A03007 Summary:
BILL NO | A03007C |
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SAME AS | SAME AS UNI. S02507-C |
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SPONSOR | Budget |
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COSPNSR | |
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MLTSPNSR | |
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Amd Various Laws, generally | |
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Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2021-2022 state fiscal year; extends the medicaid global cap; requires a quarterly report on certain medicaid expenditures (Part A); directs the department of health to remove the pharmacy benefit from the managed care benefit package and to provide the pharmacy benefit under the fee for service program (Part C); reduces the hospital capital rate add-on (Part D); relates to definitions of distant sites and telehealth providers (Part F); establishes a medical respite program to offer a lower-intensity care setting for individuals who would otherwise require a hospital stay or lack safe options for discharge and recovery (Part G); eliminates consumer-paid premium payments in the basic health program (Part H); extends the physicians medical malpractice program; extends the hospital excess liability pool; extends excess coverage under the New York Health Care Reform Act of 1996 (Part K); relates to the discontinuance of the empire clinical research investigator program (Part M); relates to reimbursements and payments for health care costs, and reporting of opioid overdose data (Part S); extends provisions permitting the director of a mental health facility to place funds of a person receiving services, in excess of the appropriate eligibility level for government benefits, into a qualifying Medicaid exception trust (Part T); relates to extending the authorization of appointing temporary operators for the continued operation of certain programs for people with mental illness, developmental disabilities and/or chemical dependence (Part U); extends the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs to 2024; requires final reports of such programs to be included in the statewide comprehensive plan (Part V); relates to the membership of subcommittees for mental health of community service boards and the duties of such subcommittees; creates the community mental health and workforce reinvestment account; extends such provisions relating thereto (Part W); relates to the office of mental health allocating funds for the 2021-22 fiscal year (Part X); authorizes the charging of an application processing fee for the issuance of operating certificates (Part Z); relates to the creation of crisis stabilization services as emergency service providers for persons with psychiatric or substance use disorder (Part AA); relates to minimum direct care spending in residential health care facilities (Part GG); relates to designating who shall serve as members of the developmental disabilities planning council (Part HH); relates to the provision of services to certain persons suffering from traumatic brain injuries or qualifying for nursing home diversion and transition services (Part II); relates to ensuring services provided in school-based health centers are not provided to medical assistance recipients through managed care programs (Part JJ); extends the New York state health insurance continuation assistance demonstration project (Part KK); relates to requests for offers from fiscal intermediaries and the awarding of such contracts (Part LL); provides for aid in the transition to adulthood for children with medical fragility living in pediatric nursing homes and other settings (Part MM); provides for an exemption or disregard of income for certain individuals receiving medical assistance (Part NN); requires a regional demonstration program in the western, central, southern tier, or capital regions of the state (Part OO); relates to post-partum extended coverage insurance coverage (Part PP); requires the commissioner of health to report on the calculation and payment of prescription drug dispensing fees to retail pharmacies by the state's medical assistance program (Part QQ). |
A03007 Actions:
BILL NO | A03007C | ||||||||||||||||||||||||||||||||||||||||||||||||||
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01/20/2021 | referred to ways and means | ||||||||||||||||||||||||||||||||||||||||||||||||||
02/24/2021 | amend (t) and recommit to ways and means | ||||||||||||||||||||||||||||||||||||||||||||||||||
02/24/2021 | print number 3007a | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/13/2021 | amend (t) and recommit to ways and means | ||||||||||||||||||||||||||||||||||||||||||||||||||
03/13/2021 | print number 3007b | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/03/2021 | amend (t) and recommit to ways and means | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/03/2021 | print number 3007c | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/06/2021 | reported referred to rules | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/06/2021 | reported | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/06/2021 | rules report cal.52 | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/06/2021 | ordered to third reading rules cal.52 | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/06/2021 | motion to amend lost | ||||||||||||||||||||||||||||||||||||||||||||||||||
04/06/2021 | substituted by s2507c | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | S02507 AMEND=C BUDGET | ||||||||||||||||||||||||||||||||||||||||||||||||||
  | 01/20/2021 | REFERRED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 02/24/2021 | AMEND (T) AND RECOMMIT TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 02/24/2021 | PRINT NUMBER 2507A | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/13/2021 | AMEND (T) AND RECOMMIT TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 03/13/2021 | PRINT NUMBER 2507B | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/03/2021 | AMEND (T) AND RECOMMIT TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/03/2021 | PRINT NUMBER 2507C | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/06/2021 | ORDERED TO THIRD READING CAL.647 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/06/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/06/2021 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/06/2021 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/06/2021 | substituted for a3007c | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/06/2021 | ordered to third reading rules cal.52 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/06/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/06/2021 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/07/2021 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
  | 04/19/2021 | SIGNED CHAP.57 |
A03007 Committee Votes:
Weinstein | Aye | Ra | Nay | ||||||
Glick | Aye | Fitzpatrick | Nay | ||||||
Nolan | Excused | Hawley | Nay | ||||||
Pretlow | Aye | Montesano | Nay | ||||||
Perry | Aye | Blankenbush | Nay | ||||||
Colton | Aye | Norris | Nay | ||||||
Cook | Aye | Brabenec | Nay | ||||||
Cahill | Aye | Palmesano | Nay | ||||||
Aubry | Aye | Byrne | Nay | ||||||
Cusick | Aye | Ashby | Nay | ||||||
Benedetto | Aye | ||||||||
Weprin | Aye | ||||||||
Rodriguez | Aye | ||||||||
Ramos | Excused | ||||||||
Braunstein | Aye | ||||||||
McDonald | Aye | ||||||||
Rozic | Aye | ||||||||
Dinowitz | Aye | ||||||||
Joyner | Aye | ||||||||
Magnarelli | Aye | ||||||||
Zebrowski | Aye | ||||||||
Bronson | Aye | ||||||||
Dilan | Aye | ||||||||
Seawright | Aye | ||||||||
Hyndman | Aye | ||||||||
Heastie | Excused | Barclay | Nay | ||||||
Gottfried | Aye | Hawley | Nay | ||||||
Nolan | Excused | Giglio | Nay | ||||||
Weinstein | Aye | Blankenbush | Nay | ||||||
Pretlow | Aye | Norris | Nay | ||||||
Cook | Aye | Montesano | Nay | ||||||
Glick | Aye | Ra | Nay | ||||||
Aubry | Aye | Brabenec | Nay | ||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Paulin | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Thiele | Nay | ||||||||
Braunstein | Aye | ||||||||
Dickens | Aye | ||||||||
Davila | Aye | ||||||||
Go to top
A03007 Floor Votes:
No
Abbate
No
Clark
No
Frontus
Yes
Lalor
No
Paulin
No
Sillitti
No
Abinanti
No
Colton
No
Galef
No
Lavine
No
Peoples-Stokes
No
Simon
No
Anderson
No
Conrad
No
Gallagher
Yes
Lawler
No
Perry
Yes
Simpson
Yes
Angelino
No
Cook
Yes
Gallahan
Yes
Lemondes
No
Pheffer Amato
Yes
Smith
Yes
Ashby
No
Cruz
Yes
Gandolfo
No
Lunsford
No
Pichardo
Yes
Smullen
No
Aubry
Yes
Cusick
Yes
Giglio JA
No
Lupardo
No
Pretlow
No
Solages
Yes
Barclay
No
Cymbrowitz
Yes
Giglio JM
No
Magnarelli
No
Quart
No
Steck
ER
Barnwell
No
Darling
No
Glick
No
Mamdani
Yes
Ra
No
Stern
No
Barrett
No
Davila
No
Gonzalez-Rojas
Yes
Manktelow
No
Rajkumar
No
Stirpe
No
Barron
No
De La Rosa
Yes
Goodell
No
McDonald
No
Ramos
Yes
Tague
No
Benedetto
Yes
DeStefano
No
Gottfried
Yes
McDonough
Yes
Reilly
Yes
Tannousis
No
Bichotte Hermel
No
Dickens
No
Griffin
No
McMahon
No
Reyes
No
Taylor
Yes
Blankenbush
No
Dilan
No
Gunther
No
Meeks
No
Richardson
No
Thiele
Yes
Brabenec
No
Dinowitz
Yes
Hawley
Yes
Mikulin
No
Rivera J
No
Vanel
No
Braunstein
Yes
DiPietro
No
Hevesi
Yes
Miller B
No
Rivera JD
Yes
Walczyk
No
Bronson
Yes
Durso
No
Hunter
Yes
Miller M
No
Rodriguez
No
Walker
Yes
Brown
Yes
Eichenstein
No
Hyndman
No
Mitaynes
No
Rosenthal D
No
Wallace
No
Burdick
No
Englebright
No
Jackson
Yes
Montesano
No
Rosenthal L
Yes
Walsh
No
Burgos
No
Epstein
No
Jacobson
Yes
Morinello
No
Rozic
No
Weinstein
No
Burke
No
Fahy
No
Jean-Pierre
No
Niou
Yes
Salka
No
Weprin
Yes
Buttenschon
No
Fall
Yes
Jensen
No
Nolan
Yes
Santabarbara
No
Williams
Yes
Byrne
No
Fernandez
No
Jones
Yes
Norris
No
Sayegh
No
Woerner
Yes
Byrnes
Yes
Fitzpatrick
No
Joyner
No
O'Donnell
Yes
Schmitt
No
Zebrowski
No
Cahill
No
Forrest
No
Kelles
No
Otis
No
Seawright
No
Zinerman
No
Carroll
Yes
Friend
No
Kim
Yes
Palmesano
No
Septimo
No
Mr. Speaker
‡ Indicates voting via videoconference
A03007 Memo:
Memo not availableGo to top
A03007 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ S. 2507--C A. 3007--C SENATE - ASSEMBLY January 20, 2021 ___________ 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 to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund Medicaid expenditures, in relation to extending the Medicaid global cap (Part A); intentionally omitted (Part B); to amend part FFF of chapter 56 of the laws of 2020 relating to directing the department of health to remove the pharmacy benefit from the managed care benefit package and to provide the pharmacy benefit under the fee for service program, in relation to the effec- tiveness thereof (Part C); to amend the public health law, in relation to reducing the hospital capital rate add-on (Part D); intentionally omitted (Part E); to amend the public health law, in relation to tele- health distant sites and providers (Part F); to amend the public health law, in relation to authorizing the implementation of medical respite pilot programs (Part G); to amend the social services law, in relation to eliminating consumer-paid premium payments in the basic health program (Part H); intentionally omitted (Part I); intentionally omitted (Part J); to amend chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malprac- tice and professional medical conduct, in relation to extending the physicians medical malpractice program; to amend part J of chapter 63 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12571-05-1S. 2507--C 2 A. 3007--C of the laws of 2001 amending chapter 266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malprac- tice and professional medical conduct, relating to the effectiveness of certain provisions of such chapter, in relation to extending certain provisions concerning the hospital excess liability pool; and to amend part H of chapter 57 of the laws of 2017, amending the New York Health Care Reform Act of 1996 and other laws relating to extend- ing certain provisions relating thereto, in relation to extending provisions relating to excess coverage (Part K); intentionally omitted (Part L); to amend the public health law and part H of chapter 58 of the laws of 2007 amending the public health law, the public officers law and the state finance law relating to establishing the empire state stem cell board, in relation to the discontinuation of the empire clinical research investigator program (Part M); intentionally omitted (Part N); intentionally omitted (Part O); intentionally omit- ted (Part P); intentionally omitted (Part Q); intentionally omitted (Part R); to amend chapter 884 of the laws of 1990, amending the public health law relating to authorizing bad debt and charity care allowances for certified home health agencies, in relation to extend- ing the provisions thereof; to amend chapter 109 of the laws of 2010, amending the social services law relating to transportation costs, in relation to the effectiveness thereof; to amend chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, in relation to the effec- tiveness thereof; to amend chapter 56 of the laws of 2013 amending chapter 59 of the laws of 2011 amending the public health law and other laws relating to general hospital reimbursement for annual rates, in relation to extending government rates for behavioral services and adding an alternative payment methodology requirement; to amend chapter 57 of the laws of 2019 amending the public health law relating to waiver of certain regulations, in relation to the effec- tiveness thereof; to amend chapter 517 of the laws of 2016, amending the public health law relating to payments from the New York state medical indemnity fund, in relation to the effectiveness thereof; to amend the public health law, in relation to improved integration of health care and financing; to amend chapter 56 of the laws of 2014, amending the education law relating to the nurse practitioners modern- ization act, in relation to extending the provisions thereof; and to amend chapter 66 of the laws of 2016, amending the public health law relating to reporting of opioid overdose data, in relation to the effectiveness thereof (Part S); to amend part A of chapter 111 of the laws of 2010 amending the mental hygiene law relating to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene, in relation to the effectiveness thereof (Part T); to amend part L of chapter 59 of the laws of 2016, amending the mental hygiene law relating 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, in relation to the effectiveness thereof (Part U); to amend the mental hygiene law, in relation to requiring the final reports of such programs to be included in the statewide compre- hensive plan; and to amend part NN of chapter 58 of the laws of 2015, amending the mental hygiene law relating to clarifying the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs, in relation to theS. 2507--C 3 A. 3007--C effectiveness thereof (Part V); to amend chapter 62 of the laws of 2003, amending the mental hygiene law and the state finance law relat- ing to the community mental health support and workforce reinvestment program, the membership of subcommittees for mental health of communi- ty services boards and the duties of such subcommittees and creating the community mental health and workforce reinvestment account, in relation to extending such provisions relating thereto (Part W); relating to the office of mental health allocating funding for the 2021-22 fiscal year; and providing for the repeal of such provisions upon expiration thereof (Part X); intentionally omitted (Part Y); to amend the mental hygiene law, in relation to authorizing the charging an application processing fee for the issuance of operating certif- icates (Part Z); to amend the mental hygiene law and the social services law, in relation to crisis stabilization services (Part AA); intentionally omitted (Part BB); intentionally omitted (Part CC); intentionally omitted (Part DD); intentionally omitted (Part EE); intentionally omitted (Part FF); to amend the public health law, in relation to minimum direct care spending in residential health care facilities (Part GG); and to amend the executive law, in relation to the composition of the developmental disabilities planning council (Part HH); to amend the social services law, in relation to the provision of services to certain persons suffering from traumatic brain injuries or qualifying for nursing home diversion and transition services (Part II); to amend the social services law, in relation to managed care programs; and providing for the repeal of such provisions upon expiration thereof (Part JJ); to amend chapter 495 of the laws of 2004, amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demon- stration project, in relation to the effectiveness thereof (Part KK); to amend the social services law, in relation to requests for offers from fiscal intermediaries (Part LL); to amend the public health law, in relation to aiding in the transition to adulthood for children with medical fragility living in pediatric nursing homes and other settings; and providing for the repeal of such provisions upon expira- tion thereof (Part MM); to amend the social services law, in relation to providing for an exemption or disregard of income for certain indi- viduals receiving medical assistance (Part NN); to amend part KKK of chapter 56 of the laws of 2020 amending the social services law and other laws relating to managed care encounter data, authorizing elec- tronic notifications, and establishing regional demonstration projects, in relation to the regional demonstration program (Part OO); to amend the public health law and the social services law, in relation to post-partum extended coverage insurance coverage (Part PP); and requiring the commissioner of health to file a report on the calculation and payment of prescription drug dispensing fees to retail pharmacies by the state's medical assistance program (Part QQ) 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 necessary to implement the state health and mental hygiene budget for 3 the 2021-2022 state fiscal year. Each component is wholly contained 4 within a Part identified as Parts A through QQ. The effective date for 5 each particular provision contained within such Part is set forth in theS. 2507--C 4 A. 3007--C 1 last section of such Part. Any provision in any section contained within 2 a Part, including the effective date of the Part, which makes a refer- 3 ence to a section "of this act", when used in connection with that 4 particular component, shall be deemed to mean and refer to the corre- 5 sponding section of the Part in which it is found. Section three of this 6 act sets forth the general effective date of this act. 7 PART A 8 Section 1. Paragraph (a) of subdivision 1 of section 92 of part H of 9 chapter 59 of the laws of 2011, amending the public health law and other 10 laws relating to known and projected department of health state fund 11 Medicaid expenditures, as amended by section 1 of part CCC of chapter 56 12 of the laws of 2020, is amended to read as follows: 13 (a) For state fiscal years 2011-12 through [2021-22] 2022-23, the 14 director of the budget, in consultation with the commissioner of health 15 referenced as "commissioner" for purposes of this section, shall assess 16 on a [monthly] quarterly basis, as reflected in [monthly] quarterly 17 reports pursuant to subdivision five of this section known and projected 18 department of health state funds medicaid expenditures by category of 19 service and by geographic regions, as defined by the commissioner. 20 § 2. Subdivision 5 of section 92 of part H of chapter 59 of the laws 21 of 2011, amending the public health law and other laws relating to known 22 and projected department of health state fund Medicaid expenditures, as 23 amended by section 1 of part CCC of chapter 56 of the laws of 2020, is 24 amended to read as follows: 25 5. The commissioner of health, in consultation with the director of 26 budget, shall prepare a [monthly] quarterly report that sets forth: 27 (a) known and projected department of health medicaid expenditures as 28 described in subdivision one of this section, and factors that could 29 result in medicaid disbursements for the relevant state fiscal year to 30 exceed the projected department of health state funds disbursements in 31 the enacted budget financial plan pursuant to subdivision 3 of section 32 23 of the state finance law, including spending increases or decreases 33 due to: enrollment fluctuations, rate changes, utilization changes, MRT 34 investments, and shift of beneficiaries to managed care; and variations 35 in offline medicaid payments; 36 (b) the actions taken to implement any medicaid savings allocation 37 adjustment implemented pursuant to subdivisions one and four of this 38 section, including information concerning the impact of such actions on 39 each category of service and each geographic region of the state. 40 (c) The price, to include the base rate plus any upcoming rate adjust- 41 ment; utilization, to include current enrollment, projected enrollment 42 changes and acuity; and Medicaid Redesign Team initiatives, one-time 43 initiatives and other initiatives describing the proposed budget action 44 impact, any prior year initiative with current and future year impacts 45 for the following categories of spending: 46 (i) inpatient; 47 (ii) outpatient; 48 (iii) emergency room; 49 (iv) clinic; 50 (v) nursing homes; 51 (vi) other long term care; 52 (vii) medicaid managed care; 53 (viii) family health plus; 54 (ix) pharmacy;S. 2507--C 5 A. 3007--C 1 (x) transportation; 2 (xi) dental; 3 (xii) non-institutional and all other categories; 4 (xiii) affordable housing; 5 (xiv) vital access provider services; 6 (xv) behavioral health vital access provider services; 7 (xvi) health home establishment grants; 8 (xvii) grants for facilitating transition of behavioral health service 9 to managed care; 10 (xviii) Finger Lakes health services agency; 11 (xix) the transition of vulnerable populations to managed care; 12 (xx) audit recoveries and settlements; and 13 (d) where price and utilization are not applicable, detail shall be 14 provided on spending, to include but not be limited to: 15 (i) demographic information of targeted recipients; 16 (ii) number of recipients; 17 (iii) award amounts; 18 (iv) timing of awards; and 19 (v) the impact of Medicaid Redesign Team and/or one-time initiatives. 