S07506 Summary:

BILL NOS07506B
 
SAME ASSAME AS UNI. A09506-B
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2020-2021 state fiscal year; relates to contracts for excellence and the apportionment of public moneys; relates to the statewide universal full-day pre-kindergarten program; relates to conditions under which districts are entitled to apportionment; relates to courses of instruction in patriotism and citizenship and in certain historic documents; relates to instruction in the Holocaust in certain schools; relates to moneys apportioned to school districts for commercial gaming grants; relates to the universal pre-kindergarten program; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2020-2021 school year; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; relates to conditional appointment of school district, charter school or BOCES employees; relates to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; relates to implementation of the No Child Left Behind Act of 2001; relates to the support of education; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to suballocations of appropriations; relates to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds; in relation to certain apportionments; relates to supplementary funding for dedicated programs for public school students in the East Ramapo central school district; authorizes deficit financing and an advance of aid payments for the Wyandanch union free school district, in relation to the issuance of serial bonds; and relates to the support of public libraries (Part A); relates to establishing the Syracuse Comprehensive Education and Workforce Training Center focusing on Science, Technology, Engineering, Arts, and Math to provide instruction to students in the Onondaga, Cortland and Madison county BOCES and the central New York region in the areas of science, technology, engineering, arts and mathematics (Part B); directs the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the apportionment of aid to such school district (Part C); relates to predictable tuition allowing annual tuition increase for certain SUNY schools (Part D); relates to utilizing reserves in the mortgage insurance fund for various housing purposes (Part H); authorizes a payment offset for rent administration costs (Part I); relates to requirements for sick leave (Part J); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part K); relates to judgments of parentage of children conceived through assisted reproduction or pursuant to surrogacy agreements; relates to restricting genetic surrogate parenting contracts; relates to voluntary acknowledgments of parentage, gestational surrogacy and regulations concerning ova donation; in relates to the regulation of surrogacy programs; relates to inheritance by children after the death of an intended parent; relates to legitimacy of children born by artificial insemination (Part L); relates to restructuring financing for residential school placements (Part N); relates to establishing the curing Alzheimer's health consortium (Part P); relates to the foster youth college success initiative (Part Q); relates to the standard of proof for unfounded and indicated reports of child abuse and maltreatment; relates to the admissibility of reports of child abuse and maltreatment (Part R); relates to increasing the annual amount of loans made to an agricultural producer from the housing development fund (Part S); relates to increasing the bonding authority of the New York city housing development corporation (Part T); relates to the date when the local legislative body of a city having a population of one million or more may determine the continuation of the emergency (Part U); relates to photo identification cards (Part V); relates to state support for the local enforcement of past-due property taxes (Part W); relates to the employer compensation expense tax (Part X); amends the New York Health Care Reform Act of 1996, in relation to extending certain provisions relating thereto; relates to health care initiative pool distributions; amends the New York Health Care Reform Act of 2000, in relation to extending the effectiveness of provisions thereof; eliminates programs that do not support the department of health's core mission; relates to payments for uncompensated care to certain voluntary non-profit diagnostic and treatment centers; relates to the distribution pool allocations and graduate medical education; relates to the assessments on covered lives; relates to tobacco control and insurance initiatives pool distributions; relates to malpractice and professional medical conduct; relates to enacting major components necessary to implement the state fiscal plan for the 2003-04 state fiscal year, in relation to the deposit of certain funds; extends payment provisions for general hospitals; extends payment provisions for certain medical assistance rates for certified home health agencies; extends payment provisions for certain personal care services medical assistance rates; relates to payments from the New York state medical indemnity fund; repeals certain provisions of the public health law relating to funding for certain programs (Part Y); relates to limiting the availability of enhanced quality of adult living program ("EQUAL") grants (Part Z); relates to transferring responsibility for the autism awareness and research fund to the office for people with developmental disabilities; relates to transferring responsibility for the comprehensive care centers for eating disorders to the office of mental health; repeals certain provisions relating to funding for certain programs (Part AA); relates to electronic prescriptions; relates to limiting the method of payment for prescription drugs under the medical assistance program; relates to continuing nursing home upper payment limit payments; relates to encouraging comprehensive health services; relates to allowing the use of funds of the office of professional medical conduct for activities of the patient health information and quality improvement act of 2000; relates to the statewide health information network of New York and the statewide planning and research cooperative system and general powers and duties; relates to reimbursement to participating provider pharmacies and prescription drug coverage; relates to issuance of certificates of authority to accountable care organizations; authorizes the commissioner of health to apply federally established consumer price index penalties for generic drugs, authorizes the commissioner of health to impose penalties on managed care plans for reporting late or incorrect encounter data; relates to supplemental rebates; relates to waiver of certain regulations; relates to rates for residential health care facilities; relates to medical reimbursement and welfare reform; relates to adjustments of rates; relates to the New York state health insurance continuation assistance demonstration project; relates to immunizing agents to be administered to adults by pharmacists; authorizes a licensed pharmacist and certified nurse practitioner to administer certain immunizing agents; authorizes pharmacists to perform collaborative drug therapy management with physicians in certain settings (Part BB); relates to the state's schedules of controlled substances (Part CC); relates to the state's modernization of environmental health fee (Part DD); relates to the sale of tobacco products and vapor products (Part EE); relates to the renaming of the Physically Handicapped Children's Program (Part FF); creates a single preferred-drug list for medication assisted treatment; relates to supplemental rebates; establishes payments for medical assistance; relates to medical assistance eligibility of certain persons and provides for managed medical care demonstration programs (Part GG); expands telehealth services (Part HH); establishes a pilot program for the purposes of promoting social determinant of health interventions (Part II); provides for the administration of certain funds and accounts related to the 2020-2021 budget, authorizes certain payments and transfers; relates to the administration of certain funds and accounts; relates to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of certain bonds or notes; relates to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of certain bonds or notes; relates to the issuance of certain bonds or notes; provides for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issuance of certain bonds or notes; amends the New York state medical care facilities finance agency act, in relation to the issuance of certain bonds or notes; amends the New York state urban development corporation act, in relation to the issuance of certain bonds or notes; relates to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of certain bonds or notes; relates to housing program bonds and notes; authorizes the dormitory authority of the state of New York and the urban development corporation to enter into line of credit facilities, and relates to state-supported debt issued during the 2021 fiscal year; relates to payments of bonds; relates to an action related to a bond; establishes the public health emergency charitable gifts trust fund (Part JJ); relates to the designation of statewide general hospital quality and sole community pools and the reduction of capital related inpatient expenses (Part KK); relates to reimbursement of transportation costs; relates to supplemental transportation payments; relates to reimbursement of emergency transportation services; manages Medicaid transportation services using the contracted transportation managers for transportation provided to enrollees of managed long term care plans; transitions to a Medicaid transportation broker; relates to reimbursement of emergency medical transportation (Part LL); relates to changing the authorization requirements for personal care services; relates to integrated medicaid managed care products for dual-eligibles; in relation to licensed home care service agency contracting; relates to fair hearings within the Fully Integrated Duals Advantage program; relates to integrated fair hearing and appeals processes; relates to the hospice worker recruitment and retention program; relates to licensed home care services agencies; directs the department of health to contract with an independent assessor to conduct community health assessments; relates to health homes and penalties for managed care providers, in relation to the effectiveness of certain contracts; relates to the medicaid eligibility look-back period and to the community spouse resource amount; relates to authorizations for personal care services; directs the department of health to establish or procure the services of an independent panel of clinical professionals and to develop and implement a uniform task-based assessment tool; relates to managed long term care plans program oversight and administration (Part MM); relates to discontinuing return of equity payments to for-profit nursing homes (Part NN); relates to wage parity enforcement (Part OO); relates to improving access to private duty nursing services for medically fragile children, removing limitations on alternative rehabilitative services and establishing pilot programs promoting the use of alternative treatments for individuals suffering from chronic lower back pain and diabetes and chronic disease self-management (Part PP); relates to managed care encounter data (Part QQ); relatesn to authorizing providing relocation and employment assistance credits (Part RR); relates to abatement of tax payments for certain industrial and commercial properties in a city of one million or more persons (Part SS); relates to omitting a candidate for the office of president of the United States from the primary ballot (Part TT); relates to securing orders and pretrial proceedings (Part UU); relates to transit crimes and prohibition orders relating to such crimes (Part VV); amends the Hudson river park act, in relation to Pier 76 (Part WW); relates to prescription drug pricing and creating a drug accountability board (Part XX); relates to claims payment timeframes and payment of interest, payment and billing for out-of-network hospital emergency services, claims payment performance and creation of a workgroup to study health care administrative simplification; relates to claims for medical debt; relates to provisional credentialing of physicians, relates to preventing recoupment of COVID-19 related inpatient and emergency services claims (Part YY); relates to certain Medicaid management (Part ZZ); relates to malpractice and professional medical conduct; extends certain provisions concerning the hospital excess liability pool; amends the New York Health Care Reform Act of 1996 and other laws relating to extending certain provisions relating thereto, in relation to extending provisions relating to excess coverage (Part AAA); relates to known and projected department of health state fund Medicaid expenditures, in relation to extending the Medicaid global cap (Part CCC); relates to capping cost sharing for insulin (Part DDD); relates to the New York State Bridge Authority (Part EEE); relates to extending and enhancing the Medicaid drug cap and to reduce unnecessary pharmacy benefit manager costs to the Medicaid program; 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; relates to participation and membership in a demonstration period (Part FFF); relates to enacting the emergency or disaster treatment protection act (Part GGG); relates to automatic discovery (Part HHH); relates to establishing a period of probable usefulness for airport construction and improvement of the Ithaca Tompkins International Airport (Part III); validates certain acts of the Mahopac Central school district with regard to certain capital improvement projects (Part JJJ); relates to managed care encounter data, authorizes electronic notifications, establishes regional demonstration projects (Part KKK); relates to the operation and administration of the legislature, in relation to extending such provisions (Part LLL).
Go to top    

S07506 Actions:

BILL NOS07506B
 
01/22/2020REFERRED TO FINANCE
02/22/2020AMEND (T) AND RECOMMIT TO FINANCE
02/22/2020PRINT NUMBER 7506A
04/02/2020AMEND (T) AND RECOMMIT TO FINANCE
04/02/2020PRINT NUMBER 7506B
04/02/2020ORDERED TO THIRD READING
04/02/2020MESSAGE OF NECESSITY - 3 DAY MESSAGE
04/02/2020PASSED SENATE
04/02/2020DELIVERED TO ASSEMBLY
04/02/2020referred to ways and means
04/02/2020substituted for a9506b
04/02/2020ordered to third reading rules cal.22
04/02/2020motion to amend lost
04/02/2020message of necessity - 3 day message
04/02/2020passed assembly
04/02/2020returned to senate
04/03/2020DELIVERED TO GOVERNOR
04/03/2020SIGNED CHAP.56
Go to top

S07506 Committee Votes:

Go to top

S07506 Floor Votes:

DATE:04/02/2020MOTION:MANKTELOW; To amend YEA/NAY: 45/97
No
Abbate
No
Crespo
No
Galef
No
Lifton
No
Peoples-Stokes
Yes
Smith
No
Abinanti
Yes
Crouch
ER
Gantt
Yes
LiPetri
No
Perry
Yes
Smullen
No
Arroyo
No
Cruz
Yes
Garbarino
No
Lupardo
No
Pheffer Amato
No
Solages
Yes
Ashby
Yes
Cusick
Yes
Giglio
No
Magnarelli
No
Pichardo
Yes
Stec
No
Aubry
No
Cymbrowitz
No
Glick
Yes
Malliotakis
No
Pretlow
No
Steck
Yes
Barclay
No
Darling
Yes
Goodell
Yes
Manktelow
No
Quart
No
Stern
No
Barnwell
No
Davila
No
Gottfried
No
McDonald
Yes
Ra
No
Stirpe
No
Barrett
No
De La Rosa
No
Griffin
Yes
McDonough
No
Ramos
Yes
Tague
No
Barron
No
DenDekker
No
Gunther
No
McMahon
Yes
Reilly
No
Taylor
No
Benedetto
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
No
Reyes
No
Thiele
No
Bichotte
No
Dickens
No
Hevesi
ER
Miller B
ER
Richardson
No
Vanel
No
Blake
No
Dilan
No
Hunter
Yes
Miller MG
No
Rivera
Yes
Walczyk
Yes
Blankenbush
No
Dinowitz
No
Hyndman
Yes
Miller ML
No
Rodriguez
No
Walker
Yes
Brabenec
Yes
DiPietro
No
Jacobson
Yes
Montesano
No
Rosenthal D
No
Wallace
No
Braunstein
No
D'Urso
No
Jaffee
Yes
Morinello
No
Rosenthal L
Yes
Walsh
No
Bronson
Yes
Eichenstein
No
Jean-Pierre
No
Mosley
No
Rozic
No
Weinstein
No
Buchwald
No
Englebright
Yes
Johns
No
Niou
No
Ryan
No
Weprin
No
Burke
No
Epstein
No
Jones
No
Nolan
Yes
Salka
No
Williams
Yes
Buttenschon
No
Fahy
No
Joyner
Yes
Norris
Yes
Santabarbara
No
Woerner
Yes
Byrne
No
Fall
No
Kim
No
O'Donnell
No
Sayegh
No
Wright
Yes
Byrnes
No
Fernandez
Yes
Kolb
No
Ortiz
ER
Schimminger
No
Zebrowski
No
Cahill
ER
Finch
Yes
Lalor
No
Otis
Yes
Schmitt
No
Mr. Speaker
No
Carroll
Yes
Fitzpatrick
No
Lavine
Yes
Palmesano
No
Seawright
No
Colton
Yes
Friend
Yes
Lawrence
Yes
Palumbo
No
Simon
No
Cook
No
Frontus
No
Lentol
No
Paulin
No
Simotas

‡ Indicates voting via videoconference
DATE:04/03/2020Assembly Vote  YEA/NAY: 76/66
Yes
Abbate
Yes
Crespo
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
No
Smith
Yes
Abinanti
No
Crouch
ER
Gantt
No
LiPetri
Yes
Perry
No
Smullen
Yes
Arroyo
No
Cruz
No
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Solages
No
Ashby
Yes
Cusick
No
Giglio
Yes
Magnarelli
Yes
Pichardo
No
Stec
No
Aubry
Yes
Cymbrowitz
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Steck
No
Barclay
Yes
Darling
No
Goodell
No
Manktelow
No
Quart
Yes
Stern
Yes
Barnwell
Yes
Davila
Yes
Gottfried
Yes
McDonald
No
Ra
Yes
Stirpe
Yes
Barrett
No
De La Rosa
Yes
Griffin
No
McDonough
Yes
Ramos
No
Tague
No
Barron
Yes
DenDekker
Yes
Gunther
Yes
McMahon
No
Reilly
No
Taylor
Yes
Benedetto
No
DeStefano
No
Hawley
No
Mikulin
No
Reyes
Yes
Thiele
Yes
Bichotte
Yes
Dickens
Yes
Hevesi
ER
Miller B
ER
Richardson
Yes
Vanel
No
Blake
No
Dilan
No
Hunter
Yes
Miller MG
Yes
Rivera
No
Walczyk
No
Blankenbush
Yes
Dinowitz
Yes
Hyndman
No
Miller ML
Yes
Rodriguez
No
Walker
No
Brabenec
No
DiPietro
Yes
Jacobson
No
Montesano
Yes
Rosenthal D
Yes
Wallace
Yes
Braunstein
Yes
D'Urso
Yes
Jaffee
No
Morinello
No
Rosenthal L
No
Walsh
Yes
Bronson
Yes
Eichenstein
Yes
Jean-Pierre
No
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
Yes
Englebright
No
Johns
No
Niou
Yes
Ryan
Yes
Weprin
Yes
Burke
No
Epstein
Yes
Jones
Yes
Nolan
No
Salka
Yes
Williams
No
Buttenschon
Yes
Fahy
Yes
Joyner
No
Norris
No
Santabarbara
Yes
Woerner
No
Byrne
Yes
Fall
No
Kim
No
O'Donnell
Yes
Sayegh
No
Wright
No
Byrnes
No
Fernandez
No
Kolb
No
Ortiz
ER
Schimminger
Yes
Zebrowski
Yes
Cahill
ER
Finch
No
Lalor
Yes
Otis
No
Schmitt
Yes
Mr. Speaker
No
Carroll
No
Fitzpatrick
Yes
Lavine
No
Palmesano
Yes
Seawright
Yes
Colton
No
Friend
No
Lawrence
No
Palumbo
No
Simon
Yes
Cook
No
Frontus
No
Lentol
Yes
Paulin
No
Simotas

‡ Indicates voting via videoconference
Go to top

S07506 Memo:

Memo not available
Go to top

S07506 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7506--B                                            A. 9506--B
 
