributed by the housing development
    39  governing  body  or other owners or managers and residents of the apart-
    40  ment buildings and housing complexes, or geographically defined area, in
    41  which the project is proposed, or, upon approval by the director, sourc-
    42  es in neighborhoods contiguous to the boundaries of the geographic areas
    43  served where services may also be provided pursuant to  subdivision  six
    44  of this section; [and]
    45    [(l)]  (n) the circumstances under which the director may waive all or
    46  part of the requirement for provision of an equal amount of funding from
    47  other sources required pursuant to paragraph [(k)] (m) of this  subdivi-
    48  sion,  provided that such criteria shall include provision for waiver at
    49  the discretion of the director upon a finding by the director  that  the
    50  program  will  serve  a  low income or hardship community, and that such
    51  waiver is required to assure that such community receive a fair share of
    52  the funding available. The committee shall develop appropriate  criteria
    53  for determining whether a community is a low income or hardship communi-
    54  ty[.];
    55    (o) the policy and program roles of the applicant agency and any other
    56  agencies  involved in the provision of services or the management of the

        S. 6407--C                         51                         A. 9007--C
 
     1  neighborhood naturally occurring retirement community, provided that the
     2  criteria shall require a clear delineation of such  policy  and  program
     3  roles; and
     4    (p)  a  plan for coordination with the designated area agency on aging
     5  to leverage additional services for classic or neighborhood NORC partic-
     6  ipants.
     7    4-a. The director shall  develop  a  list  of  priority  and  optional
     8  services  from the eligible services listed in paragraph (d) of subdivi-
     9  sion one of this section which may be used in the selection of  grantees
    10  pursuant to this section.
    11    4-b.  Notwithstanding  any  provision of law to the contrary, priority
    12  shall be given in any competitive bidding or request for proposals proc-
    13  ess conducted for the naturally occurring retirement community  support-
    14  ive  services  program  to  applicants that propose to serve a building,
    15  housing complex, or catchment area that is being served at the  time  of
    16  the competitive bidding or request for proposals process.
    17    5.    Within amounts specifically appropriated therefor and consistent
    18  with the criteria developed and required pursuant to  this  section  the
    19  director  shall approve grants to eligible applicants [in amounts not to
    20  exceed one hundred fifty thousand dollars for a project  in  any  twelve
    21  month period. The director shall not approve more than ten grants in the
    22  first twelve month period after the effective date of this section.
    23    5-a.  The  director  may, in addition recognize neighborhood naturally
    24  occurring retirement communities, or  Neighborhood  NORCs,  and  provide
    25  program  support  within amounts specifically available by appropriation
    26  therefor, which shall be subject to the requirements,  rules  and  regu-
    27  lations of this section, provided however that:
    28    (a)  the term Neighborhood NORC as used in this subdivision shall mean
    29  and refer to a residential dwelling or group of residential dwellings in
    30  a geographically defined neighborhood of a municipality  containing  not
    31  more  than  two thousand persons who are older adults reside in at least
    32  forty percent of the units and which is made up  of  low-rise  buildings
    33  six  stories  or less in height and/or single and multi-family homes and
    34  which area was not originally developed for older adults, and which does
    35  not restrict admission strictly to older adults;
    36    (b) grants to an eligible Neighborhood NORC  shall  be  no  less  than
    37  sixty thousand dollars for any twelve-month period;
    38    (c)  the  director  shall be assisted by the advisory committee in the
    39  development of criteria for the selection of grants provided pursuant to
    40  this section and programmatic issues as deemed appropriate by the direc-
    41  tor. The criteria recommended by the committee and adopted by the direc-
    42  tor for the award of grants shall be consistent with the  provisions  of
    43  this subdivision and shall include, at a minimum, the following require-
    44  ments  or  items  of  information  using  such  criteria as the advisory
    45  committee and the director shall approve:
    46    (1) the number, size, type and location of  residential  dwellings  or
    47  group  of  residential dwellings selected as candidates for neighborhood
    48  NORCs funding. The director shall make reasonable efforts to assure that
    49  geographic balance in the distribution of  such  grants  is  maintained,
    50  consistent  with  the needs to be addressed, funding available, applica-
    51  tions from eligible applicants, ability to coordinate services and other
    52  requirements of this section;
    53    (2) the appropriate number and concentration of older adult  residents
    54  to  be  served by an individual Neighborhood NORC. The criteria need not
    55  specify the number of older adults to be served in any individual build-
    56  ing;