20 Information required by paragraphs (a) and (b) of this subdivision 21 shall be provided to the chairs of the senate finance and the assembly 22 ways and means committees, and shall be posted on the department of 23 health's website in the timely manner. 24 (e) Beginning on July 1, 2014, additional information required by 25 paragraphs (c) and (d) of this subdivision shall be provided to the 26 governor, the temporary president of the senate, the speaker of the 27 assembly, the chair of the senate finance committee, the chair of the 28 assembly ways and means committee, and the chairs of the senate and 29 assembly health committees. 30 (f) any projected Medicaid savings determined by the commissioner of 31 health pursuant to section 34 of part C of a chapter of the laws of 32 2014, relating to the implementation of the health and mental hygiene 33 budget, and the proposed allocation plan spending adjustment with regard 34 to such savings. 35 (g) any material impact to the global cap annual projection, along 36 with an explanation of the variance from the projection at the time of 37 the enacted budget. Such material impacts shall include, but not be 38 limited to, policy and programmatic changes, significant transactions, 39 and any actions taken, administrative or otherwise, which would mate- 40 rially impact expenditures under the global cap. Reporting requirements 41 under this paragraph shall include material impacts from the preceding 42 [month] quarter and any anticipated material impacts for the [month] 43 quarter in which the report required under this subdivision is issued, 44 as well as anticipated material impacts for the [month] quarter subse- 45 quent to such report. 46 § 3. This act shall take effect immediately. 47 PART B 48 Intentionally Omitted 49 PART C 50 Section 1. Section 1 of part FFF of chapter 56 of the laws of 2020 51 relating to directing the department of health to remove the pharmacy 52 benefit from the managed care benefit package and to provide the pharma-S. 2507--C 6 A. 3007--C 1 cy benefit under the fee for service program, is amended to read as 2 follows: 3 Section 1. The Legislature hereby finds and declares that medical 4 assistance for needy persons is a matter of public concern and a neces- 5 sity in promoting the public health and welfare and for promoting the 6 state's goal of making available to everyone, regardless of race, age, 7 gender, national origin or economic standing, uniform, high-quality 8 medical care. As the department of health is the single state agency 9 responsible for supervising the administration of the state's medical 10 assistance program (Medicaid), it is tasked with ensuring efficiency, 11 economy, and quality of care in providing benefits to the state's needy 12 persons. To this end and with the fiscal constraints facing our state in 13 mind, the department of health continues to analyze the Medicaid program 14 in search of ways to ensure Medicaid spending is held to the standard of 15 efficiency, economy, and quality of care. In consideration of this stan- 16 dard, the department of health is hereby directed to exercise its exist- 17 ing administrative authority to remove the pharmacy benefit from managed 18 care benefit package and instead provide the pharmacy benefit under the 19 fee for service program, except where otherwise required by federal law, 20 to ensure transparency and that the benefit is provided to the fullest 21 extent and as efficiently as possible; provided, however, that the 22 department of health shall not implement the transition of the pharmacy 23 benefit from the managed care benefit package to the fee for service 24 program sooner than April 1, [2021] 2023, and until it is satisfied that 25 all necessary and appropriate transition planning has occurred, in its 26 sole discretion, and federal approvals have been obtained and prepara- 27 tions have been made. Furthermore, to ensure an orderly transition, 28 continued access to medications, and appropriate patient education and 29 support, the department may establish uniform standards, payment poli- 30 cies and reimbursement methodologies for any sites where drugs may be 31 administered or dispensed under the fee for service program; provided 32 that, subject to the availability of federal financial participation, 33 when reimbursing covered entities, as defined under section 340B of the 34 public health service act (42 U.S.C. §256b), for drugs that would other- 35 wise be eligible for pricing under section 340B of the public health 36 service act, the department shall examine all reasonably available meth- 37 ods for determining actual acquisition cost and the professional 38 dispensing fee and, beginning in the fiscal year starting April 1, 39 [2021] 2023, review and adjust reimbursement for such drugs such that no 40 sooner than April 1, [2023] 2025, reimbursement shall be determined 41 based on a method that the commissioner determines that utilizes the 42 actual acquisition costs and professional dispensing fee. 43 § 2. This act shall take effect immediately and shall be deemed to 44 have been in full force and effect on and after April 1, 2021. 45 PART D 46 Section 1. Paragraph (c) of subdivision 8 of section 2807-c of the 47 public health law, as amended by section 2 of part KK of chapter 56 of 48 the laws of 2020, is amended to read as follows: 49 (c) In order to reconcile capital related inpatient expenses included 50 in rates of payment based on a budget to actual expenses and statistics 51 for the rate period for a general hospital, rates of payment for a 52 general hospital shall be adjusted to reflect the dollar value of the 53 difference between capital related inpatient expenses included in the 54 computation of rates of payment for a prior rate period based on a budg-S. 2507--C 7 A. 3007--C 1 et and actual capital related inpatient expenses for such prior rate 2 period, each as determined in accordance with paragraph (a) of this 3 subdivision, adjusted to reflect increases or decreases in volume of 4 service in such prior rate period compared to statistics applied in 5 determining the capital related inpatient expenses component of rates of 6 payment based on a budget for such prior rate period. For rates effec- 7 tive [on and after] April first, two thousand twenty through March thir- 8 ty-first, two thousand twenty-one, the budgeted capital-related expenses 9 add-on as described in paragraph (a) of this subdivision, based on a 10 budget submitted in accordance to paragraph (a) of this subdivision, 11 shall be reduced by five percent relative to the rate in effect on such 12 date; and the actual capital expenses add-on as described in paragraph 13 (a) of this subdivision, based on actual expenses and statistics through 14 appropriate audit procedures in accordance with paragraph (a) of this 15 subdivision shall be reduced by five percent relative to the rate in 16 effect on such date. For rates effective on and after April first, two 17 thousand twenty-one, the budgeted capital-related expenses add-on as 18 described in paragraph (a) of this subdivision, based on a budget 19 submitted in accordance to paragraph (a) of this subdivision, shall be 20 reduced by ten percent relative to the rate in effect on such date; and 21 the actual capital expenses add-on as described in paragraph (a) of this 22 subdivision, based on actual expenses and statistics through appropriate 23 audit procedures in accordance with paragraph (a) of this subdivision 24 shall be reduced by ten percent relative to the rate in effect on such 25 date. For any rate year, all reconciliation add-on amounts calculated on 26 and after April first, two thousand twenty shall be reduced by ten 27 percent, and all reconciliation recoupment amounts calculated on or 28 after April first, two thousand twenty shall increase by ten percent. 29 Notwithstanding any inconsistent provision of subparagraph (i) of para- 30 graph (e) of subdivision nine of this section, capital related inpatient 31 expenses of a general hospital included in the computation of rates of 32 payment based on a budget shall not be included in the computation of a 33 volume adjustment made in accordance with such subparagraph. Adjustments 34 to rates of payment for a general hospital made pursuant to this para- 35 graph shall be made in accordance with paragraph (c) of subdivision 36 eleven of this section. Such adjustments shall not be carried forward 37 except for such volume adjustment as may be authorized in accordance 38 with subparagraph (i) of paragraph (e) of subdivision nine of this 39 section for such general hospital. 40 § 2. This act shall take effect immediately and shall be deemed to 41 have been in full force and effect on and after April 1, 2021. 42 PART E 43 Intentionally Omitted 44 PART F 45 Section 1. Subdivision 1 of section 2999-cc of the public health law, 46 as added by chapter 6 of the laws of 2015, is amended to read as 47 follows: 48 1. "Distant site" means a site at which a telehealth provider is 49 located while delivering health care services by means of telehealth. 50 Any site within the United States or United States' territories is 51 eligible to be a distant site for delivery and payment purposes.S. 2507--C 8 A. 3007--C 1 § 2. Subdivision 3 of section 2999-cc of the public health law, as 2 amended by section 2 of subpart C of part S of chapter 57 of the laws of 3 2018, is amended to read as follows: 4 3. "Originating site" means a site at which a patient is located at 5 the time health care services are delivered to him or her by means of 6 telehealth. [Originating sites shall be limited to: (a) facilities7licensed under articles twenty-eight and forty of this chapter; (b)8facilities as defined in subdivision six of section 1.03 of the mental9hygiene law; (c) certified and non-certified day and residential10programs funded or operated by the office for people with developmental11disabilities; (d) private physician's or dentist's offices located with-12in the state of New York; (e) any type of adult care facility licensed13under title two of article seven of the social services law; (f) public,14private and charter elementary and secondary schools, school age child15care programs, and child day care centers within the state of New York;16and (g) the patient's place of residence located within the state of New17York or other temporary location located within or outside the state of18New York.] 19 § 3. Paragraphs (w) and (x) of subdivision 2 of section 2999-cc of the 20 public health law, as amended by section 1 of part HH of chapter 56 of 21 the laws of 2020, are amended to read as follows: 22 (w) a care manager employed by or under contract to a health home 23 program, patient centered medical home, office for people with develop- 24 mental disabilities Care Coordination Organization (CCO), hospice or a 25 voluntary foster care agency certified by the office of children and 26 family services certified and licensed pursuant to article twenty-nine-i 27 of this chapter; [and] 28 (x) certified peer recovery advocate services providers certified by 29 the commissioner of addiction services and supports pursuant to section 30 19.18-b of the mental hygiene law, peer providers credentialed by the 31 commissioner of addiction services and supports and peers certified or 32 credentialed by the office of mental health; and 33 (y) any other provider as determined by the commissioner pursuant to 34 regulation or, in consultation with the commissioner, by the commission- 35 er of the office of mental health, the commissioner of the office of 36 addiction services and supports, or the commissioner of the office for 37 people with developmental disabilities pursuant to regulation. 38 § 4. This act shall take effect April 1, 2021; provided, however, if 39 this act shall have become a law after such date it shall take effect 40 immediately and shall be deemed to have been in full force and effect on 41 and after April 1, 2021. 42 PART G 43 Section 1. The public health law is amended by adding a new article 44 29-J to read as follows: 45 ARTICLE 29-J 46 MEDICAL RESPITE PROGRAM 47 Section 2999-hh. Medical respite program. 48 § 2999-hh. Medical respite program. 1. Definitions. As used in this 49 article, the following terms shall have the following meanings, unless 50 the context clearly otherwise requires: 51 (a) "Medical respite program" means a not-for-profit corporation 52 certified pursuant to subdivision two of this section to serve recipi- 53 ents whose prognosis or diagnosis necessitates the receipt of: 54 (i) Temporary room and board; andS. 2507--C 9 A. 3007--C 1 (ii) The provision or arrangement of the provision of health care and 2 support services; provided, however, that the operation of a medical 3 respite program shall be separate and distinct from any housing programs 4 offered to individuals who do not qualify as recipients. 5 (b) "Recipient" means an individual who: 6 (i) Has a qualifying health condition that requires treatment or care; 7 (ii) Does not require hospital inpatient, observation unit, or emer- 8 gency room level of care, or a medically indicated emergency department 9 or observation visit; and 10 (iii) Is experiencing homelessness or at imminent risk of homeless- 11 ness. A person shall be deemed "homeless" if they lack a fixed, regular 12 and adequate nighttime residence in a location ordinarily used as a 13 regular sleeping accommodation for people; provided, however, that an 14 operator of a medical respite program shall be permitted to specialize 15 by providing services to a subpopulation of homeless recipients if 16 necessary to respond to community need or ensure the availability of a 17 funding source that will support the medical respite program's oper- 18 ations, and such limitations are otherwise consistent with any rules or 19 regulations made pursuant to this section. 20 2. Certification. (a) Notwithstanding any inconsistent provision of 21 law, the commissioner may certify a not-for-profit corporation as an 22 operator of a medical respite program. 23 (b) The commissioner may make regulations to establish procedures to 24 review and approve applications for a certification pursuant to this 25 article, which shall, at a minimum, specify standards for: recipient 26 eligibility; medical respite program services that shall be provided; 27 physical environment; staffing; and policies and procedures governing 28 health and safety, length of stay, referrals, discharge, and coordi- 29 nation of care. 30 3. Operating standards; responsibility for standards. (a) Medical 31 respite programs certified pursuant to this article shall: 32 (i) Provide recipients with temporary room and board; and 33 (ii) Provide, or arrange for the provision of, health care and support 34 services to recipients. 35 (b) Nothing in this article shall affect the application, qualifica- 36 tion, or requirements that may apply to an operator with respect to any 37 other licenses or operating certificates that such operator may hold, 38 including, without limitation, under article twenty-eight of this chap- 39 ter or article seven of the social services law. 40 4. Temporary accommodation. A medical respite program shall be consid- 41 ered a form of emergency shelter or temporary shelter for purposes of 42 determining a recipient's eligibility for housing programs or benefits 43 administered by the state or by a local social services district, 44 including programs or benefits that support access to accommodations of 45 a temporary, transitional, or permanent nature. No claim of recovery 46 shall accrue against a recipient to recover the cost of care and 47 services provided under this article. Care and services provided under 48 this article shall not be deemed public benefits that would affect a 49 recipient's immigration status under federal law. 50 5. Inspections and compliance. The commissioner shall have the author- 51 ity to inquire into the operation of any certified medical respite 52 program and to conduct periodic inspections of facilities with respect 53 to the fitness and adequacy of the premises, equipment, personnel, rules 54 and by-laws, standards of medical care and services, system of accounts, 55 records, and the adequacy of financial resources and sources of future 56 revenues.S. 2507--C 10 A. 3007--C 1 6. Suspension or revocation of certification. (a) A certification for 2 a medical respite program may be revoked, suspended, limited, annulled 3 or denied by the commissioner, in consultation with either the commis- 4 sioners of the office of mental health, the office of temporary and 5 disability assistance, or the office of addiction services and supports, 6 as appropriate based on a determination of the department depending on 7 the diagnosis or stated needs of the individuals being served or 8 proposed to be served in the medical respite program, if an operator is 9 determined to have failed to comply with this article or the rules and 10 regulations made pursuant to this section. No action taken against an 11 operator under this subdivision shall affect an operator's other 12 licenses or certifications; provided however, that the facts that gave 13 rise to the revocation, suspension, limitation, annulment or denial of 14 certification may also form the basis of a limitation, suspension of 15 revocation of such other licenses or certifications. 16 (b) No medical respite program certification shall be revoked, 17 suspended, limited, annulled or denied without a hearing; provided that 18 a certification may be temporarily suspended or limited without a hear- 19 ing for a period not in excess of thirty days upon written notice that 20 the continuation of the medical respite program places the health or 21 safety of the recipients in imminent danger, and that the action is in 22 the interest of the recipients. However, the department shall not make 23 a determination until the program has had a reasonable opportunity, 24 following the initial determination that the program places the health 25 or safety of the recipients in imminent danger, to correct its deficien- 26 cies and following this period, which shall be up to thirty calendar 27 days, has been given written notice and opportunity for hearing. 28 (c) Nothing in this section shall prevent the commissioner from impos- 29 ing sanctions or penalties on a medical respite program that are author- 30 ized under any other law or regulation. 31 7. The commissioner shall promulgate regulations to implement this 32 article. 33 § 2. This act shall take effect immediately and shall be deemed to 34 have been in full force and effect on and after April 1, 2021. 35 PART H 36 Section 1. The title heading of title 11-D of article 5 of the social 37 services law, as added by chapter 1 of the laws of 1999, is amended to 38 read as follows: 39 [FAMILY] BASIC HEALTH [PLUS] PROGRAM 40 § 2. Paragraphs (c) and (e) of subdivision 1, paragraph (d) of subdi- 41 vision 3, subdivision 5 and subdivision 7 of section 369-gg of the 42 social services law, as added by section 51 of part C of chapter 60 of 43 the laws of 2014 and subdivision 7 as renumbered by section 28 of part B 44 of chapter 57 of the laws of 2015, are amended to read as follows: 45 (c) "Health care services" means (i) the services and supplies as 46 defined by the commissioner in consultation with the superintendent of 47 financial services, and shall be consistent with and subject to the 48 essential health benefits as defined by the commissioner in accordance 49 with the provisions of the patient protection and affordable care act 50 (P.L. 111-148) and consistent with the benefits provided by the refer- 51 ence plan selected by the commissioner for the purposes of defining such 52 benefits[;], and (ii) dental and vision services as defined by the 53 commissioner;S. 2507--C 11 A. 3007--C 1 (e) "Basic health insurance plan" means a standard health plan provid- 2 ing health care services, separate and apart from qualified health 3 plans, that is issued by an approved organization and certified in 4 accordance with this section. 5 (d) (i) has household income at or below two hundred percent of the 6 federal poverty line defined and annually revised by the United States 7 department of health and human services for a household of the same 8 size; and (ii) has household income that exceeds one hundred thirty- 9 three percent of the federal poverty line defined and annually revised 10 by the United States department of health and human services for a 11 household of the same size; however, MAGI eligible aliens lawfully pres- 12 ent in the United States with household incomes at or below one hundred 13 thirty-three percent of the federal poverty line shall be eligible to 14 receive coverage for health care services pursuant to the provisions of 15 this title if such alien would be ineligible for medical assistance 16 under title eleven of this article due to his or her immigration status. 