                SENATE - ASSEMBLY
 
                                    January 22, 2020
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee  on  Ways  and  Means -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend the education law, in relation to contracts  for  excel-
          lence  and  the apportionment of public moneys; to amend the education
          law, in relation to the statewide universal full-day  pre-kindergarten
          program;  to  amend the education law, in relation to conditions under
          which districts are entitled to apportionment; to amend the  education
          law,  in relation to courses of instruction in patriotism and citizen-
          ship and in certain historic documents; to amend the education law, in
          relation to instruction in the Holocaust in certain schools; to  amend
          the  education  law,  in  relation  to  moneys  apportioned  to school
          districts for commercial gaming grants; to amend part B of chapter  57
          of  the  laws  of  2008  amending  the  education  law relating to the
          universal pre-kindergarten program, in relation to  the  effectiveness
          thereof; to amend chapter 756 of the laws of 1992, relating to funding
          a  program  for  work  force education conducted by the consortium for
          worker education in New York city, in relation to  reimbursements  for
          the  2020-2021  school year; to amend chapter 756 of the laws of 1992,
          relating to funding a program for work force  education  conducted  by
          the  consortium  for worker education in New York city, in relation to
          withholding a portion of employment preparation education aid  and  in
          relation  to  the  effectiveness  thereof; to amend chapter 169 of the
          laws of 1994, relating to certain provisions related  to  the  1994-95
          state operations, aid to localities, capital projects and debt service
          budgets,  in  relation  to the effectiveness thereof; to amend chapter
          147 of the laws of 2001, amending the education law relating to condi-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12672-03-0

        S. 7506--B                          2                         A. 9506--B

          tional appointment of school district, charter school or BOCES employ-
          ees, in relation to the effectiveness thereof; to amend chapter 425 of
          the laws of 2002, amending the education law relating to the provision
          of  supplemental  educational  services,  attendance  at a safe public
          school and the suspension of pupils who bring a firearm to or  possess
          a  firearm  at  a school, in relation to the effectiveness thereof; to
          amend chapter 101 of the laws of  2003,  amending  the  education  law
          relating to implementation of the No Child Left Behind Act of 2001, in
          relation  to  the effectiveness thereof; to amend part C of chapter 57
          of the laws of 2004, relating to the support of education, in relation
          to the effectiveness thereof; relates to school bus  driver  training;
          relates  to  special  apportionment  for  salary  expenses  and public
          pension accruals; relates to authorizing the city school  district  of
          the  city of Rochester to purchase certain services; relates to subal-
          locations of appropriations; to amend chapter 121 of the laws of 1996,
          relating to authorizing the Roosevelt union free  school  district  to
          finance  deficits  by  the  issuance  of  serial bonds; in relation to
          certain apportionments; to amend chapter 89 of the laws of 2016 relat-
          ing to supplementary funding for dedicated programs for public  school
          students  in  the  East Ramapo central school district, in relation to
          the effectiveness thereof; to amend chapter 18 of the  laws  of  2020,
          authorizing  deficit  financing and an advance of aid payments for the
          Wyandanch union free school district, in relation to the  issuance  of
          serial bonds; and relates to the support of public libraries (Part A);
          to  amend  the education law, in relation to establishing the Syracuse
          Comprehensive Education and  Workforce  Training  Center  focusing  on
          Science,  Technology,  Engineering, Arts, and Math to provide instruc-
          tion to students in the Onondaga, Cortland and  Madison  county  BOCES
          and  the  central New York region in the areas of science, technology,
          engineering, arts and mathematics (Part B); directing the commissioner
          of education to appoint  a  monitor  for  the  Rochester  city  school
          district,  establishing  the  powers  and  duties  of such monitor and
          certain other officers and relating to the  apportionment  of  aid  to
          such  school  district;  and  providing  for  the  repeal  of  certain
          provisions upon the expiration thereof (Part C); to amend  the  educa-
          tion  law,  in relation to predictable tuition allowing annual tuition
          increase for certain SUNY  schools  (Part  D);  intentionally  omitted
          (Part  E); intentionally omitted (Part F); intentionally omitted (Part
          G); to utilize reserves in the mortgage  insurance  fund  for  various
          housing  purposes  (Part  H); to amend the emergency tenant protection
          act of nineteen seventy-four, in relation  to  authorizing  a  payment
          offset for rent administration costs (Part I); to amend the labor law,
          in  relation  to  requirements  for  sick leave (Part J); to amend the
          social services law, in relation to increasing the standards of month-
          ly need for aged, blind and disabled persons living in  the  community
          (Part  K);  to amend the family court act, in relation to judgments of
          parentage of  children  conceived  through  assisted  reproduction  or
          pursuant to surrogacy agreements; to amend the domestic relations law,
          in  relation  to restricting genetic surrogate parenting contracts; to
          amend the public health law, in relation to voluntary  acknowledgments
          of  parentage,  gestational  surrogacy  and regulations concerning ova
          donation; to amend the general business law, the estates,  powers  and
          trusts law, the social services law and the insurance law, in relation
          to  the  regulation of surrogacy programs; to amend the estates powers
          and trusts law, in relation to inheritance by children after the death
          of an intended parent; and  to  repeal  section  73  of  the  domestic

        S. 7506--B                          3                         A. 9506--B
 
          relations  law,  relating to legitimacy of children born by artificial
          insemination (Part L); intentionally omitted (Part M);  to  amend  the
          social  services law, in relation to restructuring financing for resi-
          dential  school placements; to repeal certain provisions of the educa-
          tion law relating thereto;  and  providing  for  the  repeal  of  such
          provisions  upon  expiration  thereof  (Part N); intentionally omitted
          (Part O); to amend the education law, in relation to establishing  the
          curing  Alzheimer's health consortium (Part P); to amend the education
          law, in relation to the foster youth college success initiative  (Part
          Q);  to  amend the social services law, in relation to the standard of
          proof for unfounded and indicated reports of child abuse and maltreat-
          ment; and to amend the family court act, in relation to  the  admissi-
          bility  of  reports of child abuse and maltreatment (Part R); to amend
          the private housing finance law, in relation to increasing the  annual
          amount  of  loans  made  to  an agricultural producer from the housing
          development fund (Part S); to amend the private housing  finance  law,
          in  relation  to increasing the bonding authority of the New York city
          housing development corporation (Part T); to amend the local emergency
          housing rent control act, in relation  to  the  date  when  the  local
          legislative  body of a city having a population of one million or more
          may determine the continuation of the emergency (Part U); to amend the
          social services law and the vehicle and traffic law,  in  relation  to
          photo identification cards (Part V); to amend the tax law, in relation
          to  state support for the local enforcement of past-due property taxes
          (Part W); and to amend the  tax  law,  in  relation  to  the  employer
          compensation  expense  tax (Part X); to amend the New York Health Care
          Reform Act of 1996, in relation to extending certain provisions relat-
          ing thereto; to amend the public health law,  in  relation  to  health
          care  initiative pool distributions; to amend the New York Health Care
          Reform Act of 2000, in relation  to  extending  the  effectiveness  of
          provisions  thereof;  to  amend  the  public  health law and the state
          financial law in relation to eliminating programs that do not  support
          the  department  of  health's core mission; to amend the public health
          law, in relation to payments for uncompensated care to certain  volun-
          tary  non-profit diagnostic and treatment centers; to amend the public
          health law, in relation to the distribution pool allocations and grad-
          uate medical education; to amend the public health law, in relation to
          the assessments on covered lives; to amend the public health  law,  in
          relation  to  tobacco  control and insurance initiatives pool distrib-
          utions; to amend chapter 266 of the laws of 1986  amending  the  civil
          practice  law  and  rules  and  other laws relating to malpractice and
          professional medical conduct, in relation to extending the  effective-
          ness of certain provisions thereof; to amend chapter 62 of the laws of
          2003  amending  the  general  business  law and other laws relating to
          enacting major components necessary to implement the state fiscal plan
          for the 2003-04 state fiscal year,  in  relation  to  the  deposit  of
          certain  funds;  to  amend  the  social  services  law, in relation to
          extending payment provisions  for  general  hospitals;  to  amend  the
          public  health  law,  in  relation to extending payment provisions for
          certain medical assistance rates for certified home  health  agencies;
          to  amend  the  social  services law, in relation to extending payment
          provisions for  certain  personal  care  services  medical  assistance
          rates;  to  amend  chapter 517 of the laws of 2016 amending the public
          health law relating to payments from the New York state medical indem-
          nity fund, in relation to the effectiveness  thereof;  and  to  repeal
          certain  provisions  of  the public health law relating to funding for

        S. 7506--B                          4                         A. 9506--B
 
          certain programs (Part Y);  to  amend  the  social  services  law,  in
          relation  to  limiting  the  availability of enhanced quality of adult
          living program ("EQUAL") grants (Part Z); to amend the  state  finance
          law,  in relation to transferring responsibility for the autism aware-
          ness and research fund to the office  for  people  with  developmental
          disabilities;  to  amend the mental hygiene law, the insurance law and
          the labor law, in relation  to  transferring  responsibility  for  the
          comprehensive  care  centers  for  eating  disorders  to the office of
          mental health; and to repeal certain provisions of the  public  health
          law relating to funding for certain programs (Part AA); to amend chap-
          ter  59  of  the laws of 2016 amending the public health law and other
          laws relating to electronic prescriptions, in relation to  the  effec-
          tiveness  thereof;  to  amend chapter 19 of the laws of 1998, amending
          the social services law relating to limiting the method of payment for
          prescription drugs under the medical assistance program,  in  relation
          to  the  effectiveness  thereof;  to  amend  the public health law, in
          relation to continuing nursing home upper payment limit  payments;  to
          amend  chapter 904 of the laws of 1984, amending the public health law
          and the social services  law  relating  to  encouraging  comprehensive
          health  services,  in  relation to the effectiveness thereof; to amend
          chapter 62 of the laws of 2003, amending the public health law  relat-
          ing  to  allowing  for  the use of funds of the office of professional
          medical conduct for activities of the patient health  information  and
          quality  improvement  act  of  2000,  in  relation  to  extending  the
          provisions thereof; to amend chapter 59 of the laws of 2011,  amending
          the  public  health  law  relating to the statewide health information
          network of New York and the statewide planning  and  research  cooper-
          ative  system and general powers and duties, in relation to the effec-
          tiveness thereof; to amend chapter 58 of the laws  of  2008,  amending
          the  elder law and other laws relating to reimbursement to participat-
          ing provider pharmacies and prescription drug coverage, in relation to
          extending the expiration of certain provisions thereof; to  amend  the
          public health law, in relation to issuance of certificates of authori-
          ty  to accountable care organizations; to amend chapter 59 of the laws
          of 2016, amending the social services law and other laws  relating  to
          authorizing  the commissioner of health to apply federally established
          consumer price index penalties for generic drugs, and authorizing  the
          commissioner  of  health to impose penalties on managed care plans for
          reporting late or incorrect encounter data, in relation to the  effec-
          tiveness  of  certain  provisions  of such chapter; to amend part B of
          chapter 57 of the laws of 2015, amending the social services  law  and
          other laws relating to supplemental rebates, in relation to the effec-
          tiveness  thereof;  to  amend chapter 57 of the laws of 2019, amending
          the public health law relating to waiver of  certain  regulations,  in
          relation  to  the  effectiveness  thereof; to amend chapter 474 of the
          laws of 1996, amending the education law and other  laws  relating  to
          rates for residential health care facilities, in relation to extending
          the  effectiveness  of certain provisions 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
          extending the effectiveness of certain provisions  thereof;  to  amend
          chapter  58  of the laws of 2008, amending the social services law and
          the public health law relating to adjustments of rates, in relation to
          extending the date of the expiration of certain provisions thereof; 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

        S. 7506--B                          5                         A. 9506--B
 
          continuation assistance demonstration  project,  in  relation  to  the
          effectiveness  thereof;  to  amend  chapter  563  of the laws of 2008,
          amending the education law and  the  public  health  law  relating  to
          immunizing  agents  to  be  administered  to adults by pharmacists, in
          relation to the effectiveness thereof; to amend  chapter  116  of  the
          laws  of  2012,  amending  the education law relating to authorizing a
          licensed pharmacist and certified  nurse  practitioner  to  administer
          certain  immunizing  agents, in relation to the effectiveness thereof;
          and to amend chapter 21 of the laws of 2011,  amending  the  education
          law  relating to authorizing pharmacists to perform collaborative drug
          therapy management with physicians in certain settings, in relation to
          the effectiveness thereof (Part BB); to amend the public  health  law,
          in  relation  to  the state's schedules of controlled substances (Part
          CC); to amend the public health law and the labor law, in relation  to
          the  state's  modernization  of environmental health fee (Part DD); to
          amend the public health law, the tax law and the general business law,
          in relation to the sale of tobacco products and vapor  products  (Part
          EE);  to  amend  the public health law, in relation to the renaming of
          the Physically Handicapped Children's Program (Part FF); to amend  the
          social services law and the public health law, in relation to creating
          a  single  preferred-drug  list  for medication assisted treatment; to
          amend chapter 57 of the laws of 2015, amending the social services law
          and other laws relating to supplemental rebates, in  relation  to  the
          effectiveness  thereof;  to  amend  chapter  165  of the laws of 1991,
          amending the public health law and other laws relating to establishing
          payments for medical assistance,  in  relation  to  the  effectiveness
          thereof; to amend chapter 710 of the laws of 1988, amending the social
          services  law  and  the  education  law relating to medical assistance
          eligibility of certain persons and providing for managed medical  care
          demonstration  programs, in relation to the effectiveness thereof; and
          providing for the repeal of certain provisions upon expiration thereof
          (Part GG); to amend the public health law, in  relation  to  expanding
          telehealth  services  (Part  HH); to establish a pilot program for the
          purposes of promoting social determinant of health interventions (Part
          II); to provide for the administration of certain funds  and  accounts
          related  to  the  2020-2021  budget,  authorizing certain payments and
          transfers; to amend the state finance law, in relation to the adminis-
          tration of certain funds and accounts; to amend part D of chapter  389
          of  the  laws  of  1997  relating to the financing of the correctional
          facilities improvement fund and the youth facility  improvement  fund,
          in relation to the issuance of certain bonds or notes; to amend part Y
          of  chapter  61  of  the  laws  of 2005, relating to providing for the
          administration of certain funds and accounts related to the  2005-2006
          budget,  in  relation  to  the  issuance of certain bonds or notes; to
          amend the public authorities law,  in  relation  to  the  issuance  of
          certain  bonds  or notes; to amend part K of chapter 81 of the laws of
          2002, relating to providing for the administration  of  certain  funds
          and accounts related to the 2002-2003 budget, in relation to the issu-
          ance  of  certain  bonds or notes; to amend the New York state medical
          care facilities finance agency act, in relation  to  the  issuance  of
          certain  bonds or notes; to amend the New York state urban development
          corporation act, in relation to  the  issuance  of  certain  bonds  or
          notes;  to  amend  chapter 329 of the laws of 1991, amending the state
          finance law and other laws relating to the establishment of the  dedi-
          cated  highway  and  bridge trust fund, in relation to the issuance of
          certain bonds or notes;  to  amend  the  public  authorities  law,  in

        S. 7506--B                          6                         A. 9506--B
 
          relation  to  the issuance of certain bonds or notes; to amend the New
          York state urban development corporation act, in relation to the issu-
          ance of certain bonds or notes; to amend the private  housing  finance
          law,  in relation to housing program bonds and notes; to amend the New
          York state urban development corporation act, in relation to authoriz-
          ing the dormitory authority of the state of New  York  and  the  urban
          development  corporation  to enter into line of credit facilities, and
          in relation to state-supported debt  issued  during  the  2021  fiscal
          year;  to  amend  the  state  finance  law, in relation to payments of
          bonds; to amend the civil practice law and rules, in  relation  to  an
          action  related to a bond; to amend the state finance law, in relation
          to establishing the public health  emergency  charitable  gifts  trust
          fund;  and providing for the repeal of certain provisions upon expira-
          tion thereof (Part JJ); to amend the public health law, in relation to
          the designation of statewide general hospital quality and sole  commu-
          nity pools and the reduction of capital related inpatient expenses; to
          repeal  certain provisions of such law relating thereto; and providing
          for the repeal of certain provisions  upon  expiration  thereof  (Part
          KK); to amend the social services law, in relation to reimbursement of
          transportation  costs;  to  supplemental  transportation  payments; to
          reimbursement of emergency transportation services; to manage Medicaid
          transportation services using the contracted  transportation  managers
          for  transportation  provided  to  enrollees of managed long term care
          plans; to transition to  a  Medicaid  transportation  broker;  and  to
          reimbursement  of emergency medical transportation (Part LL); to amend
          the social services law, in relation  to  changing  the  authorization
          requirements  for  personal  care services; to amend the public health
          law, in relation to integrated  medicaid  managed  care  products  for
          dual-eligibles;  in  relation  to  licensed  home  care service agency
          contracting; to amend chapter 60 of the laws  of  2014,  amending  the
          social  services  law relating to fair hearings within the Fully Inte-
          grated Duals Advantage program, in relation to the effectiveness ther-
          eof; to amend the social services law, in relation to integrated  fair
          hearing  and  appeals  processes;  to  amend the public health law, in
          relation to the hospice worker recruitment and  retention program;  in
          relation  to  licensed  home  care  services  agencies;  to direct the
          department of health to  contract  with  an  independent  assessor  to
          conduct community health assessments; to amend part C of chapter 57 of
          the  laws  of  2018,  amending  the social services law and the public
          health law relating  to  health homes  and penalties for managed  care
          providers,  in  relation to the effectiveness of certain contracts; to
          amend the social services law, in relation to the medicaid eligibility
          look-back period and to the community spouse resource amount; to amend
          the public health law, in relation to authorizations for personal care
          services; to direct the department of health to establish  or  procure
          the  services of an independent panel of clinical professionals and to
          develop and implement a uniform task-based  assessment  tool;  and  in
          relation  to managed long term care plans program oversight and admin-
          istration (Part MM); to amend the public health law,  in  relation  to
          discontinuing  return  of  equity payments to for-profit nursing homes
          (Part NN); to amend the public  health  law  and  the  labor  law,  in
          relation  to  wage  parity  enforcement (Part OO); to amend the social
          services law, in relation to improving access to private duty  nursing
          services  for  medically  fragile  children,  removing  limitations on
          alternative rehabilitative services and  establishing  pilot  programs
          promoting  the use of alternative treatments for individuals suffering