        S. 6407--C                         52                         A. 9007--C

     1    (3) the demographic characteristics of the residents to be served;
     2    (4)  a  requirement  that the applicant demonstrate the development or
     3  intent to develop community wide support  from  residents,  neighborhood
     4  associations, community groups, nonprofit organizations and others;
     5    (5)  a  requirement  that  the boundaries of the geographic area to be
     6  served are clear and coherent and create  an  identifiable  program  and
     7  supportive community;
     8    (6) a requirement that the applicant commit to raising matching funds,
     9  in-kind  support,  or  some  combination thereof from non-state sources,
    10  provided that such in-kind support be utilized only upon  approval  from
    11  the  director  and  only to the extent matching funds are not available,
    12  equal to fifteen percent of the state grant in the second year after the
    13  program is approved,  twenty-five  percent  in  the  third  year,  forty
    14  percent  in  the  fourth  year, and fifty percent in the fifth year, and
    15  further commit that in each year, twenty-five percent of  such  required
    16  matching funds, in-kind support, or combination thereof be raised within
    17  the  community  served  and, upon approval by the director, in neighbor-
    18  hoods contiguous to the boundaries of the geographic areas served  where
    19  services  may  also  be  provided  pursuant  to  subdivision six of this
    20  section. Such local community matching funds, in-kind support, or combi-
    21  nation thereof shall include but not  be  limited  to:  dues,  fees  for
    22  service, individual and community contributions, and such other funds as
    23  the advisory committee and the director shall deem appropriate;
    24    (7) a requirement that the applicant demonstrate experience and finan-
    25  cial stability;
    26    (8)  a  requirement that priority in selection be given to programs in
    27  existence prior to the effective date of this subdivision which,  except
    28  for  designation and funding requirements established herein, would have
    29  otherwise generally qualified as a Neighborhood NORC;
    30    (9) a requirement that the applicant conduct or have conducted a needs
    31  assessment on the basis of which  such  applicant  shall  establish  the
    32  nature  and  extent  of  services  to be provided; and further that such
    33  services shall provide a mix of appropriate services that provide active
    34  and meaningful participation for residents;
    35    (10) a requirement that residents to be served shall  be  involved  in
    36  design,  implementation,  monitoring,  evaluation  and governance of the
    37  Neighborhood NORC;
    38    (11) an agreement by the applicant that it  will  participate  in  the
    39  data  collection  and  evaluation  necessary  to  complete the reporting
    40  requirements as established by the director;
    41    (12) the policy and program roles of  the  applicant  agency  and  any
    42  other  agencies  involved in the provision of services or the management
    43  of the Neighborhood NORC, provided that the  criteria  shall  require  a
    44  clear delineation of such policy and program roles;
    45    (13) a requirement that each applicant document the need for the grant
    46  and  financial  commitments  to  it  from  such  sources as the advisory
    47  committee and the director shall deem appropriate  given  the  character
    48  and  nature  of  the  proposed Neighborhood NORC and written evidence of
    49  support from the community;
    50    (14) the circumstances under which the director may waive all or  part
    51  of  the  requirement  for  provision  of an equal amount of funding from
    52  other sources required pursuant to this subdivision, provided that  such
    53  criteria  shall  include  provision  for waiver at the discretion of the
    54  director upon a finding by the director that the Neighborhood NORC  will
    55  serve  a  low  income  or  hardship  community,  and that such waiver is
    56  required to assure that such community receive a fair share of the fund-

        S. 6407--C                         53                         A. 9007--C

     1  ing available. For purposes of this paragraph, a hardship community  may
     2  be  one that has developed a successful model but which needs additional
     3  time to raise matching funds required herein. An applicant applying  for
     4  a  hardship  exception  shall submit a written plan in a form and manner
     5  determined by the director detailing its  plans  to  meet  the  matching
     6  funds requirement in the succeeding year;
     7    (15)  a requirement that any proposed Neighborhood NORC in a geograph-
     8  ically defined neighborhood of a municipality containing more  than  two
     9  thousand older adults shall require the review and recommendation by the
    10  advisory committee before being approved by the director;
    11    (d)  on  or before March first, two thousand eight, the director shall
    12  report to the governor and the fiscal and aging committees of the senate
    13  and the assembly concerning the effectiveness of Neighborhood  NORCs  in
    14  achieving  the  objectives  set  forth  by this subdivision. Such report
    15  shall address each of the  items  required  for  Neighborhood  NORCs  in
    16  achieving  the objectives set forth in this section and such other items
    17  of information as the director shall deem appropriate, including  recom-
    18  mendations  concerning  continuation or modification of the program, and
    19  any recommendations from the advisory committee.
    20    (e) in providing program support for Neighborhood NORCs as  authorized
    21  by  this  subdivision, the director shall in no event divert or transfer
    22  funding for grants or  program  support  from  any  naturally  occurring
    23  retirement  community supportive service programs authorized pursuant to
    24  other provisions of this section]. Individual grants awarded for classic
    25  NORC programs shall be in amounts not to  exceed  two  hundred  thousand
    26  ($200,000)  dollars and for neighborhood NORCs not less than sixty thou-
    27  sand ($60,000) dollars in any twelve month period.
    28    6. The director may allow services provided by a  naturally  occurring
    29  retirement  community  supportive  service  program or by a neighborhood
    30  naturally occurring retirement community to  also  include  services  to
    31  residents  who live in neighborhoods contiguous to the boundaries of the
    32  geographic area served by such programs if: (a) the persons  served  are
    33  older  adults;  (b)  the  services affect the health and welfare of such
    34  persons; and (c) the services are provided on a one-time  basis  in  the
    35  year  in  which  they are provided, and not in a manner which is said or
    36  intended to  be  continuous.  The  director  may  also  consent  to  the
    37  provision of such services by such program if the program has received a
    38  grant which requires services to be provided beyond the geographic boun-
    39  daries  of  the  program.  The director shall establish procedures under
    40  which a program may request the ability to provide  such  services.  The
    41  provision  of such services shall not affect the funding provided to the
    42  program by the department pursuant to this section.
    43    7. The director shall promulgate rules and regulations as necessary to
    44  carry out the provisions of this section.
    45    8. On or before March first, two thousand [five] nineteen,  and  every
    46  five years thereafter, the director shall report to the governor and the
    47  finance  committee of the senate and the ways and means committee of the
    48  assembly concerning the effectiveness of the naturally occurring retire-
    49  ment community supportive services  program[,  other  than  Neighborhood
    50  NORCs,  as  defined in subdivision five-a of this section,] in achieving
    51  the objectives set forth by  this  section,  which  include  helping  to
    52  address  the  needs  of  residents  in  such  classic  and  neighborhood
    53  naturally occurring retirement communities, assuring access to a contin-
    54  uum of necessary services, increasing private, philanthropic  and  other
    55  public  funding  for  programs,  and preventing unnecessary hospital and
    56  nursing home  stays.  The  report  shall  also  include  recommendations