17 An applicant who fails to make an applicable premium payment, if any, 18 shall lose eligibility to receive coverage for health care services in 19 accordance with time frames and procedures determined by the commission- 20 er. 21 5. Premiums and cost sharing. (a) Subject to federal approval, the 22 commissioner shall establish premium payments enrollees shall pay to 23 approved organizations for coverage of health care services pursuant to 24 this title. [Such premium payments shall be established in the following25manner:26(i) up to twenty dollars monthly for an individual with a household27income above one hundred and fifty percent of the federal poverty line28but at or below two hundred percent of the federal poverty line defined29and annually revised by the United States department of health and human30services for a household of the same size; and31(ii) no] No payment is required for individuals with a household 32 income at or below [one hundred and fifty] two hundred percent of the 33 federal poverty line defined and annually revised by the United States 34 department of health and human services for a household of the same 35 size. 36 (b) The commissioner shall establish cost sharing obligations for 37 enrollees, subject to federal approval. There shall be no cost-sharing 38 obligations for enrollees for dental and vision services as defined in 39 subparagraph (ii) of paragraph (c) of subdivision one of this section. 40 7. Any funds transferred by the secretary of health and human services 41 to the state pursuant to 42 U.S.C. 18051(d) shall be deposited in trust. 42 Funds from the trust shall be used for providing health benefits through 43 an approved organization, which, at a minimum, shall include essential 44 health benefits as defined in 42 U.S.C. 18022(b); to reduce the 45 premiums, if any, and cost sharing of participants in the basic health 46 program; or for such other purposes as may be allowed by the secretary 47 of health and human services. Health benefits available through the 48 basic health program shall be provided by one or more approved organiza- 49 tions pursuant to an agreement with the department of health and shall 50 meet the requirements of applicable federal and state laws and regu- 51 lations. 52 § 3. This act shall take effect June 1, 2021 and shall expire and be 53 deemed repealed should federal approval be withdrawn or 42 U.S.C. 18051 54 be repealed; provided that the commissioner of health shall notify the 55 legislative bill drafting commission upon the withdrawal of federal 56 approval or the repeal of 42 U.S.C. 18051 in order that the commissionS. 2507--C 12 A. 3007--C 1 may maintain an accurate and timely effective data base of the official 2 text of the laws of the state of New York in furtherance of effectuating 3 the provisions of section 44 of the legislative law and section 70-b of 4 the public officers law. 5 PART I 6 Intentionally Omitted 7 PART J 8 Intentionally Omitted 9 PART K 10 Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266 11 of the laws of 1986, amending the civil practice law and rules and other 12 laws relating to malpractice and professional medical conduct, as 13 amended by section 1 of part AAA of chapter 56 of the laws of 2020, is 14 amended to read as follows: 15 (a) The superintendent of financial services and the commissioner of 16 health or their designee shall, from funds available in the hospital 17 excess liability pool created pursuant to subdivision 5 of this section, 18 purchase a policy or policies for excess insurance coverage, as author- 19 ized by paragraph 1 of subsection (e) of section 5502 of the insurance 20 law; or from an insurer, other than an insurer described in section 5502 21 of the insurance law, duly authorized to write such coverage and actual- 22 ly writing medical malpractice insurance in this state; or shall 23 purchase equivalent excess coverage in a form previously approved by the 24 superintendent of financial services for purposes of providing equiv- 25 alent excess coverage in accordance with section 19 of chapter 294 of 26 the laws of 1985, for medical or dental malpractice occurrences between 27 July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988, 28 between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 29 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 30 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 31 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, 32 between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 33 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 34 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 35 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, 36 between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 37 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 38 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 39 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, 40 between July 1, 2009 and June 30, 2010, between July 1, 2010 and June 41 30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012 42 and June 30, 2013, between July 1, 2013 and June 30, 2014, between July 43 1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016, 44 between July 1, 2016 and June 30, 2017, between July 1, 2017 and June 45 30, 2018, between July 1, 2018 and June 30, 2019, between July 1, 2019 46 and June 30, 2020, [and] between July 1, 2020 and June 30, 2021, and 47 between July 1, 2021 and June 30, 2022 or reimburse the hospital where 48 the hospital purchases equivalent excess coverage as defined in subpara- 49 graph (i) of paragraph (a) of subdivision 1-a of this section for 50 medical or dental malpractice occurrences between July 1, 1987 and JuneS. 2507--C 13 A. 3007--C 1 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 2 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 3 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, 4 between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 5 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 6 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 7 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, 8 between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 9 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 10 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 11 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, 12 between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 13 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010 14 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July 15 1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014, 16 between July 1, 2014 and June 30, 2015, between July 1, 2015 and June 17 30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017 18 and June 30, 2018, between July 1, 2018 and June 30, 2019, between July 19 1, 2019 and June 30, 2020, [and] between July 1, 2020 and June 30, 2021, 20 and between July 1, 2021 and June 30, 2022 for physicians or dentists 21 certified as eligible for each such period or periods pursuant to subdi- 22 vision 2 of this section by a general hospital licensed pursuant to 23 article 28 of the public health law; provided that no single insurer 24 shall write more than fifty percent of the total excess premium for a 25 given policy year; and provided, however, that such eligible physicians 26 or dentists must have in force an individual policy, from an insurer 27 licensed in this state of primary malpractice insurance coverage in 28 amounts of no less than one million three hundred thousand dollars for 29 each claimant and three million nine hundred thousand dollars for all 30 claimants under that policy during the period of such excess coverage 31 for such occurrences or be endorsed as additional insureds under a 32 hospital professional liability policy which is offered through a volun- 33 tary attending physician ("channeling") program previously permitted by 34 the superintendent of financial services during the period of such 35 excess coverage for such occurrences. During such period, such policy 36 for excess coverage or such equivalent excess coverage shall, when 37 combined with the physician's or dentist's primary malpractice insurance 38 coverage or coverage provided through a voluntary attending physician 39 ("channeling") program, total an aggregate level of two million three 40 hundred thousand dollars for each claimant and six million nine hundred 41 thousand dollars for all claimants from all such policies with respect 42 to occurrences in each of such years provided, however, if the cost of 43 primary malpractice insurance coverage in excess of one million dollars, 44 but below the excess medical malpractice insurance coverage provided 45 pursuant to this act, exceeds the rate of nine percent per annum, then 46 the required level of primary malpractice insurance coverage in excess 47 of one million dollars for each claimant shall be in an amount of not 48 less than the dollar amount of such coverage available at nine percent 49 per annum; the required level of such coverage for all claimants under 50 that policy shall be in an amount not less than three times the dollar 51 amount of coverage for each claimant; and excess coverage, when combined 52 with such primary malpractice insurance coverage, shall increase the 53 aggregate level for each claimant by one million dollars and three 54 million dollars for all claimants; and provided further, that, with 55 respect to policies of primary medical malpractice coverage that include 56 occurrences between April 1, 2002 and June 30, 2002, such requirementS. 2507--C 14 A. 3007--C 1 that coverage be in amounts no less than one million three hundred thou- 2 sand dollars for each claimant and three million nine hundred thousand 3 dollars for all claimants for such occurrences shall be effective April 4 1, 2002. 5 § 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986, 6 amending the civil practice law and rules and other laws relating to 7 malpractice and professional medical conduct, as amended by section 2 of 8 part AAA of chapter 56 of the laws of 2020, is amended to read as 9 follows: 10 (3)(a) The superintendent of financial services shall determine and 11 certify to each general hospital and to the commissioner of health the 12 cost of excess malpractice insurance for medical or dental malpractice 13 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988 14 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 15 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, 16 between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 17 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 18 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 19 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, 20 between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 21 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 22 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 23 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, 24 between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 25 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 26 and June 30, 2010, between July 1, 2010 and June 30, 2011, between July 27 1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013, [and] 28 between July 1, 2013 and June 30, 2014, between July 1, 2014 and June 29 30, 2015, between July 1, 2015 and June 30, 2016, [and] between July 1, 30 2016 and June 30, 2017, between July 1, 2017 and June 30, 2018, between 31 July 1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020, 32 [and] between July 1, 2020 and June 30, 2021, and between July 1, 2021 33 and June 30, 2022 allocable to each general hospital for physicians or 34 dentists certified as eligible for purchase of a policy for excess 35 insurance coverage by such general hospital in accordance with subdivi- 36 sion 2 of this section, and may amend such determination and certif- 37 ication as necessary. 38 (b) The superintendent of financial services shall determine and 39 certify to each general hospital and to the commissioner of health the 40 cost of excess malpractice insurance or equivalent excess coverage for 41 medical or dental malpractice occurrences between July 1, 1987 and June 42 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 43 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 44 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, 45 between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 46 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 47 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 48 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, 49 between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 50 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 51 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 52 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, 53 between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 54 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010 55 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July 56 1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,S. 2507--C 15 A. 3007--C 1 between July 1, 2014 and June 30, 2015, between July 1, 2015 and June 2 30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017 3 and June 30, 2018, between July 1, 2018 and June 30, 2019, between July 4 1, 2019 and June 30, 2020, [and] between July 1, 2020 and June 30, 2021, 5 and between July 1, 2021 and June 30, 2022 allocable to each general 6 hospital for physicians or dentists certified as eligible for purchase 7 of a policy for excess insurance coverage or equivalent excess coverage 8 by such general hospital in accordance with subdivision 2 of this 9 section, and may amend such determination and certification as neces- 10 sary. The superintendent of financial services shall determine and 11 certify to each general hospital and to the commissioner of health the 12 ratable share of such cost allocable to the period July 1, 1987 to 13 December 31, 1987, to the period January 1, 1988 to June 30, 1988, to 14 the period July 1, 1988 to December 31, 1988, to the period January 1, 15 1989 to June 30, 1989, to the period July 1, 1989 to December 31, 1989, 16 to the period January 1, 1990 to June 30, 1990, to the period July 1, 17 1990 to December 31, 1990, to the period January 1, 1991 to June 30, 18 1991, to the period July 1, 1991 to December 31, 1991, to the period 19 January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December 20 31, 1992, to the period January 1, 1993 to June 30, 1993, to the period 21 July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June 22 30, 1994, to the period July 1, 1994 to December 31, 1994, to the period 23 January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December 24 31, 1995, to the period January 1, 1996 to June 30, 1996, to the period 25 July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June 26 30, 1997, to the period July 1, 1997 to December 31, 1997, to the period 27 January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December 28 31, 1998, to the period January 1, 1999 to June 30, 1999, to the period 29 July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June 30 30, 2000, to the period July 1, 2000 to December 31, 2000, to the period 31 January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30, 32 2002, to the period July 1, 2002 to June 30, 2003, to the period July 1, 33 2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to 34 the period July 1, 2005 and June 30, 2006, to the period July 1, 2006 35 and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the 36 period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and 37 June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the 38 period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and 39 June 30, 2013, to the period July 1, 2013 and June 30, 2014, to the 40 period July 1, 2014 and June 30, 2015, to the period July 1, 2015 and 41 June 30, 2016, to the period July 1, 2016 and June 30, 2017, to the 42 period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June 43 30, 2019, to the period July 1, 2019 to June 30, 2020, [and] to the 44 period July 1, 2020 to June 30, 2021, and to the period July 1, 2021 to 45 June 30, 2022. 46 § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section 47 18 of chapter 266 of the laws of 1986, amending the civil practice law 48 and rules and other laws relating to malpractice and professional 49 medical conduct, as amended by section 3 of part AAA of chapter 56 of 50 the laws of 2020, are amended to read as follows: 51 (a) To the extent funds available to the hospital excess liability 52 pool pursuant to subdivision 5 of this section as amended, and pursuant 53 to section 6 of part J of chapter 63 of the laws of 2001, as may from 54 time to time be amended, which amended this subdivision, are insuffi- 55 cient to meet the costs of excess insurance coverage or equivalent 56 excess coverage for coverage periods during the period July 1, 1992 toS. 2507--C 16 A. 3007--C 1 June 30, 1993, during the period July 1, 1993 to June 30, 1994, during 2 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995 3 to June 30, 1996, during the period July 1, 1996 to June 30, 1997, 4 during the period July 1, 1997 to June 30, 1998, during the period July 5 1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30, 6 2000, during the period July 1, 2000 to June 30, 2001, during the period 7 July 1, 2001 to October 29, 2001, during the period April 1, 2002 to 8 June 30, 2002, during the period July 1, 2002 to June 30, 2003, during 9 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004 10 to June 30, 2005, during the period July 1, 2005 to June 30, 2006, 11 during the period July 1, 2006 to June 30, 2007, during the period July 12 1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30, 13 2009, during the period July 1, 2009 to June 30, 2010, during the period 14 July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June 15 30, 2012, during the period July 1, 2012 to June 30, 2013, during the 16 period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to 17 June 30, 2015, during the period July 1, 2015 to June 30, 2016, during 18 the period July 1, 2016 to June 30, 2017, during the period July 1, 2017 19 to June 30, 2018, during the period July 1, 2018 to June 30, 2019, 20 during the period July 1, 2019 to June 30, 2020, [and] during the period 21 July 1, 2020 to June 30, 2021, and during the period July 1, 2021 to 22 June 30, 2022 allocated or reallocated in accordance with paragraph (a) 23 of subdivision 4-a of this section to rates of payment applicable to 24 state governmental agencies, each physician or dentist for whom a policy 25 for excess insurance coverage or equivalent excess coverage is purchased 26 for such period shall be responsible for payment to the provider of 27 excess insurance coverage or equivalent excess coverage of an allocable 28 share of such insufficiency, based on the ratio of the total cost of 29 such coverage for such physician to the sum of the total cost of such 30 coverage for all physicians applied to such insufficiency. 31 (b) Each provider of excess insurance coverage or equivalent excess 32 coverage covering the period July 1, 1992 to June 30, 1993, or covering 33 the period July 1, 1993 to June 30, 1994, or covering the period July 1, 34 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 35 1996, or covering the period July 1, 1996 to June 30, 1997, or covering 36 the period July 1, 1997 to June 30, 1998, or covering the period July 1, 37 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 38 2000, or covering the period July 1, 2000 to June 30, 2001, or covering 39 the period July 1, 2001 to October 29, 2001, or covering the period 40 April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to 41 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or 42 covering the period July 1, 2004 to June 30, 2005, or covering the peri- 43 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to 44 June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or 45 covering the period July 1, 2008 to June 30, 2009, or covering the peri- 46 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to 47 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or 48 covering the period July 1, 2012 to June 30, 2013, or covering the peri- 49 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to 50 June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or 51 covering the period July 1, 2016 to June 30, 2017, or covering the peri- 52 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to 53 June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or 54 covering the period July 1, 2020 to June 30, 2021, or covering the peri- 55 od July 1, 2021 to June 30, 2022 shall notify a covered physician or 56 dentist by mail, mailed to the address shown on the last application forS. 2507--C 17 A. 3007--C 1 excess insurance coverage or equivalent excess coverage, of the amount 2 due to such provider from such physician or dentist for such coverage 3 period determined in accordance with paragraph (a) of this subdivision. 4 Such amount shall be due from such physician or dentist to such provider 5 of excess insurance coverage or equivalent excess coverage in a time and 6 manner determined by the superintendent of financial services. 