        S. 7506--B                          7                         A. 9506--B
 
          from chronic lower back pain and diabetes and  chronic  disease  self-
          management  (Part  PP);  to  amend the social services law, the public
          health law and the insurance law, in relation to managed care encount-
          er  data  (Part QQ); to amend the general city law and the administra-
          tive code of the city of New York, in relation to authorizing  provid-
          ing  relocation  and employment assistance credits (Part RR); to amend
          the real property tax law and the administrative code of the  city  of
          New  York, in relation to abatement of tax payments for certain indus-
          trial and commercial properties in a  city  of  one  million  or  more
          persons  (Part SS); to amend the election law, in relation to omitting
          a candidate for the office of president of the United States from  the
          primary  ballot  (Part  TT);  to amend the criminal procedure law, the
          judiciary law and the executive law, in relation  to  securing  orders
          and  pretrial  proceedings  (Part  UU);  to  amend  the  penal law, in
          relation to transit crimes and prohibition  orders  relating  to  such
          crimes  (Part  VV); to amend the Hudson river park act, in relation to
          Pier 76 (Part  WW);  to  amend  the  insurance  law,  in  relation  to
          prescription  drug  pricing  and  creating a drug accountability board
          (Part XX); to amend the financial services law and the insurance  law,
          in  relation  to  claims  payment  timeframes and payment of interest,
          payment and billing for out-of-network  hospital  emergency  services,
          claims payment performance and creation of a workgroup to study health
          care  administrative  simplification;  to amend the civil practice law
          and rules, in relation to claims for medical debt; to amend the public
          health law, the insurance law  and  the  financial  services  law,  in
          relation  to  provisional credentialing of physicians and to amend the
          insurance law and the public health law,  in  relation  to  preventing
          recoupment of COVID-19 related inpatient and emergency services claims
          (Part  YY);  to  amend  the  tax  law  and the social services law, in
          relation to certain Medicaid management; and providing for the  repeal
          of such provisions upon expiration thereof (Part ZZ); to amend chapter
          266  of the laws of 1986 amending the civil practice law and rules and
          other laws relating to malpractice and professional  medical  conduct,
          in relation to extending the effectiveness of certain provisions ther-
          eof;  to amend part J of chapter 63 of the laws of 2001 amending chap-
          ter 266 of the laws of 1986, amending the civil practice law and rules
          and other  laws  relating  to  malpractice  and  professional  medical
          conduct,  relating  to the effectiveness of certain provisions of such
          chapter, in relation to extending certain  provisions  concerning  the
          hospital  excess  liability pool; and to amend part H of chapter 57 of
          the laws of 2017, amending the New York Health Care Reform Act of 1996
          and other laws relating to extending certain provisions relating ther-
          eto, in relation to extending provisions relating to  excess  coverage
          (Part AAA); intentionally omitted (Part BBB); to amend part H of chap-
          ter  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 CCC); to amend the insurance law,  in  relation  to  capping
          cost  sharing  for insulin (Part DDD); to amend the public authorities
          law, in relation to the New York State Bridge Authority (Part EEE); to
          amend the public health law, in relation to  extending  and  enhancing
          the  Medicaid  drug  cap  and  to  reduce unnecessary pharmacy benefit
          manager costs to the Medicaid program; to  direct  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;  and  to  amend the public health law, in relation to partic-

        S. 7506--B                          8                         A. 9506--B

          ipation and membership in a demonstration period (Part FFF); to  amend
          the public health law, in relation to enacting the emergency or disas-
          ter  treatment protection act (Part GGG); to amend the criminal proce-
          dure  law  and  the  judiciary law, in relation to automatic discovery
          (Part HHH); to amend the local finance law, in relation to  establish-
          ing  a  period  of  probable  usefulness  for airport construction and
          improvement of the Ithaca Tompkins International Airport  (Part  III);
          to  validate  certain acts of the Mahopac Central school district with
          regard to certain capital improvement projects (Part  JJJ);  to  amend
          the  social services law, the public health law and the insurance law,
          in relation to managed care  encounter  data,  authorizing  electronic
          notifications,  and establishing regional demonstration projects (Part
          KKK); and to amend chapter 141 of  the  laws  of  1994,  amending  the
          legislative  law  and  the state finance law relating to the operation
          and administration of the legislature, in relation to  extending  such
          provisions (Part LLL)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  which are necessary to implement the state fiscal plan for the 2020-2021
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through LLL. The effective date for  each  partic-
     5  ular  provision  contained  within  such  Part  is set forth in the last
     6  section of such Part. Any provision in any section  contained  within  a
     7  Part,  including the effective date of the Part, which makes a reference
     8  to a section "of this act", when used in connection with that particular
     9  component, shall be deemed  to  mean  and  refer  to  the  corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    14  tion  law, as amended by section 1 of part YYY of chapter 59 of the laws
    15  of 2019, is amended to read as follows:
    16    e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
    17  district  that  submitted a contract for excellence for the two thousand
    18  eight--two thousand nine school year shall submit a contract for  excel-
    19  lence  for  the  two  thousand  nine--two  thousand  ten  school year in
    20  conformity with the requirements of subparagraph (vi) of paragraph a  of
    21  subdivision  two  of this section unless all schools in the district are
    22  identified as in good standing  and  provided  further  that,  a  school
    23  district  that  submitted a contract for excellence for the two thousand
    24  nine--two thousand ten school year, unless all schools in  the  district
    25  are  identified  as in good standing, shall submit a contract for excel-
    26  lence for the two thousand eleven--two thousand twelve school year which
    27  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    28  graph  a of subdivision two of this section, provide for the expenditure
    29  of an amount which shall be not less than  the  product  of  the  amount
    30  approved  by the commissioner in the contract for excellence for the two
    31  thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
    32  district's  gap  elimination  adjustment percentage and provided further
    33  that, a school district that submitted a contract for excellence for the

        S. 7506--B                          9                         A. 9506--B
 
     1  two thousand eleven--two thousand twelve school year, unless all schools
     2  in the district are identified as  in  good  standing,  shall  submit  a
     3  contract  for excellence for the two thousand twelve--two thousand thir-
     4  teen  school  year  which  shall,  notwithstanding  the  requirements of
     5  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
     6  provide  for  the  expenditure of an amount which shall be not less than
     7  the amount approved by the commissioner in the contract  for  excellence
     8  for  the  two  thousand  eleven--two  thousand  twelve  school  year and
     9  provided further that, a school district that submitted a  contract  for
    10  excellence  for  the  two  thousand twelve--two thousand thirteen school
    11  year, unless all schools in the  district  are  identified  as  in  good
    12  standing,  shall  submit  a contract for excellence for the two thousand
    13  thirteen--two thousand fourteen school year which shall, notwithstanding
    14  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    15  of this section, provide for the expenditure of an amount which shall be
    16  not  less  than  the amount approved by the commissioner in the contract
    17  for excellence for the two thousand twelve--two thousand thirteen school
    18  year and provided further that,  a  school  district  that  submitted  a
    19  contract  for  excellence  for  the  two thousand thirteen--two thousand
    20  fourteen school year, unless all schools in the district are  identified
    21  as  in good standing, shall submit a contract for excellence for the two
    22  thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
    23  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
    24  subdivision two of this section,  provide  for  the  expenditure  of  an
    25  amount  which  shall be not less than the amount approved by the commis-
    26  sioner in the contract for excellence for the two thousand thirteen--two
    27  thousand fourteen school year;  and  provided  further  that,  a  school
    28  district  that  submitted a contract for excellence for the two thousand
    29  fourteen--two thousand fifteen school year, unless all  schools  in  the
    30  district are identified as in good standing, shall submit a contract for
    31  excellence  for  the  two  thousand fifteen--two thousand sixteen school
    32  year which shall, notwithstanding the requirements of subparagraph  (vi)
    33  of  paragraph  a  of  subdivision  two  of this section, provide for the
    34  expenditure of an amount  which  shall  be  not  less  than  the  amount
    35  approved  by the commissioner in the contract for excellence for the two
    36  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    37  further  that a school district that submitted a contract for excellence
    38  for the two thousand fifteen--two thousand sixteen school  year,  unless
    39  all  schools  in  the district are identified as in good standing, shall
    40  submit a contract for excellence for the two thousand sixteen--two thou-
    41  sand seventeen school year which shall, notwithstanding the requirements
    42  of subparagraph (vi) of paragraph a of subdivision two of this  section,
    43  provide  for  the  expenditure of an amount which shall be not less than
    44  the amount approved by the commissioner in the contract  for  excellence
    45  for  the  two  thousand  fifteen--two  thousand sixteen school year; and
    46  provided further that, a school district that submitted a  contract  for
    47  excellence  for  the two thousand sixteen--two thousand seventeen school
    48  year, unless all schools in the  district  are  identified  as  in  good
    49  standing,  shall  submit  a contract for excellence for the two thousand
    50  seventeen--two thousand eighteen school year which shall,  notwithstand-
    51  ing  the requirements of subparagraph (vi) of paragraph a of subdivision
    52  two of this section, provide for the  expenditure  of  an  amount  which
    53  shall  be  not  less than the amount approved by the commissioner in the
    54  contract for excellence  for  the  two  thousand  sixteen--two  thousand
    55  seventeen  school year; and provided further that a school district that
    56  submitted a contract for excellence for the two thousand  seventeen--two

        S. 7506--B                         10                         A. 9506--B
 
     1  thousand  eighteen  school  year, unless all schools in the district are
     2  identified as in good standing, shall submit a contract  for  excellence
     3  for  the  two thousand eighteen--two thousand nineteen school year which
     4  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
     5  graph a of subdivision two of this section, provide for the  expenditure
     6  of  an  amount  which  shall be not less than the amount approved by the
     7  commissioner in the contract for excellence for the two thousand  seven-
     8  teen--two  thousand  eighteen  school year; and provided further that, a
     9  school district that submitted a contract for  excellence  for  the  two
    10  thousand eighteen--two thousand nineteen school year, unless all schools
    11  in  the  district  are  identified  as  in good standing, shall submit a
    12  contract for excellence for  the  two  thousand  nineteen--two  thousand
    13  twenty  school  year  which  shall,  notwithstanding the requirements of
    14  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    15  provide  for  the  expenditure of an amount which shall be not less than
    16  the amount approved by the commissioner in the contract  for  excellence
    17  for  the  two  thousand eighteen--two thousand nineteen school year; and
    18  provided further that, a school district that submitted a  contract  for
    19  excellence  for  the  two  thousand nineteen--two thousand twenty school
    20  year, unless all schools in the  district  are  identified  as  in  good
    21  standing,  shall  submit  a contract for excellence for the two thousand
    22  twenty--two thousand twenty-one school year which shall, notwithstanding
    23  the requirements of subparagraph (vi) of paragraph a of subdivision  two
    24  of this section, provide for the expenditure of an amount which shall be
    25  not  less  than  the amount approved by the commissioner in the contract
    26  for excellence for the two thousand nineteen--two thousand twenty school
    27  year.  For purposes of this paragraph, the "gap  elimination  adjustment
    28  percentage"  shall be calculated as the sum of one minus the quotient of
    29  the sum of the school district's net gap elimination adjustment for  two
    30  thousand  ten--two  thousand  eleven computed pursuant to chapter fifty-
    31  three of the laws of two thousand ten,  making  appropriations  for  the
    32  support  of  government,  plus  the  school  district's  gap elimination
    33  adjustment for two thousand  eleven--two  thousand  twelve  as  computed
    34  pursuant  to  chapter  fifty-three  of  the laws of two thousand eleven,
    35  making appropriations for the support of the  local  assistance  budget,
    36  including support for general support for public schools, divided by the
    37  total aid for adjustment computed pursuant to chapter fifty-three of the
    38  laws of two thousand eleven, making appropriations for the local assist-
    39  ance  budget,  including support for general support for public schools.
    40  Provided, further, that such amount shall be  expended  to  support  and
    41  maintain  allowable programs and activities approved in the two thousand
    42  nine--two thousand ten school year or to support new or expanded  allow-
    43  able programs and activities in the current year.
    44    § 2. Intentionally omitted.
    45    § 3. Intentionally omitted.
    46    § 4. Intentionally omitted.
    47    § 5. Intentionally omitted.
    48    § 6. Intentionally omitted.
    49    § 7. Intentionally omitted.
    50    § 8. Intentionally omitted.
    51    § 9. Intentionally omitted.
    52    § 10. Intentionally omitted.
    53    § 11. Intentionally omitted.
    54    § 12. Intentionally omitted.
    55    § 13. Intentionally omitted.
    56    § 14. Intentionally omitted.

        S. 7506--B                         11                         A. 9506--B
 
     1    §  14-a. Subdivision 4 of section 3602 of the education law is amended
     2  by adding a new paragraph h to read as follows:
     3    h.  Foundation  aid  payable  in the two thousand twenty--two thousand
     4  twenty-one school year. Notwithstanding any  provision  of  law  to  the
     5  contrary,  foundation  aid payable in the two thousand twenty--two thou-
     6  sand twenty-one school year shall equal the apportionment for foundation
     7  aid in the base year.
     8    § 14-b. Section 3602 of the education law is amended by adding  a  new
     9  subdivision 19 to read as follows:
    10    19. Pandemic adjustment. a. Notwithstanding any other provision of law
    11  to  the  contrary,  the  commissioner  shall reduce payments due to each
    12  district for the two thousand  twenty--two  thousand  twenty-one  school
    13  year  pursuant  to  section thirty-six hundred nine-a of this part by an
    14  amount equal to the pandemic adjustment computed for such district,  and
    15  provided  further  that  an amount equal to the amount of such deduction
    16  shall be deemed to have been paid  to  the  district  pursuant  to  this
    17  section for the school year in which such deduction is made. The commis-
    18  sioner  shall  compute  such pandemic adjustment in each electronic data
    19  file produced  pursuant  to  subdivision  twenty-one  of  section  three
    20  hundred  five  of  this chapter, based on the following information: (i)
    21  ninety-nine and one-half percent of the funds from  the  elementary  and
    22  secondary  emergency relief fund that are available for school districts
    23  pursuant to the Coronavirus Aid, Relief, and Economic  Security  Act  of
    24  2020,  and  (ii)  the  governor's emergency relief fund pursuant to such
    25  act, provided that a schedule of such amounts shall be approved  by  the
    26  director  of  the  budget,  and  provided further the commissioner shall
    27  provide a schedule of such pandemic adjustment to the state comptroller,
    28  the director of the budget, the chair of the senate  finance  committee,
    29  and the chair of the assembly ways and means committee.
    30    b.  Notwithstanding any inconsistent provision of law to the contrary,
    31  where additional federal and state revenues are  apportioned  to  school
    32  districts with a pandemic adjustment reduction pursuant to this subdivi-
    33  sion, such additional federal and state revenues shall be apportioned to
    34  such  school  district  in an amount equal to the pandemic adjustment as
    35  computed herein, unless otherwise specified by federal law.
    36    § 14-c. The closing paragraph of subdivision 5-a of  section  3602  of
    37  the education law, as amended by section 16 of part YYY of chapter 59 of
    38  the laws of 2019, is amended to read as follows:
    39    For the two thousand eight--two thousand nine school year, each school
    40  district  shall  be entitled to an apportionment equal to the product of
    41  fifteen percent and the additional apportionment  computed  pursuant  to
    42  this  subdivision  for the two thousand seven--two thousand eight school
    43  year. For the two thousand nine--two thousand ten through  two  thousand
    44  [nineteen]  twenty--two  thousand [twenty] twenty-one school years, each
    45  school district shall be entitled  to  an  apportionment  equal  to  the
    46  amount  set  forth  for such school district as "SUPPLEMENTAL PUB EXCESS
    47  COST" under the heading "2008-09 BASE  YEAR  AIDS"  in  the  school  aid
    48  computer  listing  produced by the commissioner in support of the budget
    49  for the two thousand nine--two thousand ten  school  year  and  entitled
    50  "SA0910".
    51    §  14-d.    Subdivision  12  of  section 3602 of the education law, as
    52  amended by section 17 of part YYY of chapter 59 of the laws of 2019,  is
    53  amended to read as follows:
    54    12. Academic enhancement aid. A school district that as of April first
    55  of  the base year has been continuously identified as a district in need
    56  of improvement for at least five  years  shall,  for  the  two  thousand