        S. 6407--C                         54                         A. 9007--C
 
     1  concerning continuation or modification of the program from the director
     2  [and  the committee, and shall note any divergence between the recommen-
     3  dations of the director and the committee]. The director  shall  provide
     4  the required information and any other information deemed appropriate to
     5  the report in such form and detail as will be helpful to the legislature
     6  and  the  governor  in  determining  to  extend, eliminate or modify the
     7  program including, but not limited to, the following:
     8    (a) the number, size, type and location of the projects developed  and
     9  funded,  including  the  number,  kinds  and  functions of staff in each
    10  program;
    11    (b) [the number, size, type and location of the projects proposed  but
    12  not funded, and the reasons for denial of funding for such projects;
    13    (c)] the age, sex, religion and other appropriate demographic informa-
    14  tion concerning the residents served;
    15    [(d)]  (c) the services provided to residents, reported in such manner
    16  as to allow comparison of services by demographic group and region;
    17    [(e)] (d) a listing of the services provided by  eligible  applicants,
    18  including the number, kind and intensity of such services; and
    19    [(f)]  (e)  a  listing  of  [other]  partner  organizations  providing
    20  services, the number, kind and intensity of such services,  [the  number
    21  of  referrals to such organizations] and, to the extent practicable, the
    22  outcomes of such referrals.
    23    § 2. Paragraph (f) of subdivision 1 of section 209 of the elder law is
    24  amended by adding a new subparagraph 6 to read as follows:
    25    (6) Notwithstanding the requirements set forth in subparagraph four of
    26  this paragraph, in order to prevent the disruption of  services  through
    27  December  thirty-first, two thousand seventeen, programs established and
    28  providing services as of March first,  two  thousand  sixteen  shall  be
    29  allowed  to  have  fewer  than fifty percent of the units occupied by an
    30  older adult and/or fewer than  twenty-five  hundred  residents  who  are
    31  older adults.
    32    §  3.  Subdivision  5-a  of section 209 of the elder law is amended by
    33  adding a new paragraph (f) to read as follows:
    34    (f) Notwithstanding the requirements set forth  in  paragraph  (a)  of
    35  this subdivision, in order to prevent the disruption of services through
    36  December  thirty-first, two thousand seventeen, programs established and
    37  providing services as of March first,  two  thousand  sixteen  shall  be
    38  allowed  to  have  more  than  two thousand persons who are older adults
    39  residing in the geographically defined  area  and/or  fewer  than  forty
    40  percent of units with older adults residing therein.
    41    § 4. This act shall take effect immediately; provided that section one
    42  of this act shall take effect January 1, 2018; and provided further that
    43  sections  two  and three of this act shall expire and be deemed repealed
    44  on and after December 31, 2017.
    45    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    46  sion, section or part of this act shall be  adjudged  by  any  court  of
    47  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    48  impair, or invalidate the remainder thereof, but shall  be  confined  in
    49  its  operation  to the clause, sentence, paragraph, subdivision, section
    50  or part thereof directly involved in the controversy in which such judg-
    51  ment shall have been rendered. It is hereby declared to be the intent of
    52  the legislature that this act would  have  been  enacted  even  if  such
    53  invalid provisions had not been included herein.
    54    §  3.  This  act shall take effect immediately provided, however, that
    55  the applicable effective date of Parts A through S of this act shall  be
    56  as specifically set forth in the last section of such Parts.
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