7 (c) If a physician or dentist liable for payment of a portion of the 8 costs of excess insurance coverage or equivalent excess coverage cover- 9 ing the period July 1, 1992 to June 30, 1993, or covering the period 10 July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to 11 June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or 12 covering the period July 1, 1996 to June 30, 1997, or covering the peri- 13 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to 14 June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or 15 covering the period July 1, 2000 to June 30, 2001, or covering the peri- 16 od July 1, 2001 to October 29, 2001, or covering the period April 1, 17 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 18 2003, or covering the period July 1, 2003 to June 30, 2004, or covering 19 the period July 1, 2004 to June 30, 2005, or covering the period July 1, 20 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 21 2007, or covering the period July 1, 2007 to June 30, 2008, or covering 22 the period July 1, 2008 to June 30, 2009, or covering the period July 1, 23 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 24 2011, or covering the period July 1, 2011 to June 30, 2012, or covering 25 the period July 1, 2012 to June 30, 2013, or covering the period July 1, 26 2013 to June 30, 2014, or covering the period July 1, 2014 to June 30, 27 2015, or covering the period July 1, 2015 to June 30, 2016, or covering 28 the period July 1, 2016 to June 30, 2017, or covering the period July 1, 29 2017 to June 30, 2018, or covering the period July 1, 2018 to June 30, 30 2019, or covering the period July 1, 2019 to June 30, 2020, or covering 31 the period July 1, 2020 to June 30, 2021, or covering the period July 1, 32 2021 to June 30, 2022 determined in accordance with paragraph (a) of 33 this subdivision fails, refuses or neglects to make payment to the 34 provider of excess insurance coverage or equivalent excess coverage in 35 such time and manner as determined by the superintendent of financial 36 services pursuant to paragraph (b) of this subdivision, excess insurance 37 coverage or equivalent excess coverage purchased for such physician or 38 dentist in accordance with this section for such coverage period shall 39 be cancelled and shall be null and void as of the first day on or after 40 the commencement of a policy period where the liability for payment 41 pursuant to this subdivision has not been met. 42 (d) Each provider of excess insurance coverage or equivalent excess 43 coverage shall notify the superintendent of financial services and the 44 commissioner of health or their designee of each physician and dentist 45 eligible for purchase of a policy for excess insurance coverage or 46 equivalent excess coverage covering the period July 1, 1992 to June 30, 47 1993, or covering the period July 1, 1993 to June 30, 1994, or covering 48 the period July 1, 1994 to June 30, 1995, or covering the period July 1, 49 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30, 50 1997, or covering the period July 1, 1997 to June 30, 1998, or covering 51 the period July 1, 1998 to June 30, 1999, or covering the period July 1, 52 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 53 2001, or covering the period July 1, 2001 to October 29, 2001, or cover- 54 ing the period April 1, 2002 to June 30, 2002, or covering the period 55 July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to 56 June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, orS. 2507--C 18 A. 3007--C 1 covering the period July 1, 2005 to June 30, 2006, or covering the peri- 2 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to 3 June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or 4 covering the period July 1, 2009 to June 30, 2010, or covering the peri- 5 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to 6 June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or 7 covering the period July 1, 2013 to June 30, 2014, or covering the peri- 8 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to 9 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or 10 covering the period July 1, 2017 to June 30, 2018, or covering the peri- 11 od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to 12 June 30, 2020, or covering the period July 1, 2020 to June 30, 2021, or 13 covering the period July 1, 2021 to June 30, 2022 that has made payment 14 to such provider of excess insurance coverage or equivalent excess 15 coverage in accordance with paragraph (b) of this subdivision and of 16 each physician and dentist who has failed, refused or neglected to make 17 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, to the period July 1, 2016 to June 30, 2017, and 38 to the period July 1, 2017 to June 30, 2018, and to the period July 1, 39 2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020, 40 and to the period July 1, 2020 to June 30, 2021, and to the period July 41 1, 2021 to June 30, 2022 received from the hospital excess liability 42 pool for purchase of excess insurance coverage or equivalent excess 43 coverage covering the period July 1, 1992 to June 30, 1993, and covering 44 the period July 1, 1993 to June 30, 1994, and covering the period July 45 1, 1994 to June 30, 1995, and covering the period July 1, 1995 to June 46 30, 1996, and covering the period July 1, 1996 to June 30, 1997, and 47 covering the period July 1, 1997 to June 30, 1998, and covering the 48 period July 1, 1998 to June 30, 1999, and covering the period July 1, 49 1999 to June 30, 2000, and covering the period July 1, 2000 to June 30, 50 2001, and covering the period July 1, 2001 to October 29, 2001, and 51 covering the period April 1, 2002 to June 30, 2002, and covering the 52 period July 1, 2002 to June 30, 2003, and covering the period July 1, 53 2003 to June 30, 2004, and covering the period July 1, 2004 to June 30, 54 2005, and covering the period July 1, 2005 to June 30, 2006, and cover- 55 ing the period July 1, 2006 to June 30, 2007, and covering the period 56 July 1, 2007 to June 30, 2008, and covering the period July 1, 2008 toS. 2507--C 19 A. 3007--C 1 June 30, 2009, and covering the period July 1, 2009 to June 30, 2010, 2 and covering the period July 1, 2010 to June 30, 2011, and covering the 3 period July 1, 2011 to June 30, 2012, and covering the period July 1, 4 2012 to June 30, 2013, and covering the period July 1, 2013 to June 30, 5 2014, and covering the period July 1, 2014 to June 30, 2015, and cover- 6 ing the period July 1, 2015 to June 30, 2016, and covering the period 7 July 1, 2016 to June 30, 2017, and covering the period July 1, 2017 to 8 June 30, 2018, and covering the period July 1, 2018 to June 30, 2019, 9 and covering the period July 1, 2019 to June 30, 2020, and covering the 10 period July 1, 2020 to June 30, 2021, and covering the period July 1, 11 2021 to June 30, 2022 for a physician or dentist where such excess 12 insurance coverage or equivalent excess coverage is cancelled in accord- 13 ance with paragraph (c) of this subdivision. 14 § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil 15 practice law and rules and other laws relating to malpractice and 16 professional medical conduct, as amended by section 5 of part AAA of 17 chapter 56 of the laws of 2020, is amended to read as follows: 18 § 40. The superintendent of financial services shall establish rates 19 for policies providing coverage for physicians and surgeons medical 20 malpractice for the periods commencing July 1, 1985 and ending June 30, 21 [2021] 2022; provided, however, that notwithstanding any other provision 22 of law, the superintendent shall not establish or approve any increase 23 in rates for the period commencing July 1, 2009 and ending June 30, 24 2010. The superintendent shall direct insurers to establish segregated 25 accounts for premiums, payments, reserves and investment income attrib- 26 utable to such premium periods and shall require periodic reports by the 27 insurers regarding claims and expenses attributable to such periods to 28 monitor whether such accounts will be sufficient to meet incurred claims 29 and expenses. On or after July 1, 1989, the superintendent shall impose 30 a surcharge on premiums to satisfy a projected deficiency that is 31 attributable to the premium levels established pursuant to this section 32 for such periods; provided, however, that such annual surcharge shall 33 not exceed eight percent of the established rate until July 1, [2021] 34 2022, at which time and thereafter such surcharge shall not exceed twen- 35 ty-five percent of the approved adequate rate, and that such annual 36 surcharges shall continue for such period of time as shall be sufficient 37 to satisfy such deficiency. The superintendent shall not impose such 38 surcharge during the period commencing July 1, 2009 and ending June 30, 39 2010. On and after July 1, 1989, the surcharge prescribed by this 40 section shall be retained by insurers to the extent that they insured 41 physicians and surgeons during the July 1, 1985 through June 30, [2021] 42 2022 policy periods; in the event and to the extent physicians and 43 surgeons were insured by another insurer during such periods, all or a 44 pro rata share of the surcharge, as the case may be, shall be remitted 45 to such other insurer in accordance with rules and regulations to be 46 promulgated by the superintendent. Surcharges collected from physicians 47 and surgeons who were not insured during such policy periods shall be 48 apportioned among all insurers in proportion to the premium written by 49 each insurer during such policy periods; if a physician or surgeon was 50 insured by an insurer subject to rates established by the superintendent 51 during such policy periods, and at any time thereafter a hospital, 52 health maintenance organization, employer or institution is responsible 53 for responding in damages for liability arising out of such physician's 54 or surgeon's practice of medicine, such responsible entity shall also 55 remit to such prior insurer the equivalent amount that would then be 56 collected as a surcharge if the physician or surgeon had continued toS. 2507--C 20 A. 3007--C 1 remain insured by such prior insurer. In the event any insurer that 2 provided coverage during such policy periods is in liquidation, the 3 property/casualty insurance security fund shall receive the portion of 4 surcharges to which the insurer in liquidation would have been entitled. 5 The surcharges authorized herein shall be deemed to be income earned for 6 the purposes of section 2303 of the insurance law. The superintendent, 7 in establishing adequate rates and in determining any projected defi- 8 ciency pursuant to the requirements of this section and the insurance 9 law, shall give substantial weight, determined in his discretion and 10 judgment, to the prospective anticipated effect of any regulations 11 promulgated and laws enacted and the public benefit of stabilizing 12 malpractice rates and minimizing rate level fluctuation during the peri- 13 od of time necessary for the development of more reliable statistical 14 experience as to the efficacy of such laws and regulations affecting 15 medical, dental or podiatric malpractice enacted or promulgated in 1985, 16 1986, by this act and at any other time. Notwithstanding any provision 17 of the insurance law, rates already established and to be established by 18 the superintendent pursuant to this section are deemed adequate if such 19 rates would be adequate when taken together with the maximum authorized 20 annual surcharges to be imposed for a reasonable period of time whether 21 or not any such annual surcharge has been actually imposed as of the 22 establishment of such rates. 23 § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J of 24 chapter 63 of the laws of 2001, amending chapter 266 of the laws of 25 1986, amending the civil practice law and rules and other laws relating 26 to malpractice and professional medical conduct, as amended by section 6 27 of part AAA of chapter 56 of the laws of 2020, are amended to read as 28 follows: 29 § 5. The superintendent of financial services and the commissioner of 30 health shall determine, no later than June 15, 2002, June 15, 2003, June 31 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008, 32 June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15, 33 2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June 34 15, 2018, June 15, 2019, June 15, 2020, [and] June 15, 2021, and June 35 15, 2022 the amount of funds available in the hospital excess liability 36 pool, created pursuant to section 18 of chapter 266 of the laws of 1986, 37 and whether such funds are sufficient for purposes of purchasing excess 38 insurance coverage for eligible participating physicians and dentists 39 during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 40 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 41 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 42 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 43 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to June 30, 44 2011, or July 1, 2011 to June 30, 2012, or July 1, 2012 to June 30, 45 2013, or July 1, 2013 to June 30, 2014, or July 1, 2014 to June 30, 46 2015, or July 1, 2015 to June 30, 2016, or July 1, 2016 to June 30, 47 2017, or July 1, 2017 to June 30, 2018, or July 1, 2018 to June 30, 48 2019, or July 1, 2019 to June 30, 2020, or July 1, 2020 to June 30, 49 2021, or July 1, 2021 to June 30, 2022 as applicable. 50 (a) This section shall be effective only upon a determination, pursu- 51 ant to section five of this act, by the superintendent of financial 52 services and the commissioner of health, and a certification of such 53 determination to the state director of the budget, the chair of the 54 senate committee on finance and the chair of the assembly committee on 55 ways and means, that the amount of funds in the hospital excess liabil- 56 ity pool, created pursuant to section 18 of chapter 266 of the laws ofS. 2507--C 21 A. 3007--C 1 1986, is insufficient for purposes of purchasing excess insurance cover- 2 age for eligible participating physicians and dentists during the period 3 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 4 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 5 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 6 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to 7 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 8 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30, 9 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30, 10 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30, 11 2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30, 12 2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30, 2022 13 as applicable. 14 (e) The commissioner of health shall transfer for deposit to the 15 hospital excess liability pool created pursuant to section 18 of chapter 16 266 of the laws of 1986 such amounts as directed by the superintendent 17 of financial services for the purchase of excess liability insurance 18 coverage for eligible participating physicians and dentists for the 19 policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 20 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 21 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 22 2007, as applicable, and the cost of administering the hospital excess 23 liability pool for such applicable policy year, pursuant to the program 24 established in chapter 266 of the laws of 1986, as amended, no later 25 than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June 26 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010, 27 June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15, 28 2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June 29 15, 2020, [and] June 15, 2021, and June 15, 2022 as applicable. 30 § 6. Section 20 of part H of chapter 57 of the laws of 2017, amending 31 the New York Health Care Reform Act of 1996 and other laws relating to 32 extending certain provisions thereto, as amended by section 7 of part 33 AAA of chapter 56 of the laws of 2020, is amended to read as follows: 34 § 20. Notwithstanding any law, rule or regulation to the contrary, 35 only physicians or dentists who were eligible, and for whom the super- 36 intendent of financial services and the commissioner of health, or their 37 designee, purchased, with funds available in the hospital excess liabil- 38 ity pool, a full or partial policy for excess coverage or equivalent 39 excess coverage for the coverage period ending the thirtieth of June, 40 two thousand [twenty] twenty-one, shall be eligible to apply for such 41 coverage for the coverage period beginning the first of July, two thou- 42 sand [twenty] twenty-one; provided, however, if the total number of 43 physicians or dentists for whom such excess coverage or equivalent 44 excess coverage was purchased for the policy year ending the thirtieth 45 of June, two thousand [twenty] twenty-one exceeds the total number of 46 physicians or dentists certified as eligible for the coverage period 47 beginning the first of July, two thousand [twenty] twenty-one, then the 48 general hospitals may certify additional eligible physicians or dentists 49 in a number equal to such general hospital's proportional share of the 50 total number of physicians or dentists for whom excess coverage or 51 equivalent excess coverage was purchased with funds available in the 52 hospital excess liability pool as of the thirtieth of June, two thousand 53 [twenty] twenty-one, as applied to the difference between the number of 54 eligible physicians or dentists for whom a policy for excess coverage or 55 equivalent excess coverage was purchased for the coverage period ending 56 the thirtieth of June, two thousand [twenty] twenty-one and the numberS. 2507--C 22 A. 3007--C 1 of such eligible physicians or dentists who have applied for excess 2 coverage or equivalent excess coverage for the coverage period beginning 3 the first of July, two thousand [twenty] twenty-one. 4 § 7. This act shall take effect immediately and shall be deemed to 5 have been in full force and effect on and after April 1, 2021. 6 PART L 7 Intentionally Omitted 8 PART M 9 Section 1. Subdivision 1 of section 265-a of the public health law, as 10 added by section 1 of part H of chapter 58 of the laws of 2007, is 11 amended to read as follows: 12 1. The empire state stem cell board ("board"), comprised of a funding 13 committee and an ethics committee, both of which shall be chaired by the 14 commissioner, is hereby created within the department for the purpose of 15 administering the empire state stem cell trust fund ("fund"), created 16 pursuant to section ninety-nine-p of the state finance law. The board is 17 hereby empowered, subject to annual appropriations and other funding 18 authorized or made available, to make grants to basic, applied, transla- 19 tional or other research and development activities that will advance 20 scientific discoveries in fields related to stem cell biology; provided, 21 however, that the board shall not make any grants on or after April 22 first, two thousand twenty-one. 23 § 2. Section 4 of part H of chapter 58 of the laws of 2007 amending 24 the public health law, the public officers law and the state finance law 25 relating to establishing the empire state stem cell board, is amended to 26 read as follows: 27 § 4. This act shall take effect immediately and shall be deemed to 28 have been in full force and effect on and after April 1, 2007 and shall 29 expire and be deemed repealed December 31, 2025. 30 § 3. This act shall take effect immediately and shall be deemed to 31 have been in full force and effect on and after April 1, 2021; provided, 32 however, the amendments to section 265-a of the public health law made 33 by section one of this act shall not affect the expiration of such 34 section and shall be deemed to expire therewith. 35 PART N 36 Intentionally Omitted 37 PART O 38 Intentionally Omitted 39 PART P 40 Intentionally Omitted 41 PART Q 42 Intentionally OmittedS. 2507--C 23 A. 3007--C 1 PART R 2 Intentionally Omitted 3 PART S 4 Section 1. Section 11 of chapter 884 of the laws of 1990, amending the 5 public health law relating to authorizing bad debt and charity care 6 allowances for certified home health agencies, as amended by section 3 7 of part E of chapter 57 of the laws of 2019, is amended to read as 8 follows: 9 § 11. This act shall take effect immediately and: 10 (a) sections one and three shall expire on December 31, 1996, 11 (b) sections four through ten shall expire on June 30, [2021] 2023, 12 and 13 (c) provided that the amendment to section 2807-b of the public health 14 law by section two of this act shall not affect the expiration of such 15 section 2807-b as otherwise provided by law and shall be deemed to 16 expire therewith. 17 § 2. Subdivision (a) of section 40 of part B of chapter 109 of the 18 laws of 2010, amending the social services law relating to transporta- 19 tion costs, as amended by section 5 of part E of chapter 57 of the laws 20 of 2019, is amended to read as follows: 21 (a) sections two, three, three-a, three-b, three-c, three-d, three-e 22 and twenty-one of this act shall take effect July 1, 2010; sections 23 fifteen, sixteen, seventeen, eighteen and nineteen of this act shall 24 take effect January 1, 2011; and provided further that section twenty of 25 this act shall be deemed repealed [ten] sixteen years after the date the 26 contract entered into pursuant to section 365-h of the social services 27 law, as amended by section twenty of this act, is executed; provided 28 that the commissioner of health shall notify the legislative bill draft- 29 ing commission upon the execution of the contract entered into pursuant 30 to section [367-h] 365-h of the social services law in order that the 31 commission may maintain an accurate and timely effective data base of 32 the official text of the laws of the state of New York in furtherance of 33 effectuating the provisions of section 44 of the legislative law and 34 section 70-b of the public officers law; 35 § 3. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995, 36 amending the public health law and other laws relating to medical 37 reimbursement and welfare reform, as amended by section 12 of part E of 38 chapter 57 of the laws of 2019, is amended to read as follows: 39 5-a. Section sixty-four-a of this act shall be deemed to have been in 40 full force and effect on and after April 1, 1995 through March 31, 1999 41 and on and after July 1, 1999 through March 31, 2000 and on and after 42 April 1, 2000 through March 31, 2003 and on and after April 1, 2003 43 through March 31, 2007, and on and after April 1, 2007 through March 31, 44 2009, and on and after April 1, 2009 through March 31, 2011, and on and 45 after April 1, 2011 through March 31, 2013, and on and after April 1, 46 2013 through March 31, 2015, and on and after April 1, 2015 through 47 March 31, 2017 and on and after April 1, 2017 through March 31, 2019, 48 and on and after April 1, 2019 through March 31, 2021, and on and after 49 April 1, 2021 through March 31, 2023; 50 § 4. Section 64-b of chapter 81 of the laws of 1995, amending the 51 public health law and other laws relating to medical reimbursement and 52 welfare reform, as amended by section 13 of part E of chapter 57 of the 53 laws of 2019, is amended to read as follows:S. 2507--C 24 A. 3007--C 1 § 64-b. Notwithstanding any inconsistent provision of law, the 2 provisions of subdivision 7 of section 3614 of the public health law, as 3 amended, shall remain and be in full force and effect on April 1, 1995 4 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on 5 and after April 1, 2000 through March 31, 2003 and on and after April 1, 6 2003 through March 31, 2007, and on and after April 1, 2007 through 7 March 31, 2009, and on and after April 1, 2009 through March 31, 2011, 8 and on and after April 1, 2011 through March 31, 2013, and on and after 9 April 1, 2013 through March 31, 2015, and on and after April 1, 2015 10 through March 31, 2017 and on and after April 1, 2017 through March 31, 11 2019, and on and after April 1, 2019 through March 31, 2021, and on and 12 after April 1, 2021 through March 31, 2023. 13 § 5. Section 4-a of part A of chapter 56 of the laws of 2013, amending 14 chapter 59 of the laws of 2011 amending the public health law and other 15 laws relating to general hospital reimbursement for annual rates, as 16 amended by section 14 of part E of chapter 57 of the laws of 2019, is 17 amended to read as follows: 18 § 4-a. Notwithstanding paragraph (c) of subdivision 10 of section 19 2807-c of the public health law, section 21 of chapter 1 of the laws of 20 1999, or any other contrary provision of law, in determining rates of 21 payments by state governmental agencies effective for services provided 22 on and after January 1, 2017 through March 31, [2021] 2023, for inpa- 23 tient and outpatient services provided by general hospitals, for inpa- 24 tient services and adult day health care outpatient services provided by 25 residential health care facilities pursuant to article 28 of the public 26 health law, except for residential health care facilities or units of 27 such facilities providing services primarily to children under twenty- 28 one years of age, for home health care services provided pursuant to 29 article 36 of the public health law by certified home health agencies, 30 long term home health care programs and AIDS home care programs, and for 31 personal care services provided pursuant to section 365-a of the social 32 services law, the commissioner of health shall apply no greater than 33 zero trend factors attributable to the 2017, 2018, 2019, 2020, [and] 34 2021, 2022 and 2023 calendar years in accordance with paragraph (c) of 35 subdivision 10 of section 2807-c of the public health law, provided, 36 however, that such no greater than zero trend factors attributable to 37 such 2017, 2018, 2019, 2020, [and] 2021, 2022 and 2023 calendar years 38 shall also be applied to rates of payment provided on and after January 39 1, 2017 through March 31, [2021] 2023 for personal care services 40 provided in those local social services districts, including New York 41 city, whose rates of payment for such services are established by such 42 local social services districts pursuant to a rate-setting exemption 43 issued by the commissioner of health to such local social services 44 districts in accordance with applicable regulations; and provided 45 further, however, that for rates of payment for assisted living program 46 services provided on and after January 1, 2017 through March 31, [2021] 47 2023, such trend factors attributable to the 2017, 2018, 2019, 2020, 48 [and] 2021, 2022 and 2023 calendar years shall be established at no 49 greater than zero percent. 50 § 6. Subdivision 2 of section 246 of chapter 81 of the laws of 1995, 51 amending the public health law and other laws relating to medical 52 reimbursement and welfare reform, as amended by section 17 of part E of 53 chapter 57 of the laws of 2019, is amended to read as follows: 54 2. Sections five, seven through nine, twelve through fourteen, and 55 eighteen of this act shall be deemed to have been in full force and 56 effect on and after April 1, 1995 through March 31, 1999 and on andS. 2507--C 25 A. 3007--C 1 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000 2 through March 31, 2003 and on and after April 1, 2003 through March 31, 3 2006 and on and after April 1, 2006 through March 31, 2007 and on and 4 after April 1, 2007 through March 31, 2009 and on and after April 1, 5 2009 through March 31, 2011 and sections twelve, thirteen and fourteen 6 of this act shall be deemed to be in full force and effect on and after 7 April 1, 2011 through March 31, 2015 and on and after April 1, 2015 8 through March 31, 2017 and on and after April 1, 2017 through March 31, 9 2019, and on and after April 1, 2019 through March 31, 2021, and on and 10 after April 1, 2021 through March 31, 2023; 11 § 7. Section 7 of part H of chapter 57 of the laws of 2019, amending 12 the public health law relating to waiver of certain regulations, as 13 amended by section 11 of part BB of chapter 56 of the laws of 2020, is 14 amended to read as follows: 15 § 7. This act shall take effect immediately and shall be deemed to 16 have been in full force and effect on and after April 1, 2019, provided, 17 however, that section two of this act shall expire on April 1, [2021] 18 2022. 19 § 8. Section 5 of chapter 517 of the laws of 2016, amending the public 20 health law relating to payments from the New York state medical indem- 21 nity fund, as amended by section 18 of part Y of chapter 56 of the laws 22 of 2020, is amended to read as follows: 23 § 5. This act shall take effect on the forty-fifth day after it shall 24 have become a law, provided that the amendments to subdivision 4 of 25 section 2999-j of the public health law made by section two of this act 26 shall take effect on June 30, 2017 and shall expire and be deemed 27 repealed December 31, [2021] 2022. 28 § 9. Subdivision 1 of section 2999-aa of the public health law, as 29 amended by chapter 80 of the laws of 2017, is amended to read as 30 follows: 31 1. In order to promote improved quality and efficiency of, and access 32 to, health care services and to promote improved clinical outcomes to 33 the residents of New York, it shall be the policy of the state to 34 encourage, where appropriate, cooperative, collaborative and integrative 35 arrangements including but not limited to, mergers and acquisitions 36 among health care providers or among others who might otherwise be 37 competitors, under the active supervision of the commissioner. To the 38 extent such arrangements, or the planning and negotiations that precede 39 them, might be anti-competitive within the meaning and intent of the 40 state and federal antitrust laws, the intent of the state is to supplant 41 competition with such arrangements under the active supervision and 42 related administrative actions of the commissioner as necessary to 43 accomplish the purposes of this article, and to provide state action 44 immunity under the state and federal antitrust laws with respect to 45 activities undertaken by health care providers and others pursuant to 46 this article, where the benefits of such active supervision, arrange- 47 ments and actions of the commissioner outweigh any disadvantages likely 48 to result from a reduction of competition. The commissioner shall not 49 approve an arrangement for which state action immunity is sought under 50 this article without first consulting with, and receiving a recommenda- 51 tion from, the public health and health planning council. No arrangement 52 under this article shall be approved after December thirty-first, two 53 thousand [twenty] twenty-four. 54 § 10. Section 3 of part D of chapter 56 of the laws of 2014, amending 55 the education law relating to the nurse practitioners modernization act, 56 is amended to read as follows:S. 2507--C 26 A. 3007--C 1 § 3. This act shall take effect on the first of January after it shall 2 have become a law and shall expire June 30 of the [sixth] seventh year 3 after it shall have become a law, when upon such date the provisions of 4 this act shall be deemed repealed; provided, however, that effective 5 immediately, the addition, amendment and/or repeal of any rule or regu- 6 lation necessary for the implementation of this act on its effective 7 date is authorized and directed to be made and completed on or before 8 such effective date. 9 § 11. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 10 2807-d of the public health law, as amended by section 9 of part E of 11 chapter 57 of the laws of 2019, is amended to read as follows: 12 (vi) Notwithstanding any contrary provision of this paragraph or any 13 other provision of law or regulation to the contrary, for residential 14 health care facilities the assessment shall be six percent of each resi- 15 dential health care facility's gross receipts received from all patient 16 care services and other operating income on a cash basis for the period 17 April first, two thousand two through March thirty-first, two thousand 18 three for hospital or health-related services, including adult day 19 services; provided, however, that residential health care facilities' 20 gross receipts attributable to payments received pursuant to title XVIII 21 of the federal social security act (medicare) shall be excluded from the 22 assessment; provided, however, that for all such gross receipts received 23 on or after April first, two thousand three through March thirty-first, 24 two thousand five, such assessment shall be five percent, and further 25 provided that for all such gross receipts received on or after April 26 first, two thousand five through March thirty-first, two thousand nine, 27 and on or after April first, two thousand nine through March thirty- 28 first, two thousand eleven such assessment shall be six percent, and 29 further provided that for all such gross receipts received on or after 30 April first, two thousand eleven through March thirty-first, two thou- 31 sand thirteen such assessment shall be six percent, and further provided 32 that for all such gross receipts received on or after April first, two 33 thousand thirteen through March thirty-first, two thousand fifteen such 34 assessment shall be six percent, and further provided that for all such 35 gross receipts received on or after April first, two thousand fifteen 36 through March thirty-first, two thousand seventeen such assessment shall 37 be six percent, and further provided that for all such gross receipts 38 received on or after April first, two thousand seventeen through March 39 thirty-first, two thousand nineteen such assessment shall be six 40 percent, and further provided that for all such gross receipts received 41 on or after April first, two thousand nineteen through March thirty- 42 first, two thousand twenty-one such assessment shall be six percent, and 43 further provided that for all such gross receipts received on or after 44 April first, two thousand twenty-one through March thirty-first, two 45 thousand twenty-three such assessment shall be six percent. 46 § 12. Section 2 of chapter 66 of the laws of 2016, amending the public 47 health law relating to reporting of opioid overdose data, is amended to 48 read as follows: 49 § 2. This act shall take effect immediately, provided that subdivision 50 6 of section 3309 of the public health law, as added by section one of 51 this act, shall expire and be deemed repealed March 31, [2021] 2026. 52 § 13. This act shall take effect immediately and shall be deemed to 53 have been in full force and effect on and after April 1, 2021. 54 PART TS. 2507--C 27 A. 3007--C 1 Section 1. Section 3 of part A of chapter 111 of the laws of 2010 2 amending the mental hygiene law relating to the receipt of federal and 3 state benefits received by individuals receiving care in facilities 4 operated by an office of the department of mental hygiene, as amended by 5 section 1 of part X of chapter 57 of the laws of 2018, is amended to 6 read as follows: 7 § 3. This act shall take effect immediately; and shall expire and be 8 deemed repealed June 30, [2021] 2024. 9 § 2. This act shall take effect immediately. 10 PART U 11 Section 1. Section 4 of part L of chapter 59 of the laws of 2016, 12 amending the mental hygiene law relating to the appointment of temporary 13 operators for the continued operation of programs and the provision of 14 services for persons with serious mental illness and/or developmental 15 disabilities and/or chemical dependence, is amended to read as follows: 16 § 4. This act shall take effect immediately and shall be deemed to 17 have been in full force and effect on and after April 1, 2016; provided, 18 however, that sections one and two of this act shall expire and be 19 deemed repealed on March 31, [2021] 2022. 20 § 2. This act shall take effect immediately. 21 PART V 22 Section 1. Section 2 of part NN of chapter 58 of the laws of 2015, 23 amending the mental hygiene law relating to clarifying the authority of 24 the commissioners in the department of mental hygiene to design and 25 implement time-limited demonstration programs, as amended by section 1 26 of part U of chapter 57 of the laws of 2018, is amended to read as 27 follows: 28 § 2. This act shall take effect immediately and shall expire and be 29 deemed repealed March 31, [2021] 2024. 30 § 2. Subdivision (d) of section 41.35 of the mental hygiene law, as 31 amended by chapter 658 of the laws of 1977, is amended to read as 32 follows: 33 (d) Quarterly reviews and evaluations of the program shall be under- 34 taken and a final report shall be developed by representatives of the 35 commissioner or commissioners having jurisdiction over the services and 36 the local governmental unit assessing the program, indicating its poten- 37 tial for continuation or use elsewhere, and making any further recommen- 38 dations related to the program. Copies of such quarterly evaluations and 39 final reports shall be sent no later than November fifteenth to the 40 director of the division of the budget, and the chairmen of the senate 41 finance committee and the assembly committee on ways and means and such 42 final reports shall be included in the relevant commissioner or commis- 43 sioners statewide comprehensive plan pursuant to section 5.07 of this 44 chapter. 45 § 3. Subparagraphs f and g of paragraph 1 of subdivision (b) of 46 section 5.07 of the mental hygiene law, as amended by section 3 of part 47 N of chapter 56 of the laws of 2012, are amended and a new subparagraph 48 h is added to read as follows: 49 f. encourage and promote person-centered, culturally and linguis- 50 tically competent community-based programs, services, and supports that 51 reflect the partnership between state and local governmental units; 52 [and]S. 2507--C 28 A. 3007--C 1 g. include progress reports on the implementation of both short-term 2 and long-term recommendations of the children's plan required pursuant 3 to section four hundred eighty-three-f of the social services law[.]; 4 and 5 h. include final reports for time-limited demonstration programs 6 pursuant to subdivision (d) of section 41.35 of this chapter. 7 § 4. This act shall take effect immediately. 8 PART W 9 Section 1. Section 7 of part R2 of chapter 62 of the laws of 2003, 10 amending the mental hygiene law and the state finance law relating to 11 the community mental health support and workforce reinvestment program, 12 the membership of subcommittees for mental health of community services 13 boards and the duties of such subcommittees and creating the community 14 mental health and workforce reinvestment account, as amended by section 15 1 of part V of chapter 57 of the laws of 2018, is amended to read as 16 follows: 17 § 7. This act shall take effect immediately and shall expire March 31, 18 [2021] 2024 when upon such date the provisions of this act shall be 19 deemed repealed. 20 § 2. This act shall take effect immediately. 21 PART X 22 Section 1. Notwithstanding section 41.55 of the mental hygiene law, 23 the office of mental health shall not be required to allocate funding 24 for fiscal year 2021-22 pursuant to the provisions of such section and 25 such law. 26 § 2. This act shall take effect immediately and shall expire March 31, 27 2022 when upon such date the provisions of this act shall be deemed 28 repealed. 29 PART Y 30 Intentionally Omitted 31 PART Z 32 Section 1. Subdivision (a) of section 31.04 of the mental hygiene law 33 is amended by adding a new paragraph 8 to read as follows: 34 8. establishing a schedule of fees for the purpose of processing 35 applications for the issuance of operating certificates. All fees pursu- 36 ant to this section shall be payable to the office for deposit into the 37 general fund. 38 § 2. This act shall take effect on the one hundred eightieth day 39 after it shall have become a law. Effective immediately, the commis- 40 sioner of mental health is authorized to promulgate any and all rules 41 and regulations and take any other measures necessary to implement this 42 act on its effective date or before such date. 43 PART AA 44 Section 1. The mental hygiene law is amended by adding a new section 45 31.36 to read as follows: 46 § 31.36 Crisis stabilization services.S. 2507--C 29 A. 3007--C 1 The commissioner shall be authorized, in conjunction with the commis- 2 sioner of the office of addiction services and supports, to create 3 crisis stabilization centers within New York state in accordance with 4 article thirty-six of this title, including the promulgation of joint 5 regulations and implementation of a financing mechanism to allow for the 6 sustainable operation of such programs. 7 § 2. The mental hygiene law is amended by adding a new section 32.36 8 to read as follows: 9 § 32.36 Crisis stabilization services. 10 The commissioner shall be authorized, in conjunction with the commis- 11 sioner of the office of mental health, to create crisis stabilization 12 centers within New York state in accordance with article thirty-six of 13 this title, including the promulgation of joint regulations and imple- 14 mentation of a financing mechanism to allow for the sustainable opera- 15 tion of such programs. 16 § 3. The mental hygiene law is amended by adding a new article 36 to 17 read as follows: 18 ARTICLE XXXVI 19 ADDICTION AND MENTAL HEALTH SERVICES AND SUPPORTS 20 Section 36.01 Crisis stabilization centers. 21 36.02 Referral to crisis stabilization centers. 22 § 36.01 Crisis stabilization centers. 23 (a) (1) The commissioners are authorized to jointly license crisis 24 stabilization centers subject to the availability of state and federal 25 funding. 26 (2) A crisis stabilization center shall serve as a voluntary and 27 urgent service provider for persons at risk of a mental health or 28 substance abuse crisis or who are experiencing a crisis related to a 29 psychiatric and/or substance use disorder that are in need of crisis 30 stabilization services. Each crisis stabilization center shall provide 31 or contract to provide person centered and patient driven crisis 32 stabilization services for mental health or substance use twenty-four 33 hours per day, seven days per week, including but not limited to: 34 (i) Engagement, triage and assessment; 35 (ii) Continuous observation; 36 (iii) Mild to moderate detoxification; 37 (iv) Sobering services; 38 (v) Therapeutic interventions; 39 (vi) Discharge and after care planning; 40 (vii) Telemedicine; 41 (viii) Peer support services; and 42 (ix) Medication assisted treatment. 43 (3) The commissioners shall require each crisis stabilization center 44 to submit a plan. The plan shall be approved by the commissioners prior 45 to the issuance of a license pursuant to this article. Each plan shall 46 include: 47 (i) a description of the center's catchment area, 48 (ii) a description of the center's crisis stabilization services, 49 (iii) agreements or affiliations with hospitals as defined in section 50 1.03 of this chapter, 51 (iv) agreements or affiliations with general hospitals or law enforce- 52 ment to receive persons, 53 (v) a description of local resources available to the center to 54 prevent unnecessary hospitalizations of persons,S. 2507--C 30 A. 3007--C 1 (vi) a description of the center's linkages with local police agen- 2 cies, emergency medical services, ambulance services and other transpor- 3 tation agencies, 4 (vii) a description of local resources available to the center to 5 provide appropriate community mental health and substance use disorder 6 services upon release, 7 (viii) written criteria and guidelines for the development of appro- 8 priate planning for persons in need of post community treatment or 9 services, 10 (ix) a statement indicating that the center has been included in an 11 approved local services plan developed pursuant to article forty-one of 12 this chapter for each local government located within the center's 13 catchment area; and 14 (x) any other information or agreements required by the commissioners. 15 (4) Crisis stabilization centers shall participate in county and 16 community planning activities annually, and as additionally needed, in 17 order to participate in local community service planning processes to 18 ensure, maintain, improve or develop community services that demonstrate 19 recovery outcomes. These outcomes include, but are not limited to, qual- 20 ity of life, socio-economic status, entitlement status, social network- 21 ing, coping skills and reduction in use of crisis services. 