        S. 7506--B                         12                         A. 9506--B
 
     1  eight--two  thousand  nine  school  year,  be  entitled to an additional
     2  apportionment equal to the positive remainder, if any, of (a) the lesser
     3  of fifteen million dollars or the product of the  total  foundation  aid
     4  base,  as  defined  by  paragraph  j of subdivision one of this section,
     5  multiplied by ten percent (0.10), less (b) the positive remainder of (i)
     6  the sum of the total foundation aid apportioned pursuant to  subdivision
     7  four of this section and the supplemental educational improvement grants
     8  apportioned  pursuant to subdivision eight of section thirty-six hundred
     9  forty-one of this article, less (ii) the total foundation aid base.
    10    For the two thousand nine--two thousand ten through two thousand four-
    11  teen--two thousand fifteen school years, each school district  shall  be
    12  entitled  to  an  apportionment  equal  to the amount set forth for such
    13  school district as "EDUCATION GRANTS, ACADEMIC  EN"  under  the  heading
    14  "2008-09  BASE YEAR AIDS" in the school aid computer listing produced by
    15  the commissioner in support of the budget for the two thousand nine--two
    16  thousand ten school year and entitled "SA0910", and  such  apportionment
    17  shall be deemed to satisfy the state obligation to provide an apportion-
    18  ment  pursuant to subdivision eight of section thirty-six hundred forty-
    19  one of this article.
    20    For the two thousand fifteen--two thousand sixteen year,  each  school
    21  district  shall  be entitled to an apportionment equal to the amount set
    22  forth for such school district as "ACADEMIC ENHANCEMENT" under the head-
    23  ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
    24  by the commissioner in support of the budget for the two thousand  four-
    25  teen--two  thousand fifteen school year and entitled "SA141-5", and such
    26  apportionment shall be deemed to satisfy the state obligation to provide
    27  an apportionment pursuant to subdivision  eight  of  section  thirty-six
    28  hundred forty-one of this article.
    29    For the two thousand sixteen--two thousand seventeen school year, each
    30  school  district  shall  be  entitled  to  an apportionment equal to the
    31  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
    32  under  the  heading  "2015-16 ESTIMATED AIDS" in the school aid computer
    33  listing produced by the commissioner in support of the  budget  for  the
    34  two  thousand  fifteen--two  thousand  sixteen  school year and entitled
    35  "SA151-6", and such apportionment shall be deemed to satisfy  the  state
    36  obligation  to provide an apportionment pursuant to subdivision eight of
    37  section thirty-six hundred forty-one of this article.
    38    For the two thousand seventeen--two  thousand  eighteen  school  year,
    39  each  school district shall be entitled to an apportionment equal to the
    40  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
    41  under  the  heading  "2016-17 ESTIMATED AIDS" in the school aid computer
    42  listing produced by the commissioner in support of the  budget  for  the
    43  two  thousand  sixteen--two  thousand seventeen school year and entitled
    44  "SA161-7", and such apportionment shall be deemed to satisfy  the  state
    45  obligation  to provide an apportionment pursuant to subdivision eight of
    46  section thirty-six hundred forty-one of this article.
    47    For the two thousand eighteen--two thousand nineteen school year, each
    48  school district shall be entitled  to  an  apportionment  equal  to  the
    49  amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
    50  under the heading "2017-18 ESTIMATED AIDS" in the  school  aid  computer
    51  listing  produced  by  the commissioner in support of the budget for the
    52  two thousand seventeen--two thousand eighteen school year  and  entitled
    53  "SA171-8",  and  such apportionment shall be deemed to satisfy the state
    54  obligation to provide an apportionment pursuant to subdivision eight  of
    55  section thirty-six hundred forty-one of this article.

        S. 7506--B                         13                         A. 9506--B
 
     1    For  the  two thousand nineteen--two thousand twenty school year, each
     2  school district shall be entitled  to  an  apportionment  equal  to  the
     3  amount  set  forth  for  such  school district as "ACADEMIC ENHANCEMENT"
     4  under the heading "2018-19 ESTIMATED AIDS" in the  school  aid  computer
     5  listing  produced  by  the commissioner in support of the budget for the
     6  two thousand eighteen--two thousand nineteen school  year  and  entitled
     7  "SA181-9",  and  such apportionment shall be deemed to satisfy the state
     8  obligation to provide an apportionment pursuant to subdivision eight  of
     9  section thirty-six hundred forty-one of this article.
    10    For the two thousand twenty--two thousand twenty-one school year, each
    11  school  district  shall  be  entitled  to  an apportionment equal to the
    12  amount set forth for such  school  district  as  "ACADEMIC  ENHANCEMENT"
    13  under  the  heading  "2019-20 ESTIMATED AIDS" in the school aid computer
    14  listing produced by the commissioner in support of the  budget  for  the
    15  two  thousand  nineteen--two  thousand  twenty  school year and entitled
    16  "SA192-0", and such apportionment shall be deemed to satisfy  the  state
    17  obligation  to provide an apportionment pursuant to subdivision eight of
    18  section thirty-six hundred forty-one of this article.
    19    § 14-e. The opening paragraph of subdivision 16 of section 3602 of the
    20  education law, as amended by section 18 of part YYY of chapter 59 of the
    21  laws of 2019, is amended to read as follows:
    22    Each school district shall be eligible  to  receive  a  high  tax  aid
    23  apportionment  in the two thousand eight--two thousand nine school year,
    24  which shall equal the greater of (i) the sum of the tier 1 high tax  aid
    25  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
    26  tax  aid apportionment or (ii) the product of the apportionment received
    27  by the school district pursuant to this subdivision in the two  thousand
    28  seven--two  thousand  eight  school  year, multiplied by the due-minimum
    29  factor, which shall equal, for districts with an alternate pupil  wealth
    30  ratio  computed  pursuant  to  paragraph  b of subdivision three of this
    31  section that is less than two, seventy percent (0.70), and for all other
    32  districts, fifty percent (0.50). Each school district shall be  eligible
    33  to  receive  a  high tax aid apportionment in the two thousand nine--two
    34  thousand ten through two thousand twelve--two thousand  thirteen  school
    35  years in the amount set forth for such school district as "HIGH TAX AID"
    36  under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
    37  listing produced by the commissioner in support of the  budget  for  the
    38  two  thousand  nine--two thousand ten school year and entitled "SA0910".
    39  Each school district shall be eligible to receive a high tax aid  appor-
    40  tionment in the two thousand thirteen--two thousand fourteen through two
    41  thousand  [nineteen]  twenty--two  thousand  [twenty]  twenty-one school
    42  years equal to the greater of (1) the amount set forth for  such  school
    43  district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
    44  the  school aid computer listing produced by the commissioner in support
    45  of the budget for the two thousand nine--two thousand  ten  school  year
    46  and  entitled  "SA0910"  or  (2)  the  amount  set forth for such school
    47  district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
    48  the school aid computer listing produced by the commissioner in  support
    49  of  the  executive  budget  for  the  2013-14  fiscal  year and entitled
    50  "BT131-4".
    51    § 14-f. Subdivision 4 of section 3627 of the education law, as amended
    52  by section 5-d of part YYY of chapter 59 of the laws of 2019, is amended
    53  to read as follows:
    54    4. Notwithstanding any other provision of law  to  the  contrary,  any
    55  expenditures for transportation provided pursuant to this section in the
    56  two  thousand thirteen--two thousand fourteen school year and thereafter

        S. 7506--B                         14                         A. 9506--B
 
     1  and otherwise eligible for transportation aid  pursuant  to  subdivision
     2  seven of section thirty-six hundred two of this article shall be consid-
     3  ered  approved  transportation expenses eligible for transportation aid,
     4  provided  further that for the two thousand thirteen--two thousand four-
     5  teen school year such aid shall be limited to eight million one  hundred
     6  thousand dollars and for the two thousand fourteen--two thousand fifteen
     7  school  year  such aid shall be limited to the sum of twelve million six
     8  hundred thousand dollars plus the base amount and for the  two  thousand
     9  fifteen--two  thousand  sixteen  school  year through two thousand eigh-
    10  teen--two thousand nineteen school year such aid shall be limited to the
    11  sum of eighteen million eight hundred fifty thousand  dollars  plus  the
    12  base  amount,  and  for  the  two thousand nineteen--two thousand twenty
    13  school year [and thereafter] such aid shall be limited  to  the  sum  of
    14  nineteen  million  three  hundred  fifty  thousand dollars plus the base
    15  amount, and for the two thousand twenty--two thousand twenty-one  school
    16  year  and  thereafter  such  aid shall be limited to the sum of nineteen
    17  million eight hundred fifty thousand dollars plus the base  amount.  For
    18  purposes  of  this subdivision, "base amount" means the amount of trans-
    19  portation aid paid to the school district for expenditures  incurred  in
    20  the two thousand twelve--two thousand thirteen school year for transpor-
    21  tation  that  would  have been eligible for aid pursuant to this section
    22  had this section been in effect in such school year, except that  subdi-
    23  vision  six  of this section shall be deemed not to have been in effect.
    24  And provided further that the school district shall continue to annually
    25  expend for the transportation  described  in  subdivision  one  of  this
    26  section at least the expenditures used for the base amount.
    27    § 15. Intentionally omitted.
    28    § 16. Intentionally omitted.
    29    § 17. Intentionally omitted.
    30    § 18. Intentionally omitted.
    31    § 19. Intentionally omitted.
    32    § 20. Intentionally omitted.
    33    § 21. Intentionally omitted.
    34    §  22.  Subdivision  16  of  section  3602-ee of the education law, as
    35  amended by section 19 of part YYY of chapter 59 of the laws of 2019,  is
    36  amended to read as follows:
    37    16.  The authority of the department to administer the universal full-
    38  day pre-kindergarten program shall expire June thirtieth,  two  thousand
    39  [twenty] twenty-one; provided that the program shall continue and remain
    40  in full effect.
    41    §  22-a.  Subdivision  4  of section 51 of part B of chapter 57 of the
    42  laws of 2008 amending the education law relating to the  universal  pre-
    43  kindergarten  program, as amended by section 28-b of part YYY of chapter
    44  59 of the laws of 2017, is amended to read as follows:
    45    4. section twenty-three of this act shall take effect July 1, 2008 and
    46  shall expire and be deemed repealed June 30, [2020] 2021;
    47    § 22-b. Subparagraph (ii) of paragraph (c) of subdivision 8 of section
    48  3602-ee of the education law, as amended by section 24-a of part YYY  of
    49  chapter 59 of the laws of 2019, is amended to read as follows:
    50    (ii)  Provided  that, notwithstanding any provisions of this paragraph
    51  to the contrary, for the two thousand  seventeen-two  thousand  eighteen
    52  through  the two thousand [nineteen] twenty--two thousand [twenty] twen-
    53  ty-one school years an exemption to  the  certification  requirement  of
    54  subparagraph  (i)  of  this  paragraph may be made for a teacher without
    55  certification valid for  service  in  the  early  childhood  grades  who
    56  possesses  a written plan to obtain certification and who has registered

        S. 7506--B                         15                         A. 9506--B
 
     1  in the ASPIRE workforce registry as required under  regulations  of  the
     2  commissioner  of  the  office  of children and family services. Notwith-
     3  standing any exemption  provided  by  this  subparagraph,  certification
     4  shall be required for employment no later than June thirtieth, two thou-
     5  sand  [twenty] twenty-one; provided that for the two thousand [nineteen]
     6  twenty-two thousand [twenty] twenty-one school  year,  school  districts
     7  with  teachers  seeking an exemption to the certification requirement of
     8  subparagraph (i) of this paragraph shall submit a report to the  commis-
     9  sioner  regarding  (A)  the  barriers  to certification, if any, (B) the
    10  number of uncertified teachers registered in the ASPIRE workforce regis-
    11  try teaching pre-kindergarten in the district, including those  employed
    12  by  a community-based organization, (C) the  number of previously uncer-
    13  tified teachers who have completed certification  as  required  by  this
    14  subdivision,  and (D) the expected certification completion date of such
    15  teachers.
    16    § 23. Intentionally omitted.
    17    § 24. The opening paragraph of section 3609-a of the education law, as
    18  amended by section 21 of part YYY of chapter 59 of the laws of 2019,  is
    19  amended to read as follows:
    20    For  aid  payable in the two thousand seven--two thousand eight school
    21  year through the two thousand [nineteen] twenty--two  thousand  [twenty]
    22  twenty-one  school  year,  "moneys apportioned" shall mean the lesser of
    23  (i) the sum of one hundred percent of the respective  amount  set  forth
    24  for  each  school  district  as  payable pursuant to this section in the
    25  school aid computer listing for the current year produced by the commis-
    26  sioner in support of the budget which includes the appropriation for the
    27  general support for public schools for the prescribed payments and indi-
    28  vidualized payments due prior to April first for the current  year  plus
    29  the  apportionment  payable  during  the current school year pursuant to
    30  subdivision six-a and subdivision fifteen of section thirty-six  hundred
    31  two  of  this part minus any reductions to current year aids pursuant to
    32  subdivision seven of section thirty-six hundred four of this part or any
    33  deduction from  apportionment  payable  pursuant  to  this  chapter  for
    34  collection  of a school district basic contribution as defined in subdi-
    35  vision eight of section forty-four hundred one of this chapter, less any
    36  grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
    37  vision  four  of section ninety-two-c of the state finance law, less any
    38  grants provided pursuant to subdivision five  of  section  ninety-seven-
    39  nnnn  of  the  state  finance  law, less any grants provided pursuant to
    40  subdivision twelve of section thirty-six hundred forty-one of this arti-
    41  cle, or (ii) the apportionment calculated by the commissioner  based  on
    42  data  on  file  at  the time the payment is processed; provided however,
    43  that for the purposes of any payments  made  pursuant  to  this  section
    44  prior  to  the  first  business  day of June of the current year, moneys
    45  apportioned shall not include any aids payable pursuant to  subdivisions
    46  six  and  fourteen,  if applicable, of section thirty-six hundred two of
    47  this part as current year aid for  debt  service  on  bond  anticipation
    48  notes  and/or bonds first issued in the current year or any aids payable
    49  for full-day kindergarten for the current year pursuant  to  subdivision
    50  nine  of section thirty-six hundred two of this part. The definitions of
    51  "base year" and "current year"  as  set  forth  in  subdivision  one  of
    52  section thirty-six hundred two of this part shall apply to this section.
    53  For  aid  payable  in  the  two thousand [nineteen] twenty--two thousand
    54  [twenty] twenty-one school year, reference to such "school aid  computer
    55  listing  for  the  current  year"  shall  mean  the  printouts  entitled
    56  ["SA192-0"] "SA202-1".