22 (b) Each crisis stabilization center shall be staffed with a multidis- 23 ciplinary team capable of meeting the needs of individuals experiencing 24 all levels of crisis in the community, which shall include, but not be 25 limited to, at least one psychiatrist or psychiatric nurse practitioner, 26 a credentialed alcoholism and substance abuse counselor and one peer 27 support specialist on duty and available at all times. 28 (c) The commissioners shall promulgate regulations necessary to the 29 operation of such crisis stabilization centers. 30 (d) Where a crisis stabilization center has been established prior to 31 the effective date of this article, the previously established center 32 may be issued a license where the provider can demonstrate substantial 33 compliance with minimum crisis service standards necessary for patient 34 safety and program efficacy. 35 (e) For the purpose of addressing unique rural service delivery needs 36 and conditions, the commissioners shall provide technical assistance for 37 the establishment of crisis stabilization centers otherwise approved 38 under the provisions of this section, including technical assistance to 39 promote and facilitate the establishment of such centers in rural areas 40 in the state or combinations of rural counties. 41 (f) The commissioners shall develop guidelines for educational materi- 42 als to assist crisis stabilization centers in educating local practi- 43 tioners, community mental health and substance abuse programs, hospi- 44 tals, law enforcement and peers. Such materials shall include 45 appropriate education relating to de-escalation techniques, cultural 46 competency, the recovery process, mental health, substance use, and 47 avoidance of aggressive confrontation. 48 (g) Within the amounts appropriated, the commissioners shall arrange 49 for appropriate training to law enforcement entities, first responders, 50 and any other entities deemed appropriate by the commissioners, located 51 within the catchment area of a crisis stabilization center. The training 52 may include but not be limited to: (1) crisis intervention team train- 53 ing; (2) mental health first aid; (3) implicit bias training; and (4) 54 naloxone training. Such training may be provided in an electronic format 55 or other format as deemed appropriate by the commissioners. The commis-S. 2507--C 31 A. 3007--C 1 sioners may contract with an organization with the knowledge and exper- 2 tise in providing the training required under this subdivision. 3 § 36.02 Referral to crisis stabilization centers. 4 (a) A referral to crisis stabilization centers may include but not be 5 limited to: (1) walk-ins or self-referrals; (2) family members; (3) 6 schools; (4) hospitals; (5) community-based providers; (6) mobile mental 7 health crisis teams; (7) crisis call centers; (8) primary care doctors; 8 (9) law enforcement; and (10) private practitioners. 9 (b) All services provided in crisis stabilization centers shall be 10 voluntary. No crisis stabilization center shall accept involuntary 11 referrals, and no person shall be forced or coerced to participate in 12 services or treatment. A crisis stabilization center may at any time 13 refer a person in their care to a higher level of treatment if deemed 14 appropriate. 15 (c) For a person who is in need of emergency observation under section 16 9.41, 9.43, 9.45, or 9.58 of this chapter, the appropriate police offi- 17 cer, peace officer, court, community services director or mobile crisis 18 team must inform the person of the crisis stabilization center services 19 where available. A crisis stabilization center may conduct an assessment 20 prior to accepting a referral. A crisis stabilization center may make a 21 referral to a hospital or comprehensive psychiatric emergency program if 22 an assessment determines that they are unable to meet the service needs 23 of a person. 24 § 4. Section 9.41 of the mental hygiene law, as amended by chapter 723 25 of the laws of 1989, is amended to read as follows: 26 § 9.41 Emergency [admissions] assessment for immediate observation, 27 care, and treatment; powers of certain peace officers and 28 police officers. 29 (a) Any peace officer, when acting pursuant to his or her special 30 duties, or police officer who is a member of the state police or of an 31 authorized police department or force or of a sheriff's department may 32 take into custody any person who appears to be mentally ill and is 33 conducting himself or herself in a manner which is likely to result in 34 serious harm to the person or others. Such officer may direct the 35 removal of such person or remove him or her to any hospital specified in 36 subdivision (a) of section 9.39 of this article, or any comprehensive 37 psychiatric emergency program specified in subdivision (a) of section 38 9.40 of this article, or[,] pending his or her examination or admission 39 to any such hospital or program, temporarily detain any such person in 40 another safe and comfortable place, in which event, such officer shall 41 immediately notify the director of community services or, if there be 42 none, the health officer of the city or county of such action. 43 (b) A person otherwise determined to meet the criteria for an emergen- 44 cy assessment pursuant to this section may voluntarily agree to be 45 transported to a crisis stabilization center under section 36.01 of this 46 chapter for care and treatment and, in accordance with this article, an 47 assessment by the crisis stabilization center determines that they are 48 able to meet the service needs of the person. 49 § 5. Section 9.43 of the mental hygiene law, as amended by chapter 723 50 of the laws of 1989, is amended to read as follows: 51 § 9.43 Emergency [admissions] assessment for immediate observation, 52 care, and treatment; powers of courts. 53 (a) Whenever any court of inferior or general jurisdiction is informed 54 by verified statement that a person is apparently mentally ill and is 55 conducting himself or herself in a manner which in a person who is not 56 mentally ill would be deemed disorderly conduct or which is likely toS. 2507--C 32 A. 3007--C 1 result in serious harm to himself or herself, such court shall issue a 2 warrant directing that such person be brought before it. If, when said 3 person is brought before the court, it appears to the court, on the 4 basis of evidence presented to it, that such person has or may have a 5 mental illness which is likely to result in serious harm to himself or 6 herself or others, the court shall issue a civil order directing his or 7 her removal to any hospital specified in subdivision (a) of section 9.39 8 of this article or any comprehensive psychiatric emergency program spec- 9 ified in subdivision (a) of section 9.40 of this article, or to any 10 crisis stabilization center specified in section 36.01 of this chapter 11 when the court deems such center is appropriate and where such person 12 voluntarily agrees; that is willing to receive such person for a deter- 13 mination by the director of such hospital [or], program or center wheth- 14 er such person should be [retained] received therein pursuant to such 15 section. 16 (b) Whenever a person before a court in a criminal action appears to 17 have a mental illness which is likely to result in serious harm to 18 himself or herself or others and the court determines either that the 19 crime has not been committed or that there is not sufficient cause to 20 believe that such person is guilty thereof, the court may issue a civil 21 order as above provided, and in such cases the criminal action shall 22 terminate. 23 § 6. Section 9.45 of the mental hygiene law, as amended by chapter 723 24 of the laws of 1989 and the opening paragraph as amended by chapter 192 25 of the laws of 2005, is amended to read as follows: 26 § 9.45 Emergency [admissions] assessment for immediate observation, 27 care, and treatment; powers of directors of community services. 28 (a) The director of community services or the director's designee 29 shall have the power to direct the removal of any person, within his or 30 her jurisdiction, to a hospital approved by the commissioner pursuant to 31 subdivision (a) of section 9.39 of this article, or to a comprehensive 32 psychiatric emergency program pursuant to subdivision (a) of section 33 9.40 of this article, if the parent, adult sibling, spouse or child of 34 the person, the committee or legal guardian of the person, a licensed 35 psychologist, registered professional nurse or certified social worker 36 currently responsible for providing treatment services to the person, a 37 supportive or intensive case manager currently assigned to the person by 38 a case management program which program is approved by the office of 39 mental health for the purpose of reporting under this section, a 40 licensed physician, health officer, peace officer or police officer 41 reports to him or her that such person has a mental illness for which 42 immediate care and treatment [in a hospital] is appropriate and which is 43 likely to result in serious harm to himself or herself or others. It 44 shall be the duty of peace officers, when acting pursuant to their 45 special duties, or police officers, who are members of an authorized 46 police department or force or of a sheriff's department to assist repre- 47 sentatives of such director to take into custody and transport any such 48 person. Upon the request of a director of community services or the 49 director's designee an ambulance service, as defined in subdivision two 50 of section three thousand one of the public health law, is authorized to 51 transport any such person. Such person may then be retained in a hospi- 52 tal pursuant to the provisions of section 9.39 of this article or in a 53 comprehensive psychiatric emergency program pursuant to the provisions 54 of section 9.40 of this article. 55 (b) A person otherwise determined to meet the criteria for an emergen- 56 cy assessment pursuant to this section may voluntarily agree to beS. 2507--C 33 A. 3007--C 1 transported to a crisis stabilization center under section 36.01 of this 2 chapter for care and treatment and, in accordance with this article, an 3 assessment by the crisis stabilization center determines that they are 4 able to meet the service needs of the person. 5 § 7. Subdivision (a) of section 9.58 of the mental hygiene law, as 6 added by chapter 678 of the laws of 1994, is amended to read as follows: 7 (a) A physician or qualified mental health professional who is a 8 member of an approved mobile crisis outreach team shall have the power 9 to remove, or pursuant to subdivision (b) of this section, to direct the 10 removal of any person who appears to be mentally ill and is conducting 11 themselves in a manner which is likely to result in serious harm to 12 themselves or others, to a hospital approved by the commissioner pursu- 13 ant to subdivision (a) of section 9.39 or section 31.27 of this chapter 14 [for the purpose of evaluation for admission if such person appears to15be mentally ill and is conducting himself or herself in a manner which16is likely to result in serious harm to the person or others] or where 17 the team physician or qualified mental health professional deems appro- 18 priate and where the person voluntarily agrees, to a crisis stabiliza- 19 tion center specified in section 36.01 of this chapter. 20 § 8. Subdivision 2 of section 365-a of the social services law is 21 amended by adding a new paragraph (gg) to read as follows: 22 (gg) addiction and mental health services and supports provided by 23 facilities licensed pursuant to article thirty-six of the mental hygiene 24 law. 25 § 9. Paragraph 5 of subdivision (a) of section 22.09 of the mental 26 hygiene law, as amended by section 1 of part D of chapter 69 of the laws 27 of 2016, is amended to read as follows: 28 5. "Treatment facility" means a facility designated by the commission- 29 er which may only include a general hospital as defined in article twen- 30 ty-eight of the public health law, or a medically managed or medically 31 supervised withdrawal, inpatient rehabilitation, or residential stabili- 32 zation treatment program that has been certified by the commissioner to 33 have appropriate medical staff available on-site at all times to provide 34 emergency services and continued evaluation of capacity of individuals 35 retained under this section or a crisis stabilization center licensed 36 pursuant to article 36.01 of this chapter. 37 § 10. Subparagraph (B) of paragraph 31 of subsection (i) of section 38 3216 of the insurance law, as amended by section 6 of subpart A of part 39 BB of chapter 57 of the laws of 2019, is amended to read as follows: 40 (B) Coverage under this paragraph may be limited to facilities in [New41York] this state that are licensed, certified or otherwise authorized by 42 the office of [alcoholism and substance abuse services] addiction 43 services and supports to provide outpatient substance use disorder 44 services and crisis stabilization centers licensed pursuant to section 45 36.01 of the mental hygiene law, and, in other states, to those which 46 are accredited by the joint commission as alcoholism or chemical depend- 47 ence substance abuse treatment programs and are similarly licensed, 48 certified, or otherwise authorized in the state in which the facility is 49 located. 50 § 11. Paragraph 31 of subsection (i) of section 3216 of the insurance 51 law is amended by adding a new subparagraph (I) to read as follows: 52 (I) This subparagraph shall apply to crisis stabilization centers in 53 this state that are licensed pursuant to section 36.01 of the mental 54 hygiene law and participate in the insurer's provider network. Benefits 55 for care in a crisis stabilization center shall not be subject to preau- 56 thorization. All treatment provided under this subparagraph may beS. 2507--C 34 A. 3007--C 1 reviewed retrospectively. Where care is denied retrospectively, an 2 insured shall not have any financial obligation to the facility for any 3 treatment under this subparagraph other than any copayment, coinsurance, 4 or deductible otherwise required under the policy. 5 § 12. Item (i) of subparagraph (A) of paragraph 35 of subsection (i) 6 of section 3216 of the insurance law, as added by section 8 of subpart A 7 of part BB of chapter 57 of the laws of 2019, is amended to read as 8 follows: 9 (i) where the policy provides coverage for inpatient hospital care, 10 benefits for inpatient care in a hospital as defined by subdivision ten 11 of section 1.03 of the mental hygiene law and benefits for outpatient 12 care provided in a facility issued an operating certificate by the 13 commissioner of mental health pursuant to the provisions of article 14 thirty-one of the mental hygiene law, or in a facility operated by the 15 office of mental health, or in a crisis stabilization center licensed 16 pursuant to section 36.01 of the mental hygiene law, or, for care 17 provided in other states, to similarly licensed or certified hospitals 18 or facilities; and 19 § 13. Paragraph 35 of subsection (i) of section 3216 of the insurance 20 law is amended by adding a new subparagraph (H) to read as follows: 21 (H) This subparagraph shall apply to crisis stabilization centers in 22 this state that are licensed pursuant to section 36.01 of the mental 23 hygiene law and participate in the insurer's provider network. Benefits 24 for care in a crisis stabilization center shall not be subject to preau- 25 thorization. All treatment provided under this subparagraph may be 26 reviewed retrospectively. Where care is denied retrospectively, an 27 insured shall not have any financial obligation to the facility for any 28 treatment under this subparagraph other than any copayment, coinsurance, 29 or deductible otherwise required under the policy. 30 § 14. Item (i) of subparagraph (A) of paragraph 5 of subsection (l) 31 of section 3221 of the insurance law, as amended by section 13 of 32 subpart A of part BB of chapter 57 of the laws of 2019, is amended as 33 follows: 34 (i) where the policy provides coverage for inpatient hospital care, 35 benefits for inpatient care in a hospital as defined by subdivision ten 36 of section 1.03 of the mental hygiene law and benefits for outpatient 37 care provided in a facility issued an operating certificate by the 38 commissioner of mental health pursuant to the provisions of article 39 thirty-one of the mental hygiene law, or in a facility operated by the 40 office of mental health or in a crisis stabilization center licensed 41 pursuant to section 36.01 of the mental hygiene law or, for care 42 provided in other states, to similarly licensed or certified hospitals 43 or facilities; and 44 § 15. Paragraph 5 of subsection (l) of section 3221 of the insurance 45 law is amended by adding a new subparagraph (H) to read as follows: 46 (H) This subparagraph shall apply to crisis stabilization centers in 47 this state that are licensed pursuant to section 36.01 of the mental 48 hygiene law and participate in the insurer's provider network. Benefits 49 for care in a crisis stabilization center shall not be subject to preau- 50 thorization. All treatment provided under this subparagraph may be 51 reviewed retrospectively. Where care is denied retrospectively, an 52 insured shall not have any financial obligation to the facility for any 53 treatment under this subparagraph other than any copayment, coinsurance, 54 or deductible otherwise required under the policy.S. 2507--C 35 A. 3007--C 1 § 16. Subparagraph (B) of paragraph 7 of subsection (l) of section 2 3221 of the insurance law, as amended by section 16 of subpart A of part 3 BB of chapter 57 of the laws of 2019, is amended to read as follows: 4 (B) Coverage under this paragraph may be limited to facilities in [New5York] this state that are licensed, certified or otherwise authorized by 6 the office of [alcoholism and substance abuse services] addiction 7 services and supports to provide outpatient substance use disorder 8 services and crisis stabilization centers licensed pursuant to section 9 36.01 of the mental hygiene law, and, in other states, to those which 10 are accredited by the joint commission as alcoholism or chemical depend- 11 ence treatment programs and similarly licensed, certified or otherwise 12 authorized in the state in which the facility is located. 13 § 17. Paragraph 7 of subsection (l) of section 3221 of the insurance 14 law is amended by adding a new subparagraph (I) to read as follows: 15 (I) This subparagraph shall apply to crisis stabilization centers in 16 this state that are licensed pursuant to section 36.01 of the mental 17 hygiene law and participate in the insurer's provider network. Benefits 18 for care in a crisis stabilization center shall not be subject to preau- 19 thorization. All treatment provided under this subparagraph may be 20 reviewed retrospectively. Where care is denied retrospectively, an 21 insured shall not have any financial obligation to the facility for any 22 treatment under this subparagraph other than any copayment, coinsurance, 23 or deductible otherwise required under the policy. 24 § 18. Paragraph 1 of subsection (g) of section 4303 of the insurance 25 law, as amended by section 22 of subpart A of part BB of chapter 57 of 26 the laws of 2019, is amended to read as follows: 27 (1) where the contract provides coverage for inpatient hospital care, 28 benefits for in-patient care in a hospital as defined by subdivision ten 29 of section 1.03 of the mental hygiene law or for inpatient care provided 30 in other states, to similarly licensed hospitals, and benefits for out- 31 patient care provided in a facility issued an operating certificate by 32 the commissioner of mental health pursuant to the provisions of article 33 thirty-one of the mental hygiene law or in a facility operated by the 34 office of mental health or in a crisis stabilization center licensed 35 pursuant to section 36.01 of the mental hygiene law or for out-patient 36 care provided in other states, to similarly certified facilities; and 37 § 19. Subsection (g) of section 4303 of the insurance law is amended 38 by adding a new paragraph 9 to read as follows: 39 (9) This paragraph shall apply to crisis stabilization centers in this 40 state that are licensed pursuant to section 36.01 of the mental hygiene 41 law and participate in the corporation's provider network. Benefits for 42 care in a crisis stabilization center shall not be subject to preauthor- 43 ization. All treatment provided under this paragraph may be reviewed 44 retrospectively. Where care is denied retrospectively, an insured shall 45 not have any financial obligation to the facility for any treatment 46 under this paragraph other than any copayment, coinsurance, or deduct- 47 ible otherwise required under the contract. 48 § 20. Paragraph 2 of subsection (l) of section 4303 of the insurance 49 law, as amended by section 27 of subpart A of part BB of chapter 57 of 50 the laws of 2019, is amended to read as follows: 51 (2) Coverage under this subsection may be limited to facilities in 52 [New York] this state that are licensed, certified or otherwise author- 53 ized by the office of [alcoholism and substance abuse services] 54 addiction services and supports to provide outpatient substance use 55 disorder services and crisis stabilization centers licensed pursuant to 56 section 36.01 of the mental hygiene law, and, in other states, to thoseS. 2507--C 36 A. 3007--C 1 which are accredited by the joint commission as alcoholism or chemical 2 dependence substance abuse treatment programs and are similarly 3 licensed, certified or otherwise authorized in the state in which the 4 facility is located. 5 § 21. Subsection (l) of section 4303 of the insurance law is amended 6 by adding a new paragraph 9 to read as follows: 7 (9) This paragraph shall apply to crisis stabilization centers in this 8 state that are licensed pursuant to section 36.01 of the mental hygiene 9 law and participate in the corporation's provider network. Benefits for 10 care in a crisis stabilization center shall not be subject to preauthor- 11 ization. All treatment provided under this paragraph may be reviewed 12 retrospectively. Where care is denied retrospectively, an insured shall 13 not have any financial obligation to the facility for any treatment 14 under this paragraph other than any copayment, coinsurance, or deduct- 15 ible otherwise required under the contract. 16 § 22. The commissioner of health, in consultation with the office of 17 mental health and the office of addiction services and supports, shall 18 seek Medicaid federal financial participation from the federal centers 19 for Medicare and Medicaid services for the federal share of payments for 20 the services authorized pursuant to this part. 21 § 23. This act shall take effect October 1, 2021; provided, however, 22 that the amendments to sections 9.41, 9.43 and 9.45 of the mental 23 hygiene law made by sections four, five and six of this act shall not 24 affect the expiration of such sections and shall expire therewith; and 25 provided, further, however, that sections ten, eleven, twelve, thirteen, 26 fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, and 27 twenty-one of this act shall apply to policies and contracts issued, 28 renewed, modified, altered or amended on or after January 1, 2022. 29 Effective immediately, the addition, amendment and/or repeal of any rule 30 or regulation necessary for the implementation of this act on its effec- 31 tive date are authorized to be made and completed on or before such 32 effective date. 33 PART BB 34 Intentionally Omitted 35 PART CC 36 Intentionally Omitted 37 PART DD 38 Intentionally Omitted 39 PART EE 40 Intentionally Omitted 41 PART FF 42 Intentionally Omitted 43 PART GGS. 2507--C 37 A. 3007--C 1 Section 1. The public health law is amended by adding a new section 2 2828 to read as follows: 3 § 2828. Residential health care facilities; minimum direct resident 4 care spending. 1. (a) Notwithstanding any law to the contrary, the 5 department shall promulgate regulations governing the disposition of 6 revenue in excess of expenses for residential health care facilities 7 consistent with this section. Beginning on and after January first, two 8 thousand twenty-two, every residential health care facility shall spend 9 a minimum of seventy percent of revenue on direct resident care, and 10 forty percent of revenue shall be spent on resident-facing staffing, 11 provided that amounts spent on resident-facing staffing shall be 12 included as a part of amounts spent on direct resident care. 13 (b) Fifteen percent of costs associated with resident-facing staffing 14 contracted out by a facility for services provided by registered profes- 15 sional nurses or licensed practical nurses licensed pursuant to article 16 one hundred thirty-nine of the education law or certified nurse aides 17 who have completed certification and training approved by the department 18 shall be deducted from the calculation of the amount spent on resident- 19 facing staffing and direct resident care. 20 (c) Such regulations shall further include at a minimum that any resi- 21 dential health care facility for which total operating revenue exceeds 22 total operating and non-operating expenses by more than five percent of 23 total operating and non-operating expenses or that fails to spend the 24 minimum amount necessary to comply with the minimum spending standards 25 for resident-facing staffing or direct resident care, calculated on an 26 annual basis, shall remit such excess revenue, or the difference between 27 the minimum spending requirement and the actual amount of spending on 28 resident-facing staffing or direct care staffing, as the case may be, to 29 the state, with such excess revenue which shall be payable, in a manner 30 to be determined by such regulations, by November first in the year 31 following the year in which the expenses are incurred. The department 32 shall collect such payments by methods including, but not limited to, 33 bringing suit in a court of competent jurisdiction on its own behalf 34 after giving notice of such suit to the attorney general, deductions or 35 offsets from payments made pursuant to the Medicaid program, and shall 36 deposit such recouped funds into the nursing home quality pool, as set 37 forth in paragraph d of subdivision two-c of section two thousand eight 38 hundred eight of this article. Provided further that such payments of 39 excess revenue shall be in addition to and shall not affect a residen- 40 tial health care facility's obligations to make any other payments 41 required by state or federal law into the nursing home quality pool, 42 including but not limited to medicaid rate reductions required pursuant 43 to paragraph g of subdivision two-c of section two thousand eight 44 hundred eight of this article and department regulations promulgated 45 pursuant thereto. The commissioner or their designees shall have author- 46 ity to audit the residential health care facilities' reports for compli- 47 ance in accordance with this section. 48 2. For the purposes of this section the following terms shall have the 49 following meanings: 50 (a) "Revenue" shall mean the total operating revenue from or on behalf 51 of residents of the residential health care facility, government payers, 52 or third-party payers, to pay for a resident's occupancy of the residen- 53 tial health care facility, resident care, and the operation of the resi- 54 dential health care facility as reported in the residential health care 55 facility cost reports submitted to the department; provided, however,S. 2507--C 38 A. 3007--C 1 that revenue shall exclude the average increase in the capital portion 2 of the Medicaid reimbursement rate from the prior three years. 3 (b) "Expenses" shall include all operating and non-operating expenses, 4 before extraordinary gains, reported in cost reports submitted pursuant 5 to section twenty-eight hundred five-e of this article, except as 6 expressly excluded by regulations and/or this section. Such exclusions 7 shall include, but not be limited to, any related party transaction or 8 compensation to the extent that the value of such transaction is greater 9 than fair market value, and the payment of compensation for employees 10 who are not actively engaged in or providing services at the facility. 11 (c) "Direct resident care" includes the following cost centers in the 12 residential health care facility cost report: (i) Nonrevenue Support 13 Services - Plant Operation & Maintenance, Laundry and Linen, House- 14 keeping, Patient Food Service, Nursing Administration, Activities 15 Program, Nonphysician Education, Medical Education, Medical Director's 16 Office, Housing, Social Service, Transportation; (ii) Ancillary Services 17 - Laboratory Services, Electrocardiology, Electroencephalogy, Radiology, 18 Inhalation Therapy, Podiatry, Dental, Psychiatric, Physical Therapy, 19 Occupational Therapy, Speech/Hearing Therapy, Pharmacy, Central Services 20 Supply, Medical Staff Services provided by licensed or certified profes- 21 sionals including and without limitation Registered Nurses, Licensed 22 Practical Nurses, and Certified Nursing Assistant; and (iii) Program 23 Services - Residential Health Care Facility, Pediatric, Traumatic Brain 24 Injury (TBI), Autoimmune Deficiency Syndrome (AIDS), Long Term Ventila- 25 tor, Respite, Behavioral Intervention, Neurodegenerative, Adult Care 26 Facility, Intermediate Care Facilities, Independent Living, Outpatient 27 Clinics, Adult Day Health Care, Home Health Care, Meals on Wheels, 28 Barber & Beauty Shop, and Other similar program services that directly 29 address the physical conditions of residents. Direct resident care does 30 not include, at a minimum and without limitation, administrative costs 31 (other than nurse administration), capital costs, debt service, taxes 32 (other than sales taxes or payroll taxes), capital depreciation, rent 33 and leases, and fiscal services. 34 (d) "Resident-facing staffing" shall include all staffing expenses in 35 the ancillary and program services categories on exhibit h of the resi- 36 dential health care reports as in effect on February fifteenth, two 37 thousand twenty-one. 38 (e) "Cost Report" shall mean the annual financial and statistical 39 report submitted to the department pursuant to sections two thousand 40 eight hundred five-e and two thousand eight hundred eight-b of this 41 article, and regulations promulgated pursuant thereto, which includes 42 the residential health care facility's revenues, expenses, assets, 43 liabilities and statistical information. 44 3. For the purposes of this section, residential health care facili- 45 ties shall not include (a) facilities that are authorized by the depart- 46 ment to primarily care for medically fragile children, people with 47 HIV/AIDS, persons requiring behavioral intervention, persons requiring 48 neurodegenerative services, and other specialized populations that the 49 commissioner deems appropriate to exclude; and (b) continuing care 50 retirement communities licensed pursuant to article forty-six or forty 51 six-a of this chapter. 52 4. The commissioner may waive the requirements of this section on a 53 case-by-case basis with respect to a nursing home that demonstrates to 54 the commissioner's satisfaction that it experienced unexpected or excep- 55 tional circumstances that prevented compliance. The commissioner may 56 also exclude from revenues and expenses, on a case-by-case basis,S. 2507--C 39 A. 3007--C 1 extraordinary revenues and capital expenses, incurred due to a natural 2 disaster or other circumstances set forth by the commissioner in regu- 3 lation. At least thirty days before any action by the commissioner under 4 this subdivision, the commissioner shall transmit the proposed action to 5 the state office of the long-term care ombudsman and the chairs of the 6 senate and assembly health committees, and post it on the department's 7 website. 8 5. The commissioner shall issue regulations, seek amendments to the 9 state plan for medical assistance, seek waivers from the federal Centers 10 for Medicare and Medicaid Services, and take such other actions as 11 reasonably necessary to implement this section. 12 6. The commissioner shall, if necessary, update reporting forms 13 completed by residential health care facilities under section twenty- 14 eight hundred five-e of this article to include information to ensure 15 all items referred to in this section and organize such information 16 consistent with the terms of this section. 17 § 2. Severability. If any provision of this act, or any application of 18 any provision of this act, is held to be invalid, that shall not affect 19 the validity or effectiveness of any other provision of this act or any 20 other application of any provision of this act. 21 § 3. This act shall take effect immediately. 22 PART HH 23 Section 1. Subdivision 3 of section 450 of the executive law, as added 24 by chapter 588 of the laws of 1981, is amended to read as follows: 25 3. (a) The [membership of the developmental disabilities planning26council shall at all times include representatives of the principal27state agencies, higher education training facilities,] following people 28 shall serve as ex officio members of the council: 29 (i) the head of any state agency that administers funds provided under 30 federal laws related to individuals with disabilities, or such person's 31 designee; 32 (ii) the head of any university center for excellence in developmental 33 disabilities, or such person's designee; and 34 (iii) the head of the state's protection and advocacy system, or such 35 person's designee. 36 (b) The membership of the developmental disabilities planning council 37 shall also include local agencies, and non-governmental agencies and 38 groups concerned with services to persons with developmental disabili- 39 ties in New York state[;]. 40 [(b)] (c) At least [one-half] sixty percent of the [membership] 41 members appointed by the governor shall consist of[:42(i)] developmentally disabled persons or their parents or guardians or 43 of immediate relatives or guardians of persons with [mentally impairing] 44 developmental disabilities[,]. 45 [(ii) these] (i) These members may not be employees of a state agency 46 receiving funds or providing services under the federal developmental 47 disabilities assistance act or have a managerial, proprietary or 48 controlling interest in an entity which receives funds or provides 49 services under such act, 50 [(iii) at] (ii) At least one-third of these members shall be develop- 51 mentally disabled, 52 [(iv) at] (iii) At least one-third of these members shall be immediate 53 relatives or guardians of persons with [mentally impairing] develop- 54 mental disabilities, andS. 2507--C 40 A. 3007--C 1 [(v) at] (iv) At least one member shall be an immediate relative or 2 guardian of an institutionalized developmentally disabled person[;3(c) The membership may include some or all of the members of the advi-4sory council on mental retardation and developmental disabilities]. 5 § 2. This act shall take effect immediately. 6 PART II 7 Section 1. Paragraph (d-2) of subdivision 3 of section 364-j of the 8 social services law, as amended by section 10 of part B of chapter 57 of 9 the laws of 2018, is amended to read as follows: 10 (d-2) Services provided pursuant to waivers, granted pursuant to 11 subsection (c) of section 1915 of the federal social security act, to 12 persons suffering from traumatic brain injuries or qualifying for nurs- 13 ing home diversion and transition services, shall not be provided to 14 medical assistance recipients through managed care programs until at 15 least January first, two thousand [twenty-two] twenty-six. 16 § 2. This act shall take effect immediately, provided that the amend- 17 ments to section 364-j of the social services law, made by section one 18 of this act, shall not affect the expiration and repeal of such section, 19 and shall expire and be deemed repealed therewith. 20 PART JJ 21 Section 1. Subdivision 3 of section 364-j of the social services law 22 is amended by adding a new paragraph (d-3) to read as follows: 23 (d-3) Services provided in school-based health centers shall not be 24 provided to medical assistance recipients through managed care programs 25 established pursuant to this section until at least April first, two 26 thousand twenty-three, and shall continue to be provided outside of 27 managed care programs. 28 § 2. This act shall take effect immediately and shall expire April 1, 29 2023, when upon such date the provisions of this act shall be deemed 30 repealed; provided further, the amendments to section 364-j of the 31 social services law made by section one of this act shall not affect the 32 repeal of such section and shall be deemed repealed therewith. 33 PART KK 34 Section 1. Section 4 of chapter 495 of the laws of 2004, amending the 35 insurance law and the public health law relating to the New York state 36 health insurance continuation assistance demonstration project, as 37 amended by section 17 of part BB of chapter 56 of the laws of 2020, is 38 amended to read as follows: 39 § 4. This act shall take effect on the sixtieth day after it shall 40 have become a law; provided, however, that this act shall remain in 41 effect until July 1, [2021] 2022 when upon such date the provisions of 42 this act shall expire and be deemed repealed; provided, further, that a 43 displaced worker shall be eligible for continuation assistance retroac- 44 tive to July 1, 2004. 45 § 2. This act shall take effect immediately. 46 PART LLS. 2507--C 41 A. 3007--C 1 Section 1. Subparagraph (vi) of paragraph (b) of subdivision 4-a of 2 section 365-f of the social services law, as amended by section 4 of 3 part G of chapter 57 of the laws of 2019, is amended to read as follows: 4 (vi) the commissioner is authorized to either reoffer contracts [under5the same terms of this subdivision, if determined necessary by the6commissioner] or utilize the previous offer, to ensure that all 7 provisions of this section are met. 8 § 2. Subdivision 4-a of section 365-f of the social services law is 9 amended by adding three new paragraphs (b-1), (b-2) and (b-3) to read as 10 follows: 11 (b-1) Following the initial selection of contractors pursuant to this 12 subdivision the commissioner is instructed to survey for information 13 relating to the additional selection criteria under this paragraph and 14 paragraph (b-2) of this subdivision, in writing in a manner determined 15 by the commissioner, from all applicants that were qualified by the 16 commissioner as meeting minimum requirements of the procurement process 17 described in paragraph (b) of this subdivision including those that were 18 not awarded contracts under that process: 19 (i) whether the applicant is formed as a charitable corporation under 20 article two of the not-for-profit corporation law or authorized as a 21 foreign corporation under article thirteen of the not-for-profit corpo- 22 ration law; 23 (ii) was the applicant performing administrative services as a fiscal 24 intermediary prior to January first, two thousand twelve and has it 25 continuously provided such services for eligible individuals pursuant to 26 this section since that date; 27 (iii) the address the applicant listed as its primary mailing address 28 on its most recently filed state corporate tax return or its Federal 29 Return of Organization Exempt From Income Tax form (form 990); 30 (iv) whether the applicant is currently authorized, funded, approved 31 or certified to deliver state plan or home and community-based waiver 32 supports and services to individuals with intellectual and developmental 33 disabilities by the office for people with developmental disabilities; 34 (v) whether the applicant has historically provided fiscal interme- 35 diary administrative services to racial and ethnic minority residents or 36 new Americans, as defined in section ninety-four-b of the executive law, 37 in such consumers' primary language, as evidenced by information and 38 materials provided to consumers in the consumers' primary language or 39 languages; and 40 (vi) whether the applicant is verified as a minority or woman-owned 41 business enterprise pursuant to section three hundred fourteen of the 42 executive law. 43 (b-2) The commissioner shall give applicants thirty days to respond to 44 the survey. The failure of any applicants to respond to the survey and 45 provide the information sought within such thirty-day period shall 46 disqualify such applicants from consideration of any additional awards. 47 Following receipt of the survey responses from applicants, the commis- 48 sioner shall make awards to qualified applicants that previously submit- 49 ted applications, in addition to any awards already announced, as may be 50 necessary to ensure the commissioner has made awards as follows: 51 (i) the commissioner shall make awards to one or two additional appli- 52 cants, to the extent that such applications were received, that are 53 located in each county with a population of more than two hundred thou- 54 sand but less than five hundred thousand as evidenced by the primary 55 mailing address from the information surveyed under subparagraph (iii) 56 of paragraph (b-1) of this subdivision.S. 2507--C 42 A. 3007--C 1 (ii) the commissioner shall make awards to one or two additional 2 applicants, to the extent that such applications were received, that are 3 located in each county with a population of five hundred thousand or 4 more as evidenced by the primary mailing address from the information 5 surveyed under subparagraph (iii) of paragraph (b-1) of this subdivi- 6 sion. 7 (iii) to provide geographic distribution that would ensure access in 8 different regions of the state the commissioner shall make awards to at 9 least two additional applicants, to the extent that such applications 10 were received, that are currently authorized, funded, approved or certi- 11 fied to deliver state plan or home and community-based waiver supports 12 and services to individuals with intellectual and developmental disabil- 13 ities by the office for people with developmental disabilities and meet 14 the following criteria: 15 (A) are organized as a not-for-profit corporation pursuant to article 16 two of the not-for-profit corporation law or authorized as a foreign 17 corporation under article thirteen of the not-for-profit corporation 18 law; or 19 (B) have been performing administrative services as fiscal interme- 20 diaries prior to January first, two thousand twelve and have been 21 continuously providing such services for eligible individuals pursuant 22 to this section since that date. 23 (iv) to provide geographic distribution that would ensure access in 24 different regions of the state the commissioner shall make awards to at 25 least two additional applicants, to the extent that such applications 26 were received, that serve racial and ethnic minority residents, reli- 27 gious minority residents, or new Americans in those consumers' primary 28 language, as evidenced by information and materials provided to consum- 29 ers in the consumers' primary language or languages and meet the follow- 30 ing criteria: 31 (A) are organized as a not-for-profit corporation pursuant to the 32 not-for-profit corporation law or authorized as a foreign corporation 33 under article thirteen of the not-for-profit corporation law; or 34 (B) have been performing administrative services as fiscal interme- 35 diaries prior to January first, two thousand twelve and have been 36 continuously providing such services for eligible individuals pursuant 37 to this section since that date. 38 (v) to provide geographic distribution that would ensure access in 39 different regions of the state the commissioner shall make awards to at 40 least two additional applicants, to the extent that such applications 41 were received, that have been verified as a minority or woman-owned 42 business enterprise pursuant to section three hundred fourteen of the 43 executive law. 44 (vi) Notwithstanding the requirements of this paragraph, the commis- 45 sioner may only make awards to the extent that applicants that meet the 46 prescribed criteria, as evidenced by the results of the survey required 47 under paragraph (b-1) of this subdivision, submitted qualifying applica- 48 tions and the commissioner shall not be required to make awards where no 49 applicant meets the prescribed criteria. 