        S. 7506--B                         16                         A. 9506--B
 
     1    § 25. Intentionally omitted.
     2    § 26. Intentionally omitted.
     3    §  26-a.  Subparagraph  (viii)  of  paragraph  (a) of subdivision 1 of
     4  section 2856 of the education law, as amended by section 4 of  part  YYY
     5  of  chapter 59 of the laws of 2017, is amended and two new subparagraphs
     6  (ix) and (x) are added to read as follows:
     7    (viii) for the two thousand twenty--two  thousand  twenty-one  [school
     8  year  and thereafter]  and two thousand twenty-one--two thousand twenty-
     9  two school years, the charter school basic tuition shall be  the  lesser
    10  of  (A)  the  product of (i) the charter school basic tuition calculated
    11  for the base year multiplied by (ii) the average of  the  quotients  for
    12  each  school  year  in  the  period commencing with the year three years
    13  prior to the base year and finishing with the year  prior  to  the  base
    14  year  of  the  total approved operating expense for such school district
    15  calculated pursuant to paragraph t of subdivision one of  section  thir-
    16  ty-six  hundred  two  of  this chapter for each such year divided by the
    17  total approved operating expense for such district for  the  immediately
    18  preceding  year multiplied by, for the two thousand twenty--two thousand
    19  twenty-one school year only, (iii) nine  hundred  forty-five  one-thous-
    20  andths  (0.945)  or  (B) the quotient of the total general fund expendi-
    21  tures for the school district calculated pursuant to an electronic  data
    22  file  created for the purpose of compliance with paragraph b of subdivi-
    23  sion twenty-one of section three hundred five of this chapter  published
    24  annually on May fifteenth for the year prior to the base year divided by
    25  the  total  estimated public enrollment for the school district pursuant
    26  to paragraph n of subdivision one of section thirty-six hundred  two  of
    27  this chapter for the year prior to the base year.
    28    (ix)  for  the  two  thousand  twenty-two--two  thousand  twenty-three
    29  through two thousand twenty-four--two thousand twenty-five school  years
    30  the  charter school basic tuition shall be the lesser of (A) the product
    31  of (i) the charter school basic tuition calculated  for  the  base  year
    32  multiplied  by (ii) the average of the quotients for each school year in
    33  the period commencing with the year four years prior to  the  base  year
    34  and  finishing  with  the year prior to the base year, excluding the two
    35  thousand twenty--two thousand  twenty-one  school  year,  of  the  total
    36  approved  operating expense for such school district calculated pursuant
    37  to paragraph t of subdivision one of section thirty-six hundred  two  of
    38  this  chapter for each such year divided by the total approved operating
    39  expense for such district for the immediately preceding year or (B)  the
    40  quotient  of the total general fund expenditures for the school district
    41  calculated pursuant to an electronic data file created for  the  purpose
    42  of  compliance  with  paragraph  b  of subdivision twenty-one of section
    43  three hundred five of this chapter published annually on  May  fifteenth
    44  for  the  year  prior  to  the  base year divided by the total estimated
    45  public enrollment for the school district pursuant  to  paragraph  n  of
    46  subdivision  one  of  section thirty-six hundred two of this chapter for
    47  the year prior to the base year.
    48    (x) for the two thousand twenty-five--two thousand  twenty-six  school
    49  year and thereafter the charter school basic tuition shall be the lesser
    50  of  (A)  the  product of (i) the charter school basic tuition calculated
    51  for the base year multiplied by (ii) the average of  the  quotients  for
    52  each  school  year  in  the  period commencing with the year three years
    53  prior to the base year and finishing with the year  prior  to  the  base
    54  year  of  the  total approved operating expense for such school district
    55  calculated pursuant to paragraph t of subdivision one of  section  thir-
    56  ty-six  hundred  two  of  this chapter for each such year divided by the

        S. 7506--B                         17                         A. 9506--B
 
     1  total approved operating expense for such district for  the  immediately
     2  preceding  year  or  (B) the quotient of the total general fund expendi-
     3  tures for the school district calculated pursuant to an electronic  data
     4  file  created for the purpose of compliance with paragraph b of subdivi-
     5  sion twenty-one of section three hundred five of this chapter  published
     6  annually on May fifteenth for the year prior to the base year divided by
     7  the  total  estimated public enrollment for the school district pursuant
     8  to paragraph n of subdivision one of section thirty-six hundred  two  of
     9  this chapter for the year prior to the base year.
    10    §  26-b.  Subparagraph  (viii)  of  paragraph  (a) of subdivision 1 of
    11  section 2856 of the education law, as amended by section 4-a of part YYY
    12  of chapter 59 of the laws of 2017, is amended and two new  subparagraphs
    13  (ix) and (x) are added to read as follows:
    14    (viii)  for  the  two thousand twenty--two thousand twenty-one [school
    15  year and thereafter] and two thousand twenty-one--two  thousand  twenty-
    16  two  school  years, the charter school basic tuition shall be the lesser
    17  of (A) the product of (i) the charter school  basic  tuition  calculated
    18  for  the  base  year multiplied by (ii) the average of the quotients for
    19  each school year in the period commencing  with  the  year  three  years
    20  prior  to  the  base  year and finishing with the year prior to the base
    21  year of the total approved operating expense for  such  school  district
    22  calculated  pursuant  to paragraph t of subdivision one of section thir-
    23  ty-six hundred two of this chapter for each such  year  divided  by  the
    24  total  approved  operating expense for such district for the immediately
    25  preceding year multiplied by, for the two thousand twenty--two  thousand
    26  twenty-one  school  year  only, (iii) nine hundred forty-five one-thous-
    27  andths (0.945) or (B) the quotient of the total  general  fund  expendi-
    28  tures  for the school district calculated pursuant to an electronic data
    29  file created for the purpose of compliance with paragraph b of  subdivi-
    30  sion  twenty-one of section three hundred five of this chapter published
    31  annually on May fifteenth for the year prior to the base year divided by
    32  the total estimated public enrollment for the school  district  pursuant
    33  to  paragraph  n of subdivision one of section thirty-six hundred two of
    34  this chapter for the year prior to the base year.
    35    (ix)  for  the  two  thousand  twenty-two--two  thousand  twenty-three
    36  through  two thousand twenty-four--two thousand twenty-five school years
    37  the charter school basic tuition shall be the lesser of (A) the  product
    38  of  (i)  the  charter  school basic tuition calculated for the base year
    39  multiplied by (ii) the average of the quotients for each school year  in
    40  the  period  commencing  with the year four years prior to the base year
    41  and finishing with the year prior to the base year,  excluding  the  two
    42  thousand  twenty--two  thousand  twenty-one  school  year,  of the total
    43  approved operating expense for such school district calculated  pursuant
    44  to  paragraph  t of subdivision one of section thirty-six hundred two of
    45  this chapter for each such year divided by the total approved  operating
    46  expense  for such district for the immediately preceding year or (B) the
    47  quotient of the total general fund expenditures for the school  district
    48  calculated  pursuant  to an electronic data file created for the purpose
    49  of compliance with paragraph b  of  subdivision  twenty-one  of  section
    50  three  hundred  five of this chapter published annually on May fifteenth
    51  for the year prior to the base  year  divided  by  the  total  estimated
    52  public  enrollment  for  the  school district pursuant to paragraph n of
    53  subdivision one of section thirty-six hundred two of  this  chapter  for
    54  the year prior to the base year.
    55    (x)  for  the two thousand twenty-five--two thousand twenty-six school
    56  year and thereafter the charter school basic tuition shall be the lesser

        S. 7506--B                         18                         A. 9506--B
 
     1  of (A) the product of (i) the charter school  basic  tuition  calculated
     2  for  the  base  year multiplied by (ii) the average of the quotients for
     3  each school year in the period commencing  with  the  year  three  years
     4  prior  to  the  base  year and finishing with the year prior to the base
     5  year of the total approved operating expense for  such  school  district
     6  calculated  pursuant  to paragraph t of subdivision one of section thir-
     7  ty-six hundred two of this chapter for each such  year  divided  by  the
     8  total  approved  operating expense for such district for the immediately
     9  preceding year or (B) the quotient of the total  general  fund  expendi-
    10  tures  for the school district calculated pursuant to an electronic data
    11  file created for the purpose of compliance with paragraph b of  subdivi-
    12  sion  twenty-one of section three hundred five of this chapter published
    13  annually on May fifteenth for the year prior to the base year divided by
    14  the total estimated public enrollment for the school  district  pursuant
    15  to  paragraph  n of subdivision one of section thirty-six hundred two of
    16  this chapter for the year prior to the base year.
    17    § 27. Subdivisions 1 and 3 of section 801 of  the  education  law,  as
    18  amended  by  chapter  574  of  the  laws of 1997, are amended to read as
    19  follows:
    20    1. In order to promote a spirit of patriotic  and  civic  service  and
    21  obligation  and  to foster in the children of the state moral and intel-
    22  lectual qualities which are essential in preparing  to  meet  the  obli-
    23  gations of citizenship in peace or in war, the regents of The University
    24  of  the  State  of  New  York  shall prescribe courses of instruction in
    25  patriotism, citizenship, civic education and values, our shared  history
    26  of diversity, the role of religious tolerance in this country, and human
    27  rights  issues, with particular attention to the study of the inhumanity
    28  of genocide, slavery (including the freedom trail and underground  rail-
    29  road),  the  Holocaust,  and the mass starvation in Ireland from 1845 to
    30  1850, to be maintained and followed in all the schools of the state. The
    31  boards of education and  trustees  of  the  several  cities  and  school
    32  districts  of  the  state  shall require instruction to be given in such
    33  courses, by the teachers employed in the  schools  therein.  All  pupils
    34  attending  such  schools, over the age of eight years, shall attend upon
    35  such instruction.
    36    Similar courses of instruction shall be prescribed and  maintained  in
    37  private  schools in the state, and all pupils in such schools over eight
    38  years of age shall attend upon such courses. If such courses are not  so
    39  established and maintained in a private school, attendance upon instruc-
    40  tion  in  such  school  shall  not be deemed substantially equivalent to
    41  instruction given to pupils of like age in the  public  schools  of  the
    42  city or district in which such pupils reside.
    43    3.  The  regents  shall  determine the subjects to be included in such
    44  courses of instruction in patriotism, citizenship, civic  education  and
    45  values, our shared history of diversity, the role of history of diversi-
    46  ty,  the  role  of religious tolerance in this country, and human rights
    47  issues, with particular attention to the  study  of  the  inhumanity  of
    48  genocide,  slavery  (including  the  freedom trail and underground rail-
    49  road), the Holocaust, and the mass starvation in Ireland  from  1845  to
    50  1850,  and  in  the  history,  meaning,  significance  and effect of the
    51  provisions of the constitution of  the  United  States,  the  amendments
    52  thereto,  the declaration of independence, the constitution of the state
    53  of New York and the amendments thereto, and the period of instruction in
    54  each of the grades in such subjects. They shall  adopt  rules  providing
    55  for  attendance  upon such instruction and for such other matters as are
    56  required for carrying into effect  the  objects  and  purposes  of  this

        S. 7506--B                         19                         A. 9506--B
 
     1  section.  The  commissioner  shall be responsible for the enforcement of
     2  such section and shall cause to be inspected and supervise the  instruc-
     3  tion  to  be  given  in  such  subjects.  The  commissioner  may, in his
     4  discretion,  cause  all  or  a  portion of the public school money to be
     5  apportioned to a district or city to be  withheld  for  failure  of  the
     6  school  authorities  of  such district or city to provide instruction in
     7  such courses and to compel attendance upon such instruction,  as  herein
     8  prescribed,  and  for  a  non-compliance  with  the rules of the regents
     9  adopted as herein provided.
    10    § 28. Section 2590-h of the education law is amended by adding  a  new
    11  subdivision 55 to read as follows:
    12    55.  Ensure  that  all  public, nonpublic, and charter school students
    13  enrolled in elementary and secondary schools located in the city of  New
    14  York  be  provided with additional opportunities to supplement classroom
    15  instruction including, but not  limited  to,  visiting  educational  and
    16  cultural  sites  and  institutions  such  as a Holocaust museum, African
    17  American cultural centers and historical landmarks,  a  Native  American
    18  museum,  Asian  American museums and cultural centers, a LatinX American
    19  museum, center for  women,  LGBTQ  historical  landmarks,  and  American
    20  historical landmarks and monuments.
    21    §  29.  Section  3609-h of the education law, as added by section 7 of
    22  part A of chapter 56 of the laws of 2015, is amended to read as follows:
    23    § 3609-h. Moneys apportioned to school districts for commercial gaming
    24  grants pursuant to subdivision six of section ninety-seven-nnnn  of  the
    25  state finance law, when and how payable commencing July first, two thou-
    26  sand  fourteen.  Notwithstanding  the  provisions  of section thirty-six
    27  hundred nine-a of this part, apportionments payable pursuant to subdivi-
    28  sion six of section ninety-seven-nnnn of the state finance law shall  be
    29  paid  pursuant  to  this  section.  The  definitions  of "base year" and
    30  "current year" as set forth in subdivision  one  of  section  thirty-six
    31  hundred two of this part shall apply to this section.
    32    1.  The  moneys  apportioned  by  the commissioner to school districts
    33  pursuant to subdivision six of section ninety-seven-nnnn  of  the  state
    34  finance  law  for  the two thousand fourteen-two thousand fifteen school
    35  year and thereafter shall be paid  as  a  commercial  gaming  grant,  as
    36  computed pursuant to such subdivision, as follows:
    37    a.  For  the  two thousand fourteen--two thousand fifteen school year,
    38  one hundred percent of such grant shall be paid on the same date as  the
    39  payment  computed  pursuant to clause (v) of subparagraph three of para-
    40  graph b of subdivision one of section thirty-six hundred nine-a of  this
    41  article.
    42    b. For the two thousand fifteen--two thousand sixteen school year [and
    43  thereafter]  through  the  two  thousand eighteen--two thousand nineteen
    44  school year, seventy percent of such grant shall be  paid  on  the  same
    45  date  as  the  payment  computed pursuant to clause (ii) of subparagraph
    46  three of paragraph b of subdivision one of  section  thirty-six  hundred
    47  nine-a  of  this article, and thirty percent of such grant shall be paid
    48  on the same date as the payment  computed  pursuant  to  clause  (v)  of
    49  subparagraph  three of paragraph b of subdivision one of section thirty-
    50  six hundred nine-a of this article.
    51    c. For the two thousand nineteen--two thousand twenty school year  and
    52  thereafter,  one hundred percent of such grant shall be paid on the same
    53  date as the payment computed pursuant to  clause  (ii)  of  subparagraph
    54  three  of  paragraph  b of subdivision one of section thirty-six hundred
    55  nine-a of this article.

        S. 7506--B                         20                         A. 9506--B
 
     1    2. Any payment to a school district pursuant to this section shall  be
     2  general  receipts of the district and may be used for any lawful purpose
     3  of the district.
     4    §  30.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
     5  relating to funding a program for work force education conducted by  the
     6  consortium  for worker education in New York city, as amended by section
     7  35 of part YYY of chapter 59 of the laws of 2019, is amended to read  as
     8  follows:
     9    b.  Reimbursement for programs approved in accordance with subdivision
    10  a of this section for the reimbursement for the [2017--2018 school  year
    11  shall not exceed 60.4 percent of the lesser of such approvable costs per
    12  contact  hour  or  thirteen  dollars  and ninety cents per contact hour,
    13  reimbursement for the] 2018--2019 school  year  shall  not  exceed  59.4
    14  percent of the lesser of such approvable costs per contact hour or four-
    15  teen dollars and ninety-five cents per contact hour, [and] reimbursement
    16  for  the  2019--2020  school  year  shall not exceed 57.7 percent of the
    17  lesser of such approvable costs per  contact  hour  or  fifteen  dollars
    18  sixty  cents  per  contact  hour,  and  reimbursement for the 2020--2021
    19  school year shall not exceed 56.9 percent of the lesser of such approva-
    20  ble costs per contact hour or sixteen dollars and twenty-five cents  per
    21  contact  hour,  and  where  a  contact  hour represents sixty minutes of
    22  instruction services provided to an eligible adult.  Notwithstanding any
    23  other provision of law to the contrary, [for the 2017--2018 school  year
    24  such  contact hours shall not exceed one million five hundred forty-nine
    25  thousand four hundred sixty-three (1,549,463); and] for  the  2018--2019
    26  school year such contact hours shall not exceed one million four hundred
    27  sixty-three thousand nine hundred sixty-three (1,463,963); [and] for the
    28  2019--2020  school  year such contact hours shall not exceed one million
    29  four hundred forty-four thousand four  hundred  forty-four  (1,444,444);
    30  and  for  the 2020--2021 school year such contact hours shall not exceed
    31  one  million  four  hundred  six  thousand   nine   hundred   twenty-six
    32  (1,406,926).   Notwithstanding any other provision of law to the contra-
    33  ry, the apportionment calculated for the city  school  district  of  the
    34  city  of  New  York  pursuant  to  subdivision 11 of section 3602 of the
    35  education law shall be computed as if such contact hours provided by the
    36  consortium for worker education, not to exceed  the  contact  hours  set
    37  forth herein, were eligible for aid in accordance with the provisions of
    38  such subdivision 11 of section 3602 of the education law.
    39    §  31. Section 4 of chapter 756 of the laws of 1992, relating to fund-
    40  ing a program for work force education conducted by the  consortium  for
    41  worker  education  in New York city, is amended by adding a new subdivi-
    42  sion y to read as follows:
    43    y. The provisions of  this  subdivision  shall  not  apply  after  the
    44  completion  of payments for the 2020-21 school year. Notwithstanding any
    45  inconsistent provisions of law,  the  commissioner  of  education  shall
    46  withhold  a  portion  of employment preparation education aid due to the
    47  city school district of the city of New York to support a portion of the
    48  costs of the work force education program. Such moneys shall be credited
    49  to the elementary and secondary education fund-local assistance  account
    50  and shall not exceed thirteen million dollars ($13,000,000).
    51    §  32. Section 6 of chapter 756 of the laws of 1992, relating to fund-
    52  ing a program for work force education conducted by the  consortium  for
    53  worker  education in New York city, as amended by section 37 of part YYY
    54  of chapter 59 of the laws of 2019, is amended to read as follows:
    55    § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
    56  repealed on June 30, [2020] 2021.