50 (b-3) In awarding any new contracts pursuant to paragraph (b-2) of 51 this subdivision, the commissioner shall not rescore the offers based on 52 the results of the survey required under paragraph (b-1) of this subdi- 53 vision, but shall award such contracts to the next highest scoring 54 applicant or applicants that meet the criteria under paragraph (b-2) of 55 this subdivision.S. 2507--C 43 A. 3007--C 1 § 3. Paragraphs (d) and (e) of subdivision 4-d of section 365-f of the 2 social services law are relettered paragraphs (e) and (f) and a new 3 paragraph (d) is added to read as follows: 4 (d) where a fiscal intermediary is acquired by, merges with, sells 5 assets to, or engages in a transaction of a similar nature with a fiscal 6 intermediary that was awarded a contract pursuant to subdivision four-a 7 of this section, all the provisions of this subdivision shall apply. In 8 providing notice under subparagraph (i) of paragraph (a) of this subdi- 9 vision, the fiscal intermediary may inform the notice recipient of the 10 applicable transaction and, if applicable, the ability of the consumer 11 to remain with the awarded fiscal intermediary in accordance with any 12 guidance issued by the commissioner. 13 § 4. This act shall take effect immediately. 14 PART MM 15 Section 1. The public health law is amended by adding a new section 16 2808-e to read as follows: 17 § 2808-e. Residential health care for children with medical fragility 18 in transition to young adults and young adults with medical fragility 19 demonstration program. 1. Notwithstanding any law, rule, or regulation 20 to the contrary, the commissioner shall, within amounts appropriated and 21 subject to the availability of federal financial participation, estab- 22 lish a demonstration program for two eligible pediatric residential 23 health care facilities, as defined in paragraph (d) of subdivision two 24 of this section, to construct a new facility or repurpose part of an 25 existing facility to operate as a young adult residential health care 26 facility for the purpose of improving the quality of care for young 27 adults with medical fragility. 28 2. For purposes of this section: 29 (a) "children with medical fragility" shall mean children up to twen- 30 ty-one years of age who have a chronic debilitating condition or condi- 31 tions, are at risk of hospitalization, are technology-dependent for life 32 or health sustaining functions, require complex medication regimens or 33 medical interventions to maintain or to improve their health status, 34 and/or are in need of ongoing assessment or intervention to prevent 35 serious deterioration of their health status or medical complications 36 that place their life, health or development at risk. 37 (b) "young adults with medical fragility" shall mean individuals who 38 meet the definition of children with medical fragility, but for the fact 39 such individuals are aged between eighteen and thirty-five years old. 40 (c) "pediatric residential health care facility" shall mean a residen- 41 tial health care facility or discrete unit of a residential health care 42 facility providing services to children under the age of twenty-one. 43 (d) "eligible pediatric residential health care facilities" shall mean 44 pediatric health care facilities that meet the following eligibility 45 criteria for the demonstration program set forth in subdivision one of 46 this section: (i) has over one hundred and sixty licensed pediatric 47 beds; or (ii) is currently licensed for pediatric beds pursuant to this 48 article, is co-operated by a system of hospitals licensed pursuant to 49 this article, and such hospitals qualify for funds pursuant to a vital 50 access provider assurance program or a value based payment incentive 51 program, as administered by the department in accordance with all 52 requirements set forth in the state's federal 1115 Medicaid waiver stan- 53 dard terms and conditions.S. 2507--C 44 A. 3007--C 1 3. Notwithstanding any law, rule, or regulation to the contrary, any 2 child with medical fragility who has resided for at least thirty consec- 3 utive days in an eligible pediatric residential health care facility and 4 who has reached the age of twenty-one while a resident, may continue 5 residing at such eligible pediatric residential health care facility and 6 receiving such services from the facility, provided that such young 7 adult with medical fragility remains eligible for nursing home care, and 8 provided further that the eligible pediatric residential health care 9 facility has prepared, applied for, and submitted to the commissioner, a 10 proposal for a new residential health care facility for the provision of 11 extensive nursing, medical, psychological and counseling support 12 services to young adults with medical fragility in accordance with 13 subdivision four of this section. A young adult with medical fragility 14 may remain in such eligible pediatric residential health care facility 15 until such time that the young adult with medical fragility attains the 16 age of thirty-five years or the young adult residential health care 17 facility is constructed and becomes operational, whichever is sooner. 18 4. Upon receipt of a certificate of need application from an eligible 19 pediatric residential health care facility selected by the commissioner 20 for the demonstration program authorized under this section, the commis- 21 sioner is authorized to approve, with the written approval of the public 22 health and health planning council pursuant to section twenty-eight 23 hundred two of this article, the construction of a new residential 24 health care facility to be constructed and operated on a parcel of land 25 within the same county as that of eligible pediatric residential health 26 care facility that is proposing such new facility and over which it will 27 have site control, or the repurposing of a portion of a residential 28 health care facility that is currently serving geriatric residents or 29 those with similar needs for the provision of nursing, medical, psycho- 30 logical and counseling support services appropriate to the needs of 31 nursing home-eligible young adults with medical fragility, referred to 32 herein below as a young adult facility, provided that the established 33 operator of such eligible pediatric residential health care facility 34 proposing the young adult facility is in good standing and possesses at 35 least thirty years' prior experience operating as a pediatric residen- 36 tial health care facility in the state or more than thirty years' expe- 37 rience serving medically fragile pediatric patients, and provided 38 further that such facility qualifies for the demonstration program set 39 forth in subdivision one of this section. 40 5. A young adult facility established pursuant to subdivision four of 41 this section may admit, from the community-at-large or upon referral 42 from an unrelated facility, young adults with medical fragility who 43 prior to reaching age twenty-one were children with medical fragility, 44 and who are eligible for nursing home care and in need of extensive 45 nursing, medical, psychological and counseling support services, 46 provided that the young adult facility, to promote continuity of care, 47 undertakes to provide priority admission to young adults with medical 48 fragility transitioning from the pediatric residential health care 49 facility or unit operated by the entity that proposed the young adult 50 facility and ensure sufficient capacity to admit such young adults as 51 they approach or attain twenty-one years of age. 52 6. (a) For inpatient services provided to any young adults with 53 medical fragility eligible for medical assistance pursuant to title 54 eleven of article five of the social services law residing at any eligi- 55 ble pediatric residential health care facility as authorized in subdivi- 56 sion three of this section, the commissioner shall establish the operat-S. 2507--C 45 A. 3007--C 1 ing component of rates of reimbursement appropriate for young adults 2 with medical fragility residing at a pediatric residential health care 3 facility, to apply to such young adults twenty-one years of age or 4 older. Such methodology shall take into account the methodology used to 5 establish the operating component of the rates pursuant to section twen- 6 ty eight hundred eight of this article for pediatric residential health 7 care facilities with an increase or decrease adjustment as appropriate 8 to account for any discrete expenses associated with caring for young 9 adults with medical fragility, including addressing their distinct needs 10 as young adults for psychological and counseling support services. 11 (b) For inpatient services provided to any young adults with medical 12 fragility eligible for medical assistance pursuant to title eleven of 13 article five of the social services law at any young adult facility as 14 authorized in subdivision four of this section, the commissioner shall 15 establish the operating component of rates of reimbursement appropriate 16 for young adults with medical fragility. Such methodology shall take 17 into account the methodology used to establish the operating component 18 of the rates pursuant to section twenty eight hundred eight of this 19 article for pediatric residential health care facilities with an 20 increase or decrease adjustment as appropriate to account for any 21 discrete expenses associated with caring for young adults with medical 22 fragility, including addressing their distinct needs as young adults for 23 psychological and counseling support services. 24 7. The commissioner shall have authority to waive any rule or regu- 25 lation to effectuate the demonstration program authorized pursuant to 26 subdivision one of this section. 27 § 2. Within one year of the expiration of the demonstration program 28 established pursuant to section twenty-eight hundred eight-e of the 29 public health law, the department of health shall submit a report to the 30 governor, the temporary president of the senate, and the speaker of the 31 assembly regarding the results of the demonstration program. Such report 32 shall include a recommendation regarding the expansion of the demon- 33 stration program and other metrics to define the need for and cost of 34 services for the population of young adults with medical fragility, as 35 determined by the commissioner of health. 36 § 3. This act shall take effect on the one hundred twentieth day after 37 it shall have become a law; provided however, that section one of this 38 act shall expire and be deemed repealed two years after such effective 39 date; and provided further, that section two of this act shall expire 40 and be deemed repealed three years after such effective date. 41 PART NN 42 Section 1. Subdivision 14 of section 366 of the social services law, 43 as amended by section 71 of part A of chapter 56 of the laws of 2013, is 44 amended to read as follows: 45 14. The commissioner of health may make any available amendments to 46 the state plan for medical assistance submitted pursuant to section 47 three hundred sixty-three-a of this title, or, if an amendment is not 48 possible, develop and submit an application for any waiver or approval 49 under the federal social security act that may be necessary to disregard 50 or exempt an amount of income, for the purpose of assisting with housing 51 costs, for individuals receiving coverage of nursing facility services 52 under this title, other than short-term rehabilitation services, and for 53 individuals in receipt of medical assistance while in an adult home, as 54 defined in subdivision twenty-five of section two of this chapter, who:S. 2507--C 46 A. 3007--C 1 are (i) discharged to the community; and (ii) if eligible, enrolled or 2 required to enroll and have initiated the process of enrolling in a plan 3 certified pursuant to section forty-four hundred three-f of the public 4 health law; and (iii) do not meet the criteria to be considered an 5 "institutionalized spouse" for purposes of section three hundred sixty- 6 six-c of this title. 7 § 2. This act shall take effect January 1, 2022. 8 PART OO 9 Section 1. Section 10 of part KKK of chapter 56 of the laws of 2020 10 amending the social services law and other laws relating to managed care 11 encounter data, authorizing electronic notifications, and establishing 12 regional demonstration projects, is amended to read as follows: 13 § 10. Contingent upon the availability of federal financial partic- 14 ipation or other federal authorization from the centers of medicare and 15 medicaid services, the commissioner of health, in consultation with the 16 superintendent of the department of financial services, is authorized to 17 implement one or more five-year regional demonstration programs that 18 would be designed to improve health outcomes and reduce costs, using a 19 value based model that pays providers an actuarially sound global, pre- 20 paid and fully capitated amount for individuals in the designated region 21 who are enrolled in the state's plan for medical assistance established 22 pursuant to title XIX, or any successor title, of the federal social 23 security act; the Medicare program established pursuant to title XVIII, 24 or any successor title, of the federal social security act; and insur- 25 ers, corporations, and health care plans authorized pursuant to the 26 insurance law or public health law. The demonstration program may offer 27 funding and incentives designed to improve health outcomes for attri- 28 buted individual beneficiaries designed to improve health outcomes, 29 develop necessary infrastructure and systems; and connect individuals to 30 community based organizations that address the social determinants of 31 health. At least one regional demonstration program shall be in the 32 western, central, southern tier, or capital regions of the state. 33 Notwithstanding any provision of law to the contrary, the commissioner 34 or the superintendent of the department of financial services may waive 35 any regulatory requirements as are necessary to implement the demon- 36 stration program; provided however, that regulations pertaining to 37 patient safety, patient autonomy, patient privacy, patient rights, due 38 process, scope of practice, professional licensure, environmental 39 protections, provider reimbursement methodologies, or occupational stan- 40 dards and employee rights may not be waived, nor shall any regulations 41 be waived if such waiver would risk patient safety. Participation in 42 such program shall be voluntary. One year after this section shall take 43 effect and annually thereafter the commissioner of health shall provide 44 a report detailing the activities and outcomes of such program, includ- 45 ing any regulatory requirements that are waived, to the speaker of the 46 assembly and the temporary president of the senate. 47 § 2. This act shall take effect immediately. 48 PART PP 49 Section 1. Subdivision 8 of section 268-a of the public health law, as 50 added by section 2 of part T of chapter 57 of the laws of 2019, is 51 amended to read as follows:S. 2507--C 47 A. 3007--C 1 8. "Insurance affordability program" means Medicaid, child health 2 plus, the basic health program, post-partum extended coverage and any 3 other health insurance subsidy program designated as such by the commis- 4 sioner. 5 § 2. The social services law is amended by adding a new section 369-hh 6 to read as follows: 7 § 369-hh. Extended post-partum insurance coverage. 1. Definitions. 8 For purposes of this section: 9 (a) "Qualified individual" shall mean a person who is eligible to 10 enroll in a qualified health plan according to the definition found in 11 subdivision nine of section two hundred sixty-eight-a of the public 12 health law. 13 (b) "Qualified health plan" shall mean a health plan as defined in 14 subdivision seven of section two hundred sixty-eight-a of the public 15 health law. 16 (c) "Silver level qualified health plan" means a qualified health plan 17 that has an actuarial value in accordance with the levels established by 18 the marketplace for qualified individuals with an income between two 19 hundred and two hundred fifty percent of the federal poverty level. 20 (d) "Advanced premium tax credits" means payment of the tax credit 21 authorized by 26 U.S.C. 36B and its implementing regulations, which are 22 provided on an advance basis to qualified individuals enrolled in a 23 qualified health plan through the New York state of health, the official 24 health plan marketplace in accordance with section 1412(a) of the 25 Affordable Care Act, 42 U.S.C. § 18082(c)(2). 26 (e) "Health care services" means the services and supplies as defined 27 by the commissioner in consultation with the superintendent of financial 28 services, and shall be consistent with and subject to the essential 29 health benefits as defined by the commissioner in accordance with the 30 provisions of the patient protection and affordable care act (P.L. 31 111-148) and consistent with the benefits provided by the reference plan 32 selected by the commissioner for purposes of defining such benefits. 33 2. Authorization. The commissioner of health is authorized, with the 34 approval of the director of the budget, to establish a program for the 35 subsidization of extended post-partum insurance coverage to the individ- 36 uals eligible under this section. 37 3. Eligibility. (a) A person is eligible to receive coverage for 38 health care services pursuant to this title if they: 39 (i) Are a qualified individual pursuant to subdivision ten of section 40 two hundred sixty-eight-a of the public health law; 41 (ii) Were eligible for medical assistance following a pregnancy pursu- 42 ant to subparagraph one of paragraph (b) of subdivision four of section 43 three hundred sixty-six of this article; and 44 (iii) Have income which exceeds two hundred percent, but does not 45 exceed two hundred and twenty-three percent, of the federal poverty line 46 for the applicable family size, which shall be calculated in accordance 47 with guidance issued by the secretary of the United States department of 48 health and human services. 49 (b) A person eligible under this subdivision remains eligible until 50 the end of the twelfth month following the end of a pregnancy. 51 4. Enrollment. (a) On the first day of the month following disenroll- 52 ment from medical assistance, pursuant to subparagraph one of paragraph 53 (b) of subdivision four of section three hundred sixty-six of this arti- 54 cle, persons eligible under this section will be enrolled in a state- 55 subsidized silver level qualified health plan.S. 2507--C 48 A. 3007--C 1 (b) Enrollment shall be subject to eligible individuals under this 2 section applying for and enrolling with the maximum advance premium tax 3 credit amount available to them. 4 5. Premiums. The state shall pay an eligible individual's remaining 5 premium obligation directly to their qualified health plan after apply- 6 ing the individual's maximum premium assistance amount, under section 7 1401(a) of the Patient Protection and Affordable Care Act, 26 U.S.C. § 8 36B(b)(2) and (3). 9 § 3. This act shall take effect October 1, 2021. The commissioner of 10 health shall immediately take all steps necessary and shall use best 11 efforts to secure federal financial participation for eligible benefici- 12 aries under title XIX of the social security act, for the purposes of 13 this act, including the prompt submission of appropriate amendments to 14 the title XIX state plan. 15 PART QQ 16 Section 1. The commissioner of health shall provide a report to the 17 temporary president of the senate, the speaker of the assembly, and the 18 chairs of the senate and assembly health committees by December 31, 2021 19 detailing the statutes, rules, and regulations, as well as other limita- 20 tions or processes, that apply to and govern the calculation and payment 21 of prescription drug dispensing fees to retail pharmacies by the state's 22 medical assistance program, both within the Medicaid managed care and 23 fee-for-service programs for the legislature to review, study, and 24 better understand the information provided in such report. 25 § 2. This act shall take effect immediately. 26 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 27 sion, section or part of this act shall be adjudged by any court of 28 competent jurisdiction to be invalid, such judgment shall not affect, 29 impair, or invalidate the remainder thereof, but shall be confined in 30 its operation to the clause, sentence, paragraph, subdivision, section 31 or part thereof directly involved in the controversy in which such judg- 32 ment shall have been rendered. It is hereby declared to be the intent of 33 the legislature that this act would have been enacted even if such 34 invalid provisions had not been included herein. 35 § 3. This act shall take effect immediately provided, however, that 36 the applicable effective date of Parts A through QQ of this act shall be 37 as specifically set forth in the last section of such Parts.
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A03007 Chamber Video/Transcript:
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