        S. 7506--B                         21                         A. 9506--B
 
     1    §  32-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
     2  tion law, as amended by section 37-a of part YYY of chapter  59  of  the
     3  laws of 2019, is amended to read as follows:
     4    a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
     5  sion, for aid payable in the school years two thousand--two thousand one
     6  through two thousand nine--two thousand ten, and two  thousand  eleven--
     7  two thousand twelve through two thousand [nineteen] twenty--two thousand
     8  [twenty]  twenty-one,  the  commissioner  may set aside an amount not to
     9  exceed two million five hundred thousand dollars from the  funds  appro-
    10  priated  for  purposes  of  this  subdivision for the purpose of serving
    11  persons twenty-one years of age or older who have not been  enrolled  in
    12  any  school  for  the  preceding school year, including persons who have
    13  received a high school diploma or high school  equivalency  diploma  but
    14  fail  to  demonstrate basic educational competencies as defined in regu-
    15  lation by the  commissioner,  when  measured  by  accepted  standardized
    16  tests, and who shall be eligible to attend employment preparation educa-
    17  tion programs operated pursuant to this subdivision.
    18    § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
    19  relating  to certain provisions related to the 1994-95 state operations,
    20  aid to localities, capital projects and debt service budgets, as amended
    21  by section 32 of part CCC of chapter 59 of the laws of 2018, is  amended
    22  to read as follows:
    23    1.  Sections  one  through seventy of this act shall be deemed to have
    24  been in full force and effect as of April  1,  1994  provided,  however,
    25  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
    26  through seventy of this act shall expire and be deemed repealed on March
    27  31, 2000; provided, however, that section twenty of this act shall apply
    28  only to hearings commenced prior to  September  1,  1994,  and  provided
    29  further  that  section twenty-six of this act shall expire and be deemed
    30  repealed on March 31, 1997; and  provided  further  that  sections  four
    31  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
    32  twenty-one-a  of  this  act shall expire and be deemed repealed on March
    33  31, 1997; and provided further that sections three, fifteen,  seventeen,
    34  twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
    35  deemed repealed on March 31, [2020] 2022.
    36    § 34. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
    37  education  law  relating  to conditional appointment of school district,
    38  charter school or BOCES employees, as amended by section 39 of part  YYY
    39  of chapter 59 of the laws of 2019, is amended to read as follows:
    40    §  12.  This  act shall take effect on the same date as chapter 180 of
    41  the laws of 2000 takes effect, and shall expire July 1, [2020] 2021 when
    42  upon such date the provisions of this act shall be deemed repealed.
    43    § 35. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
    44  education  law  relating  to  the  provision of supplemental educational
    45  services, attendance at a safe  public  school  and  the  suspension  of
    46  pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
    47  amended by section 40 of part YYY of chapter 59 of the laws of 2019,  is
    48  amended to read as follows:
    49    §  4.  This act shall take effect July 1, 2002 and section one of this
    50  act shall expire and be deemed repealed June 30, 2019, and sections  two
    51  and  three  of  this act shall expire and be deemed repealed on June 30,
    52  [2020] 2021.
    53    § 36. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
    54  education law relating to implementation of the No Child Left Behind Act
    55  of  2001, as amended by section 41 of part YYY of chapter 59 of the laws
    56  of 2019, is amended to read as follows:

        S. 7506--B                         22                         A. 9506--B
 
     1    § 5. This act shall take effect immediately;  provided  that  sections
     2  one,  two  and  three of this act shall expire and be deemed repealed on
     3  June 30, [2020] 2021.
     4    § 37. Subdivision 11 of section 94 of part C of chapter 57 of the laws
     5  of  2004, relating to the support of education, as amended by section 58
     6  of part YYY of chapter 59 of the laws of 2017, is  amended  to  read  as
     7  follows:
     8    11.  section  seventy-one  of  this  act  shall  expire  and be deemed
     9  repealed June 30, [2020] 2023;
    10    § 38. School bus driver training. In addition to apportionments other-
    11  wise provided by section 3602 of the education law, for aid  payable  in
    12  the  2020-2021 school year, the commissioner of education shall allocate
    13  school bus driver training grants to  school  districts  and  boards  of
    14  cooperative educational services pursuant to sections 3650-a, 3650-b and
    15  3650-c of the education law, or for contracts directly with not-for-pro-
    16  fit  educational  organizations  for  the purposes of this section. Such
    17  payments shall not exceed four hundred thousand dollars  ($400,000)  per
    18  school year.
    19    §  39.  Special  apportionment for salary expenses. a. Notwithstanding
    20  any other provision of law, upon  application  to  the  commissioner  of
    21  education,  not  sooner  than  the first day of the second full business
    22  week of June 2021 and not later than the last  day  of  the  third  full
    23  business week of June 2021, a school district eligible for an apportion-
    24  ment  pursuant to section 3602 of the education law shall be eligible to
    25  receive an apportionment pursuant to this section, for the  school  year
    26  ending  June  30, 2021, for salary expenses incurred between April 1 and
    27  June 30, 2020 and such apportionment shall not exceed the sum of (i) the
    28  deficit reduction assessment of 1990--1991 as determined by the  commis-
    29  sioner of education, pursuant to paragraph f of subdivision 1 of section
    30  3602 of the education law, as in effect through June 30, 1993, plus (ii)
    31  186  percent  of such amount for a city school district in a city with a
    32  population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
    33  such amount for a city school district in a city with  a  population  of
    34  more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
    35  ing to the latest federal census, plus  (iv)  the  net  gap  elimination
    36  adjustment  for  2010--2011, as determined by the commissioner of educa-
    37  tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
    38  nation adjustment for 2011--2012 as determined by  the  commissioner  of
    39  education  pursuant  to  subdivision 17 of section 3602 of the education
    40  law, and provided further that such apportionment shall not exceed  such
    41  salary  expenses.  Such  application shall be made by a school district,
    42  after the board of education or trustees have adopted a resolution to do
    43  so and in the case of a city school district in a city with a population
    44  in excess of 125,000 inhabitants, with the approval of the mayor of such
    45  city.
    46    b. The claim for an apportionment to be  paid  to  a  school  district
    47  pursuant  to  subdivision  a  of  this section shall be submitted to the
    48  commissioner of education on a form prescribed  for  such  purpose,  and
    49  shall  be  payable upon determination by such commissioner that the form
    50  has been submitted as prescribed. Such approved amounts shall be payable
    51  on the same day in September of the school year following  the  year  in
    52  which  application  was  made as funds provided pursuant to subparagraph
    53  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    54  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    55  certified  or  approved  by  the commissioner of education in the manner
    56  prescribed by law from moneys in the state lottery  fund  and  from  the

        S. 7506--B                         23                         A. 9506--B
 
     1  general  fund  to  the  extent that the amount paid to a school district
     2  pursuant to this section exceeds the amount, if  any,  due  such  school
     3  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
     4  section  3609-a  of  the  education law in the school year following the
     5  year in which application was made.
     6    c. Notwithstanding the provisions of section 3609-a of  the  education
     7  law, an amount equal to the amount paid to a school district pursuant to
     8  subdivisions  a  and  b of this section shall first be deducted from the
     9  following payments due  the  school  district  during  the  school  year
    10  following  the  year  in which application was made pursuant to subpara-
    11  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
    12  section  3609-a of the education law in the following order: the lottery
    13  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
    14  followed by the fixed fall payments payable pursuant to subparagraph (4)
    15  of  such  paragraph  and then followed by the district's payments to the
    16  teachers' retirement system pursuant to subparagraph (1) of  such  para-
    17  graph, and any remainder to be deducted from the individualized payments
    18  due  the  district  pursuant to paragraph b of such subdivision shall be
    19  deducted on a chronological basis starting with the earliest payment due
    20  the district.
    21    § 40. Special apportionment for public pension accruals. a.   Notwith-
    22  standing any other provision of law, upon application to the commission-
    23  er  of education, not later than June 30, 2021, a school district eligi-
    24  ble for an apportionment pursuant to section 3602 of the  education  law
    25  shall  be eligible to receive an apportionment pursuant to this section,
    26  for the school year ending June 30, 2021 and  such  apportionment  shall
    27  not  exceed  the  additional  accruals  required  to  be  made by school
    28  districts in the 2004--2005 and 2005--2006 school years associated  with
    29  changes  for  such  public pension liabilities. The amount of such addi-
    30  tional accrual shall be certified to the commissioner  of  education  by
    31  the  president of the board of education or the trustees or, in the case
    32  of a city school district in a city  with  a  population  in  excess  of
    33  125,000  inhabitants,  the mayor of such city. Such application shall be
    34  made by a school district, after the board of education or trustees have
    35  adopted a resolution to do so and in the case of a city school  district
    36  in  a  city with a population in excess of 125,000 inhabitants, with the
    37  approval of the mayor of such city.
    38    b. The claim for an apportionment to be  paid  to  a  school  district
    39  pursuant  to  subdivision  a  of  this section shall be submitted to the
    40  commissioner of education on a form prescribed  for  such  purpose,  and
    41  shall  be  payable upon determination by such commissioner that the form
    42  has been submitted as prescribed. Such approved amounts shall be payable
    43  on the same day in September of the school year following  the  year  in
    44  which  application  was  made as funds provided pursuant to subparagraph
    45  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    46  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    47  certified  or  approved  by  the commissioner of education in the manner
    48  prescribed by law from moneys in the state lottery  fund  and  from  the
    49  general  fund  to  the  extent that the amount paid to a school district
    50  pursuant to this section exceeds the amount, if  any,  due  such  school
    51  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    52  section  3609-a  of  the  education law in the school year following the
    53  year in which application was made.
    54    c. Notwithstanding the provisions of section 3609-a of  the  education
    55  law, an amount equal to the amount paid to a school district pursuant to
    56  subdivisions  a  and  b of this section shall first be deducted from the

        S. 7506--B                         24                         A. 9506--B
 
     1  following payments due  the  school  district  during  the  school  year
     2  following  the  year  in which application was made pursuant to subpara-
     3  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
     4  section  3609-a of the education law in the following order: the lottery
     5  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
     6  followed by the fixed fall payments payable pursuant to subparagraph (4)
     7  of  such  paragraph  and then followed by the district's payments to the
     8  teachers' retirement system pursuant to subparagraph (1) of  such  para-
     9  graph, and any remainder to be deducted from the individualized payments
    10  due  the  district  pursuant to paragraph b of such subdivision shall be
    11  deducted on a chronological basis starting with the earliest payment due
    12  the district.
    13    § 41. Notwithstanding the provision of any law, rule, or regulation to
    14  the contrary, the city school district of the city  of  Rochester,  upon
    15  the  consent  of  the  board  of cooperative educational services of the
    16  supervisory district serving its geographic  region  may  purchase  from
    17  such  board  for  the  2020--2021 school year, as a non-component school
    18  district, services required by article 19 of the education law.
    19    § 42. The amounts specified in this section shall be a set-aside  from
    20  the  state  funds  which  each such district is receiving from the total
    21  foundation aid:
    22    a. for the development, maintenance or expansion of magnet schools  or
    23  magnet  school  programs  for  the  2020--2021 school year. For the city
    24  school district of the city of New York there shall  be  a  setaside  of
    25  foundation  aid  equal  to  forty-eight million one hundred seventy-five
    26  thousand dollars ($48,175,000) including five hundred  thousand  dollars
    27  ($500,000)  for  the  Andrew  Jackson  High School; for the Buffalo city
    28  school  district,  twenty-one  million  twenty-five   thousand   dollars
    29  ($21,025,000);  for  the Rochester city school district, fifteen million
    30  dollars ($15,000,000); for the Syracuse city school  district,  thirteen
    31  million  dollars  ($13,000,000);  for  the Yonkers city school district,
    32  forty-nine million five hundred thousand dollars ($49,500,000); for  the
    33  Newburgh city school district, four million six hundred forty-five thou-
    34  sand  dollars  ($4,645,000);  for the Poughkeepsie city school district,
    35  two million four hundred seventy-five thousand dollars ($2,475,000); for
    36  the Mount Vernon city school district, two million dollars ($2,000,000);
    37  for the New Rochelle city school district, one million four hundred  ten
    38  thousand dollars ($1,410,000); for the Schenectady city school district,
    39  one  million  eight  hundred thousand dollars ($1,800,000); for the Port
    40  Chester city school district, one million  one  hundred  fifty  thousand
    41  dollars  ($1,150,000);  for  the White Plains city school district, nine
    42  hundred thousand dollars ($900,000); for the Niagara Falls  city  school
    43  district,  six  hundred thousand dollars ($600,000); for the Albany city
    44  school district, three  million  five  hundred  fifty  thousand  dollars
    45  ($3,550,000);  for  the  Utica city school district, two million dollars
    46  ($2,000,000); for the Beacon city school district, five  hundred  sixty-
    47  six   thousand  dollars  ($566,000);  for  the  Middletown  city  school
    48  district, four hundred thousand dollars  ($400,000);  for  the  Freeport
    49  union  free  school  district, four hundred thousand dollars ($400,000);
    50  for the Greenburgh  central  school  district,  three  hundred  thousand
    51  dollars  ($300,000);  for  the  Amsterdam  city  school  district, eight
    52  hundred thousand dollars  ($800,000);  for  the  Peekskill  city  school
    53  district,  two  hundred  thousand dollars ($200,000); and for the Hudson
    54  city school district, four hundred thousand dollars ($400,000).
    55    b. Notwithstanding any inconsistent provision of law to the  contrary,
    56  a  school  district  setting  aside such foundation aid pursuant to this

        S. 7506--B                         25                         A. 9506--B
 
     1  section may use such  setaside  funds  for:  (i)  any  instructional  or
     2  instructional  support  costs  associated with the operation of a magnet
     3  school; or (ii) any instructional or instructional support costs associ-
     4  ated with implementation of an alternative approach to promote diversity
     5  and/or enhancement of the instructional program and raising of standards
     6  in  elementary and secondary schools of school districts having substan-
     7  tial concentrations of minority students.
     8    c. The commissioner of education shall not be authorized  to  withhold
     9  foundation aid from a school district that used such funds in accordance
    10  with  this  paragraph,  notwithstanding any inconsistency with a request
    11  for proposals issued by such commissioner for the purpose of  attendance
    12  improvement  and  dropout prevention for the 2020--2021 school year, and
    13  for any city school district in a city having a population of more  than
    14  one  million,  the  setaside  for  attendance  improvement  and  dropout
    15  prevention shall equal the amount set aside in the base  year.  For  the
    16  2020--2021  school  year,  it  is  further provided that any city school
    17  district in a city having a population of more than  one  million  shall
    18  allocate  at  least  one-third  of any increase from base year levels in
    19  funds set aside pursuant to the requirements of this section to communi-
    20  ty-based organizations. Any increase required pursuant to  this  section
    21  to  community-based  organizations  must  be  in addition to allocations
    22  provided to community-based organizations in the base year.
    23    d. For the purpose of teacher support for the 2020--2021 school  year:
    24  for  the city school district of the city of New York, sixty-two million
    25  seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
    26  school district, one million seven hundred  forty-one  thousand  dollars
    27  ($1,741,000); for the Rochester city school district, one million seven-
    28  ty-six  thousand  dollars  ($1,076,000);  for  the  Yonkers  city school
    29  district,  one  million  one  hundred   forty-seven   thousand   dollars
    30  ($1,147,000);  and  for the Syracuse city school district, eight hundred
    31  nine thousand dollars ($809,000). All funds made available to  a  school
    32  district  pursuant  to  this section shall be distributed among teachers
    33  including prekindergarten teachers and teachers of adult vocational  and
    34  academic  subjects in accordance with this section and shall be in addi-
    35  tion to salaries heretofore or hereafter negotiated or  made  available;
    36  provided,  however,  that all funds distributed pursuant to this section
    37  for the current year shall be deemed to incorporate all  funds  distrib-
    38  uted  pursuant to former subdivision 27 of section 3602 of the education
    39  law for prior years. In school districts where the teachers are  repres-
    40  ented  by  certified  or  recognized  employee organizations, all salary
    41  increases funded pursuant to this section shall be determined  by  sepa-
    42  rate  collective  negotiations  conducted pursuant to the provisions and
    43  procedures of article 14 of the civil service law,  notwithstanding  the
    44  existence  of  a  negotiated  agreement  between a school district and a
    45  certified or recognized employee organization.
    46    § 42-a. Subdivision a of section 5 of chapter 121 of the laws of 1996,
    47  relating to authorizing the Roosevelt  union  free  school  district  to
    48  finance  deficits by the issuance of serial bonds, as amended by section
    49  52-a of part YYY of chapter 59 of the laws of 2019, is amended  to  read
    50  as follows:
    51    a.  Notwithstanding  any  other provisions of law, upon application to
    52  the commissioner of education submitted not sooner than April first  and
    53  not  later than June thirtieth of the applicable school year, the Roose-
    54  velt union free school district shall be eligible to receive  an  appor-
    55  tionment pursuant to this chapter for salary expenses, including related
    56  benefits, incurred between April first and June thirtieth of such school

        S. 7506--B                         26                         A. 9506--B
 
     1  year.   Such apportionment shall not exceed: for the 1996-97 school year
     2  through  the  [2019-20]  2020-21  school  year,  four  million   dollars
     3  ($4,000,000);  for  the  [2020-21]  2021-22  school  year, three million
     4  dollars ($3,000,000); for the [2021-22] 2022-23 school year, two million
     5  dollars ($2,000,000); for the [2022-23] 2023-24 school year, one million
     6  dollars  ($1,000,000);  and  for the [2023-24] 2024-25 school year, zero
     7  dollars.   Such annual application shall be  made  after  the  board  of
     8  education  has  adopted  a  resolution to do so with the approval of the
     9  commissioner of education.
    10    § 42-b. Section 8 of chapter 89  of  the  laws  of  2016  relating  to
    11  supplementary  funding for dedicated programs for public school students
    12  in the East Ramapo central school district, as amended by  section  46-a
    13  of  part  YYY  of  chapter 59 of the laws of 2019, is amended to read as
    14  follows:
    15    § 8. This act shall take effect July 1, 2016 and shall expire  and  be
    16  deemed  repealed  June  30,  [2020]  2021,  except that paragraph (b) of
    17  section five of this act and section seven of this act shall expire  and
    18  be deemed repealed June 30, 2021.
    19    §  42-c.  Subdivision  (a)  of section 11 of chapter 18 of the laws of
    20  2020, authorizing deficit financing and an advance of aid  payments  for
    21  the Wyandanch union free school district, is amended to read as follows:
    22    (a)  The  school  district is hereby authorized to issue serial bonds,
    23  subject to the provisions of section 10.10 of the local finance law,  on
    24  or before [June thirtieth] October thirty-first, two thousand twenty, in
    25  an  aggregate  principal amount not to exceed [three] four million [one]
    26  five hundred  thousand  dollars  [($3,100,000)]  ($4,500,000),  for  the
    27  specific object or purpose of liquidating actual deficits in its general
    28  fund at the close of the fiscal year ending June thirtieth, two thousand
    29  nineteen  as  certified by the state comptroller. In anticipation of the
    30  issuance and sale of such serial  bonds,  bond  anticipation  notes  are
    31  hereby authorized to be issued.
    32    §  43.  Support  of  public libraries. The moneys appropriated for the
    33  support of public libraries by a chapter of the laws  of  2020  enacting
    34  the  aid  to  localities  budget  shall be apportioned for the 2020-2021
    35  state fiscal year in accordance with the  provisions  of  sections  271,
    36  272,  273,  282,  284,  and  285  of the education law as amended by the
    37  provisions of this chapter and the provisions of this section,  provided
    38  that library construction aid pursuant to section 273-a of the education
    39  law  shall  not  be  payable  from the appropriations for the support of
    40  public libraries and provided further that no library, library system or
    41  program, as defined by the commissioner of education, shall receive less
    42  total system or program aid than it  received  for  the  year  2001-2002
    43  except as a result of a reduction adjustment necessary to conform to the
    44  appropriations for support of public libraries.
    45    Notwithstanding  any other provision of law to the contrary the moneys
    46  appropriated for the support of public libraries for the year  2020-2021
    47  by a chapter of the laws of 2020 enacting the education, labor and fami-
    48  ly  assistance  budget  shall  fulfill the state's obligation to provide
    49  such aid and, pursuant to a plan developed by the commissioner of educa-
    50  tion and approved by the director of the  budget,  the  aid  payable  to
    51  libraries  and  library systems pursuant to such appropriations shall be
    52  reduced proportionately to assure that the total amount of  aid  payable
    53  does not exceed the total appropriations for such purpose.
    54    § 44. Severability. The provisions of this act shall be severable, and
    55  if  the  application  of  any  clause, sentence, paragraph, subdivision,
    56  section or part of this act to  any  person  or  circumstance  shall  be

        S. 7506--B                         27                         A. 9506--B
 
     1  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
     2  judgment shall not necessarily affect, impair or invalidate the applica-
     3  tion of any such clause, sentence, paragraph, subdivision, section, part
     4  of  this  act  or  remainder  thereof,  as the case may be, to any other
     5  person or circumstance, but shall be confined in its  operation  to  the
     6  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
     7  directly involved in the controversy in which such judgment  shall  have
     8  been rendered.
     9    §  45.  This act shall take effect immediately, and shall be deemed to
    10  have been in full force and effect on and after April 1, 2020, provided,
    11  however, that:
    12    1. sections one, fourteen-a, fourteen-b, fourteen-c, fourteen-d, four-
    13  teen-e, twenty-two, twenty-four, twenty-seven, thirty-eight,  forty-one,
    14  forty-two and forty-two-a of this act shall take effect July 1, 2020;
    15    2.  the  amendments  to  section  2590-h  of the education law made by
    16  section twenty-eight of this act shall not  affect  the  expiration  and
    17  reversion of such section and shall expire and be deemed repealed there-
    18  with;
    19    3.  section  twenty-nine  of  this act shall be deemed to have been in
    20  full force and effect on and after April 1, 2019;
    21    4. the amendments to chapter 756 of the  laws  of  1992,  relating  to
    22  funding a program for work force education conducted by a consortium for
    23  worker education in New York city made by sections thirty and thirty-one
    24  of  this  act  shall  not affect the repeal of such chapter and shall be
    25  deemed repealed therewith;
    26    5. the amendments to paragraph (a) of section 11 of chapter 18 of  the
    27  laws  of  2020  made by section forty-two-c of this act shall not affect
    28  the repeal of such section and shall be deemed repealed therewith; and
    29    6. the amendments to paragraph (a) of subdivision 1 of section 2856 of
    30  the education law made by section twenty-six-a  of  this  act  shall  be
    31  subject  to the expiration and reversion of such subdivision pursuant to
    32  subdivision d of section 27 of chapter 378  of  the  laws  of  2007,  as
    33  amended,  when  upon such date the provisions of section twenty-six-b of
    34  this act shall take effect.
 
    35                                   PART B
 
    36    Section 1. Legislative intent. The purpose of this act is to establish
    37  the Syracuse  Comprehensive  Education  and  Workforce  Training  Center
    38  focusing  on  Science, Technology, Engineering, Arts, and Math. The high
    39  school within the Syracuse Comprehensive Education and Workforce  Train-
    40  ing  Center shall provide a high school course of instruction for grades
    41  nine through twelve, dedicated to providing expanded learning access and
    42  career opportunities to students residing in the Onondaga, Cortland  and
    43  Madison  county  board  of  cooperative  educational services region and
    44  central New York, in the areas of science, technology, engineering, arts
    45  and mathematics as well as the core  academic  areas  required  for  the
    46  issuance  of high school diplomas in accordance with the rules and regu-
    47  lations promulgated by the board  of  regents.  The  legislature  hereby
    48  finds  and declares that the establishment of the Syracuse Comprehensive
    49  Education and Workforce Training Center is a necessary component to  the
    50  development of the greater central New York region of New York state and
    51  a  necessary  link  to  fostering the development and advancement of the
    52  arts and emerging technologies. This high school and workforce  training
    53  center will advance the interests of the central New York region and New
    54  York  state  by  engaging students in rigorous and enriching educational

        S. 7506--B                         28                         A. 9506--B
 
     1  experiences focused on the arts and emerging technologies, project-based
     2  learning and collaboration and by providing that experience  within  the
     3  context of a business and learning community for the purpose of directly
     4  connecting  student  learning with real world experience in the arts and
     5  advanced technical facilities. It is expressly found that the establish-
     6  ment and operation of the Syracuse Comprehensive Education and Workforce
     7  Training Center pursuant to this act is a public purpose.
     8    § 2. Establishment of the Syracuse Comprehensive Education  and  Work-
     9  force Training Center high school.  1. The Syracuse Comprehensive Educa-
    10  tion and Workforce Training Center high school may be established by the
    11  board of education of the Syracuse city school district pursuant to this
    12  section for students in grades nine through twelve.
    13    2. Such high school shall be governed by the board of education of the
    14  Syracuse  city  school district. The high school shall be subject to all
    15  laws, rules and regulations which are applicable to a public high school
    16  unless otherwise provided for in this act.  The  high  school  shall  be
    17  subject  to  the oversight of the board of regents and the program shall
    18  be audited in a manner consistent with provisions of law and regulations
    19  that are applicable to other public schools.
    20    3. The board of education of the Syracuse city school  district  shall
    21  have  the  responsibility for the operation, supervision and maintenance
    22  of the high school and shall be responsible for  the  administration  of
    23  the high school, including curriculum, grading, discipline and staffing.
    24  The  high  school  may  partner  with  a certified institution of higher
    25  education to offer an early college high school program. The high school
    26  and workforce training center may also partner with a certified institu-
    27  tion of higher education to offer apprenticeship training and  programs.
    28  The  workforce training center, in collaboration with educational oppor-
    29  tunity centers, shall provide career connection  programs  and  opportu-
    30  nities  including,  but not limited to, workforce preparation and train-
    31  ing,  industry  certifications  and   credentials   including   advanced
    32  technical  certifications  and  high  school  equivalency  programs, and
    33  educational opportunity center programs at  the  Syracuse  Comprehensive
    34  Education  and Workforce Training Center at night.  The State University
    35  of New York Empire State College may also  partner  with  the  New  York
    36  State  Department  of  Labor.    The  workforce  training center is also
    37  authorized to partner with  other  local  entities  including,  but  not
    38  limited  to,  businesses, non-profit organizations, educational opportu-
    39  nity centers, state  and  local  governments,  and  other  organizations
    40  focused  on  closing  the  skills gap and increasing employment opportu-
    41  nities through training. The workforce training center programs shall be
    42  available to students as well as members of the community.
    43    4. Such workforce training center  shall  be  governed  by  the  State
    44  University  of  New  York  Empire State College in consultation with the
    45  board of education of the Syracuse city school district.
    46    5. The Syracuse City School District  shall  develop  a  comprehensive
    47  safety policy that includes a requirement that workforce training center
    48  programs  offered  at the Syracuse Comprehensive Education and Workforce
    49  Training Center shall be offered at night.
    50    6. The board of education of the Syracuse city school  district  shall
    51  be  authorized  to  enter  into  contracts as necessary or convenient to
    52  operate such high school.
    53    7. Students attending such high school shall continue to  be  enrolled
    54  in their school district of residence. The Syracuse city school district
    55  shall  be  responsible  for  the  issuance  of  a high school diploma to

        S. 7506--B                         29                         A. 9506--B

     1  students who attended the high school based on such students' successful
     2  completion of the high school's educational program.
     3    8.  For  purposes  of  all state aid calculations made pursuant to the
     4  education law, students attending such high school shall continue to  be
     5  treated and counted as students of their school district of residence.
     6    9.  The  public  school  district  of  residence shall be obligated to
     7  provide transportation,  without  regard  to  any  mileage  limitations,
     8  provided  however,  for  aid reimbursements pursuant to subdivision 7 of
     9  section 3602 of the education law, expenses associated with  the  trans-
    10  portation  of  students  to and from the high school up to a distance of
    11  thirty miles shall be included.
    12    10. It shall be the duty of the student's  district  of  residence  to
    13  make  payments as calculated in this act directly to the school district
    14  for each student enrolled in the high school.  No costs shall be  appor-
    15  tioned  to  school  districts that elect not to participate in such high
    16  school.
    17    11. The trustees or the board of education of a  school  district  may
    18  enter  into a memorandum of understanding with the board of education of
    19  the Syracuse city school district to participate  in  such  high  school
    20  program  for  a  period not to exceed five years upon such terms as such
    21  trustees or board of education and the board of education of  the  Syra-
    22  cuse city school district may mutually agree.  Such memorandum of under-
    23  standing  shall set forth a methodology for the calculation of per pupil
    24  tuition costs that shall be  subject  to  review  and  approval  by  the
    25  commissioner of education.
    26    12.  Any student eligible for enrollment in grades nine through twelve
    27  of a public school entering into a memorandum of understanding with  the
    28  board  of  education  of  the  Syracuse  city  school district to enroll
    29  students in the high school shall be eligible for admission to the  high
    30  school. To the extent that the number of qualified applicants may exceed
    31  the number of available spaces, the high school shall grant admission on
    32  a  random  selection basis, provided that an enrollment preference shall
    33  be provided to pupils returning to the high school in the second or  any
    34  subsequent  year.  The criteria for admission shall not be limited based
    35  on intellectual ability, measures of academic achievement  or  aptitude,
    36  athletic  aptitude,  disability,  race,  creed, gender, national origin,
    37  religion, ancestry, or location of  residence.  The  high  school  shall
    38  determine  the tentative enrollment roster, notify the parents, or those
    39  in parental  relations  to  those  students,  and  the  resident  school
    40  district by April first of the school year preceding the school year for
    41  which the admission is granted.
    42    13.  Notwithstanding  any  other provision of law to the contrary, the
    43  Syracuse city school district is authorized to transfer ownership of the
    44  Syracuse Comprehensive Education and Workforce Training Center  facility
    45  to  the  county  of Onondaga and the county of Onondaga is authorized to
    46  assume such ownership and to enter into a lease for such  facility  with
    47  the  Syracuse  city school district. The county of Onondaga may contract
    48  for indebtedness to renovate such facility  and  any  related  financing
    49  shall  be deemed a county purpose. The county of Onondaga shall transfer
    50  ownership of the Syracuse Comprehensive Education and Workforce Training
    51  Center facility to the city of  Syracuse  upon  the  expiration  of  the
    52  lease.
    53    14.  Notwithstanding  any  other provision of law to the contrary, the
    54  county of Onondaga shall submit estimated project costs  for  the  reno-
    55  vation  and  equipping of the Syracuse Comprehensive Education and Work-
    56  force Training Center after the completion of schematic plans and  spec-

        S. 7506--B                         30                         A. 9506--B
 
     1  ifications  for  review  by  the commissioner of education. If the total
     2  project costs associated with such  project  exceed  the  approved  cost
     3  allowance  of  such  building  project pursuant to section three of this
     4  act,  and  the county has not otherwise demonstrated to the satisfaction
     5  of the New York state education department  the  availability  of  addi-
     6  tional  local  shares  for  such  excess costs from the city of Syracuse
     7  and/or the Syracuse city school district,  then  the  county  shall  not
     8  proceed  with the preparation of final plans and specifications for such
     9  project until the project has been  redesigned  or  value-engineered  to
    10  reduce  estimated  project  costs  so  as  not  to exceed the above cost
    11  limits.
    12    15. Notwithstanding any other provision of law to  the  contrary,  the
    13  county  of  Onondaga  shall submit estimated project costs for the reno-
    14  vation and equipping of the Syracuse Comprehensive  Education  Workforce
    15  and  Training  Center after the completion of fifty percent of the final
    16  plans and specifications for review by the commissioner of education. If
    17  the total project costs associated with such project exceed the approved
    18  cost allowance of such building project pursuant to subparagraph (8)  of
    19  paragraph  a  of subdivision 6 of section 3602 of the education law, and
    20  the county has not otherwise demonstrated to the satisfaction of the New
    21  York state education department the  availability  of  additional  local
    22  share  for  such excess costs from the city of Syracuse and/or the Syra-
    23  cuse city school district, then the county shall not  proceed  with  the
    24  completion  of  the  remaining fifty percent of the plans and specifica-
    25  tions for such project until the project has been redesigned  or  value-
    26  engineered  to  reduce  estimated  project costs so as to not exceed the
    27  above cost limits.
    28    § 3. Paragraph a of subdivision 6 of section 3602 of the education law
    29  is amended by adding a new subparagraph 8 to read as follows:
    30    (8) Notwithstanding any other provision of law to  the  contrary,  for
    31  the purpose of computation of building aid for the renovation and equip-
    32  ping  of  the  Syracuse  Comprehensive  Education and Workforce Training
    33  Center high school authorized for operation by the Syracuse city  school
    34  district the building aid units assigned to this project shall reflect a
    35  building  aid  enrollment  of  one thousand students and multi-year cost
    36  allowances for the project shall be established and utilized  two  times
    37  in  the  first  five-year  period. Subsequent multi-year cost allowances
    38  shall be established no sooner than ten years after establishment of the
    39  first maximum cost allowance authorized pursuant to this subparagraph.
    40    § 4. This act shall take effect immediately.
 
    41                                   PART C

    42    Section 1. Definitions. As used in this act:
    43    (a) "Commissioner" shall mean the commissioner of education;
    44    (b) "Department" shall mean the state education department;
    45    (c) "Board of education" or "board" shall mean the board of  education
    46  of the Rochester city school district;
    47    (d)  "School  district"  or  "district"  shall mean the Rochester city
    48  school district;
    49    (e) "Superintendent" shall mean the superintendent  of  the  Rochester
    50  city school district;
    51    (f)  "Relatives"  shall  mean  a  Rochester city school district board
    52  member's spouse, domestic partner, child, stepchild, stepparent, or  any
    53  person who is a direct descendant of the grandparents of a current board
    54  member or a board member's spouse or domestic partner; and

        S. 7506--B                         31                         A. 9506--B

     1    (g) "City" shall mean the city of Rochester.
     2    §  2.  Appointment  of  a  monitor. The commissioner shall appoint one
     3  monitor to provide oversight, guidance and technical assistance  related
     4  to  the  educational  and fiscal policies, practices, programs and deci-
     5  sions of the school district, the board of education and the superinten-
     6  dent.
     7    1. The monitor, to the extent practicable, shall  have  experience  in
     8  school district finances and one or more of the following areas:
     9    (a) elementary and secondary education;
    10    (b) the operation of school districts in New York;
    11    (c) educating students with disabilities; and
    12    (d) educating English language learners.
    13    2. The monitor shall be a non-voting ex-officio member of the board of
    14  education.  The  monitor  shall  be an individual who is not a resident,
    15  employee of the school district or relative of a  board  member  of  the
    16  school district at the time of his or her appointment.
    17    3. The reasonable and necessary expenses incurred by the monitor while
    18  performing  his  or  her  official  duties  shall  be paid by the school
    19  district.  Notwithstanding any other provision of law, the monitor shall
    20  be entitled to defense and indemnification by the school district to the
    21  same extent as a school district employee.
    22    § 3. Meetings. 1. The monitor shall be entitled to attend all meetings
    23  of the board, including executive sessions; provided however, such moni-
    24  tor shall not be considered for purposes of establishing a quorum of the
    25  board. The school  district  shall  fully  cooperate  with  the  monitor
    26  including, but not limited to, providing such monitor with access to any
    27  necessary  documents  and  records  of  the district including access to
    28  electronic  information  systems,  databases  and  planning   documents,
    29  consistent with all applicable state and federal statutes including, but
    30  not  limited  to,  Family  Education  Rights and Privacy Act (FERPA) (20
    31  U.S.C. § 1232g) and section 2-d of the education law.
    32    2. The board, in consultation with the monitor, shall adopt a conflict
    33  of interest policy that complies  with  all  existing  applicable  laws,
    34  rules  and regulations that ensures its board members and administration
    35  act in the school district's best interest and  comply  with  applicable
    36  legal  requirements.  The conflict of interest policy shall include, but
    37  not be limited to:
    38    (a) a definition of the circumstances that constitute  a  conflict  of
    39  interest;
    40    (b) procedures for disclosing a conflict of interest to the board;
    41    (c) a requirement that the person with the conflict of interest not be
    42  present  at or participate in board deliberations or votes on the matter
    43  giving rise to such conflict, provided that nothing in this  subdivision
    44  shall  prohibit  the  board  from  requesting  that  the person with the
    45  conflict of interest present information as background or  answer  ques-
    46  tions  at  a board meeting prior to the commencement of deliberations or
    47  voting relating thereto;
    48    (d) a prohibition against any attempt by the person with the  conflict
    49  to  influence improperly the deliberation or voting on the matter giving
    50  rise to such conflict; and
    51    (e) a requirement that the existence and resolution of the conflict be
    52  documented in the board's records, including in the minutes of any meet-
    53  ing at which the conflict was discussed or voted upon.
    54    § 4. Public hearings. 1. The monitor shall schedule three public hear-
    55  ings to be held within sixty days of his or her appointment, which shall

        S. 7506--B                         32                         A. 9506--B
 
     1  allow public comment from the district's residents,  students,  parents,
     2  employees, board members and administration.
     3    (a)  The first hearing shall take public comment on existing statutory
     4  and regulatory authority of the commissioner,  the  department  and  the
     5  board  of  regents regarding school district governance and intervention
     6  under applicable state law and regulations, including  but  not  limited
     7  to, sections 306, 211-c, and 211-f of the education law.
     8    (b)  The  second  hearing  shall  take  public comment on the academic
     9  performance of the district.
    10    (c) The third hearing shall take public comment on the fiscal perform-
    11  ance of the district.
    12    2. The board of education, the superintendent and  the  monitor  shall
    13  consider  these  public  comments when developing the financial plan and
    14  academic improvement plan under this act.
    15    § 5. Financial plan. 1. No later than  November  first,  two  thousand
    16  twenty, the board of education, the superintendent and the monitor shall
    17  develop a proposed financial plan for the two thousand twenty--two thou-
    18  sand  twenty-one  school  year and the four subsequent school years. The
    19  financial plan shall ensure that  annual  aggregate  operating  expenses
    20  shall  not  exceed  annual  aggregate operating revenues for such school
    21  year and that the major operating funds of the district be  balanced  in
    22  accordance  with  generally  accepted  accounting  principles, and shall
    23  consider whether financial and budgetary functions of the district shall
    24  be subject to a shared services agreement with the city.  The  financial
    25  plan  shall  include statements of all estimated revenues, expenditures,
    26  and cash flow projections of the district.
    27    2. If the board of education and the monitor agree on all the elements
    28  of the proposed financial plan, the board of education shall  conduct  a
    29  public  hearing on the plan and consider the input of the community. The
    30  proposed financial plan shall be made public on the  district's  website
    31  at  least  three  business  days  before  such  public hearing. Once the
    32  proposed financial plan has been approved by  the  board  of  education,
    33  such  plan  shall  be  submitted  by the monitor to the commissioner for
    34  approval and shall be deemed approved for the purposes of this act.
    35    3. If the board of education and the monitor do not agree on  all  the
    36  elements  of  the  proposed financial plan, the board of education shall
    37  conduct a public hearing on the proposed plan that details the  elements
    38  of  disagreement between the monitor and the board, including documented
    39  justification for such disagreements and any requested  amendments  from
    40  the  monitor. The proposed financial plan, elements of disagreement, and
    41  requested amendments shall be made public on the district's  website  at
    42  least  three business days before such public hearing. After considering
    43  the input of the community, the board may alter the  proposed  financial
    44  plan  and the monitor may alter his or her requested amendments, and the
    45  monitor shall submit the proposed financial plan, his or her  amendments
    46  to  the  plan,  and documentation providing justification for such disa-
    47  greements and amendments to the  commissioner  no  later  than  December
    48  first,  two  thousand twenty. By January fifteenth, two thousand twenty-
    49  one, the commissioner shall approve the proposed plan with  any  of  the
    50  monitor's  proposed  amendments,  or make other modifications, he or she
    51  deems appropriate.  The board of education shall provide the commission-
    52  er with any information he or she requests to approve such  plan  within
    53  three  business  days  of such request. Upon the approval of the commis-
    54  sioner, the financial plan shall be deemed approved for purposes of this
    55  act.

        S. 7506--B                         33                         A. 9506--B
 
     1    § 6. Academic improvement plan. 1. No later than November  first,  two
     2  thousand  twenty,  the  board  of  education, the superintendent and the
     3  monitor shall develop an academic improvement plan  for  the  district's
     4  two  thousand  twenty--two  thousand twenty-one school year and the four
     5  subsequent  school  years. The academic improvement plan shall contain a
     6  series of programmatic  recommendations  designed  to  improve  academic
     7  performance over the period of the plan in those academic areas that the
     8  commissioner  deems  to  be  in  need of improvement which shall include
     9  addressing the provisions contained in any action plan set forth by  the
    10  department.
    11    2. If the board of education and the monitor agree on all the elements
    12  of  the proposed academic improvement plan, the board of education shall
    13  conduct a public hearing on the plan  and  consider  the  input  of  the
    14  community.  The  proposed academic improvement plan shall be made public
    15  on the district's website at  least  three  business  days  before  such
    16  public  hearing.    Once the proposed academic improvement plan has been
    17  approved by the board of education, such plan shall be submitted by  the
    18  monitor  to  the  commissioner for approval and shall be deemed approved
    19  for the purposes of this act.
    20    3. If the board of education and the monitor do not agree on  all  the
    21  elements  of the proposed academic improvement plan, the board of educa-
    22  tion shall conduct a public hearing on the proposed  plan  that  details
    23  the  elements of disagreement between the monitor and the board, includ-
    24  ing documented justification for such disagreements  and  any  requested
    25  amendments  from  the  monitor.  The proposed academic improvement plan,
    26  elements of disagreement, and requested amendments shall be made  public
    27  on  the  district's  website  at  least  three business days before such
    28  public hearing. After considering the input of the community, the  board
    29  may  alter  the  proposed  academic improvement plan and the monitor may
    30  alter his or her requested amendments, and the monitor shall submit  the
    31  proposed  academic  improvement plan, his or her amendments to the plan,
    32  and documentation providing justification  for  such  disagreements  and
    33  amendments  to  the commissioner no later than December first, two thou-
    34  sand twenty. By January fifteenth, two thousand twenty-one, the  commis-
    35  sioner  shall  approve  the  proposed  plan  with  any  of the monitor's
    36  proposed amendments, or make other modifications, he or she deems appro-
    37  priate. The board of education shall provide the commissioner  with  any
    38  information  he  or she requests to approve such plan within three busi-
    39  ness days of such request. Upon the approval of  the  commissioner,  the
    40  academic  improvement plan shall be deemed approved for purposes of this
    41  act.
    42    § 7. Fiscal and operational oversight. 1. Starting with  the  proposed
    43  budget  for  the two thousand twenty-one--two thousand twenty-two school
    44  year, the board of education shall annually submit the school district's
    45  proposed budget for the next succeeding school year to  the  monitor  no
    46  later than March first prior to the start of such next succeeding school
    47  year.  The monitor shall review the proposed budget to ensure that it is
    48  balanced within the context of revenue  and  expenditure  estimates  and
    49  mandated  programs. The monitor shall also review the proposed budget to
    50  ensure that it, to the greatest extent possible, is consistent with  the
    51  district  academic  improvement  plan  and  financial plan developed and
    52  approved pursuant to this act. The monitor  shall  present  his  or  her
    53  findings  to  the  board of education and the commissioner no later than
    54  forty-five days prior to the date scheduled for the board of education's
    55  vote on the adoption of the final budget or the last date on  which  the
    56  budget  may  be  finally  adopted, whichever is sooner. The commissioner

        S. 7506--B                         34                         A. 9506--B
 
     1  shall require the board of education to make amendments to the  proposed
     2  budget  consistent  with  any recommendations made by the monitor if the
     3  commissioner determines such amendments are necessary to comply with the
     4  financial  plan and academic improvement plan under this act. The school
     5  district shall make available on the district's website:    the  initial
     6  proposed  budget,  the monitor's findings, and the final proposed budget
     7  at least seven days prior to the date of the  school  district's  budget
     8  hearing.  The board of education shall provide the commissioner with any
     9  information he or she requests in order to make a determination pursuant
    10  to this subdivision within three business days of such request.
    11    2. The district shall provide quarterly reports  to  the  monitor  and
    12  annual  reports  to  the  commissioner  and  the board of regents on the
    13  academic, fiscal, and operational status  of  the  school  district.  In
    14  addition,  the  monitor shall provide semi-annual reports to the commis-
    15  sioner, board of regents, the governor, the temporary president  of  the
    16  senate,  and  the  speaker  of the assembly on the academic, fiscal, and
    17  operational status of the school  district.    Such  semi-annual  report
    18  shall  include all the contracts that the district entered into through-
    19  out the year.
    20    3. The monitor shall have the authority to disapprove  travel  outside
    21  the state paid for by the district.
    22    4.  The  monitor shall work with the district's shared decision-making
    23  committee as defined in  8  NYCRR  100.11  in  developing  the  academic
    24  improvement  plan,  financial  plan,  district  goals, implementation of
    25  district priorities, and budgetary recommendations.
    26    5. The monitor shall assist in resolving any disputes  and  conflicts,
    27  including  but  not limited to, those between the superintendent and the
    28  board of education and among the members of the board of education.
    29    6. The monitor may recommend, and the board shall consider by vote  of
    30  a  resolution  at  the  next scheduled meeting of the board, cost saving
    31  measures including, but not limited to, shared service agreements.
    32    § 8. The commissioner may overrule any decision of the monitor, except
    33  for collective bargaining agreements negotiated in accordance with arti-
    34  cle 14 of the civil service law, if he or she deems that  such  decision
    35  is  not  aligned  with  the financial plan, academic improvement plan or
    36  school district's budget.
    37    § 9. The monitor may notify the commissioner and the board in  writing
    38  when  he or she deems the district is violating an element of the finan-
    39  cial plan or academic improvement plan in this act. Within twenty  days,
    40  the commissioner shall determine whether the district is in violation of
    41  any  of  the elements of the financial plan or academic improvement plan
    42  highlighted by the monitor and shall order the district to comply  imme-
    43  diately with the plan and remedy any such violation. The school district
    44  shall  suspend  all  actions  related  to the potential violation of the
    45  financial plan or  academic  improvement  plan  until  the  commissioner
    46  issues a determination.
    47    §  10.  Nothing  in this act shall be construed to abrogate the duties
    48  and responsibilities of the school district consistent  with  applicable
    49  state law and regulations.
    50    §  11. The Rochester city school district shall be paid on an acceler-
    51  ated schedule as follows:
    52    a. (1) Notwithstanding any other provisions of law, for aid payable in
    53  the school years 2019-2020 through 2048-2049  upon  application  to  the
    54  commissioner of education submitted not sooner than the second Monday in
    55  June  of the school year in which such aid is payable and not later than
    56  the Friday following the third Monday in June  of  the  school  year  in

        S. 7506--B                         35                         A. 9506--B

     1  which  such aid is payable, or ten days after the effective date of this
     2  act, whichever shall be later, provided, however, that for  the  2019-20
     3  school  year  such  application shall be no later than May 11, 2020, the
     4  Rochester  city  school  district shall be eligible to receive an appor-
     5  tionment pursuant to this act in an amount equal to the product of thir-
     6  ty-five million dollars ($35,000,000) and the quotient of  the  positive
     7  difference  of thirty minus the number of school years elapsed since the
     8  2019-2020 school year divided by thirty, provided, however, that for the
     9  2019-20 school year such apportionment shall be paid  to  the  Rochester
    10  city school district no later than May 20, 2020.
    11    (2)  Funds  apportioned pursuant to this subdivision shall be used for
    12  services and expenses of the Rochester city school district and shall be
    13  applied to  support  of  its  educational  programs  and  any  liability
    14  incurred  by such city school district in carrying out its functions and
    15  responsibilities under the education law.
    16    b. The claim for an apportionment to be paid  to  the  Rochester  city
    17  school  district  pursuant  to  subdivision  a  of this section shall be
    18  submitted to the commissioner of education on a form prescribed for such
    19  purpose, and shall be payable upon determination  by  such  commissioner
    20  that  the  form  has  been  submitted  as prescribed and that the school
    21  district has complied with the reporting requirements of this  act.  For
    22  each  school year in which application is made pursuant to subdivision a
    23  of this section, such approved amount shall be payable on or before June
    24  thirtieth of such school year upon the audit and warrant  of  the  state
    25  comptroller  on  vouchers  certified  or approved by the commissioner of
    26  education in the manner prescribed by  law  from  moneys  in  the  state
    27  lottery fund appropriated for general support of public schools and from
    28  the  general  fund  to  the extent that the amount paid to the Rochester
    29  city school district pursuant to this subdivision and subdivision  a  of
    30  this  section  exceeds the amount of the moneys apportioned, if any, for
    31  general support for public schools due such school district pursuant  to
    32  section 3609-a of the education law on or before September first of such
    33  school year.
    34    c.  Notwithstanding  the provisions of section 3609-a of the education
    35  law, an amount equal to the amount paid to  the  Rochester  city  school
    36  district  during  the base year pursuant to subdivisions a and b of this
    37  section shall first be deducted from payments  due  during  the  current
    38  school  year  pursuant  to  subparagraphs  (1), (2), (3), (4) and (5) of
    39  paragraph a of subdivision 1 of section 3609-a of the education  law  in
    40  the  following  order:  the  lottery  apportionment  payable pursuant to
    41  subparagraph (2) of such paragraph followed by the fixed  fall  payments
    42  payable  pursuant to subparagraph (4) of such paragraph, and any remain-
    43  der to be deducted from the individualized payments due to the  district
    44  pursuant to paragraph b of such subdivision shall be deducted on a chro-
    45  nological basis starting with the earliest payment due the district.
    46    d.  Notwithstanding  any  other provisions of law, the sum of payments
    47  made to the Rochester city school district during the base year pursuant
    48  to subdivisions a and b of this  section  plus  payments  made  to  such
    49  school  district  during  the current year pursuant to section 3609-a of
    50  the education law shall be deemed to truly represent all  aids  paid  to
    51  such  school  district  during  the current school year pursuant to such
    52  section 3609-a for the purposes of computing  any  adjustments  to  such
    53  aids that may occur in a subsequent school year.
    54    e. (1) On or before the first day of each month beginning in July 2020
    55  and ending in June 2050, the chief fiscal officer and the superintendent
    56  of  schools  of  the  Rochester  city  school district shall prepare and

        S. 7506--B                         36                         A. 9506--B
 
     1  submit to the board of education a report of the fiscal condition of the
     2  school district, including but not limited to the most current available
     3  data on fund balances on funds maintained by the school district and the
     4  district's use of the apportionments provided pursuant to subdivisions a
     5  and b of this section.
     6    (2) Such monthly report shall be in a format prescribed by the commis-
     7  sioner  of  education.  The  board  of education shall either reject and
     8  return the report to the chief fiscal officer and the superintendent  of
     9  schools  for  appropriate revisions and resubmittal or shall approve the
    10  report and submit copies to the commissioner of education and the  state
    11  comptroller of such approved report as submitted or resubmitted.
    12    (3)  In the 2019-2020 through 2048-2049 school years, the chief fiscal
    13  officer of the Rochester city school district shall monitor all  budgets
    14  and  for  each  budget,  shall  prepare a quarterly report of summarized
    15  budget data depicting overall  trends  of  actual  revenues  and  budget
    16  expenditures  for  the  entire  budget as well as individual line items.
    17  Such report shall compare revenue estimates and  appropriations  as  set
    18  forth  in  such budget with the actual revenues and expenditures made to
    19  date. All quarterly reports shall be  accompanied  by  a  recommendation
    20  from  the superintendent of schools or chief fiscal officer to the board
    21  of education setting forth any remedial actions necessary to resolve any
    22  unfavorable budget variance including the overestimation of revenue  and
    23  underestimation  of  appropriations. The chief fiscal officer shall also
    24  prepare, as part of such report, a quarterly trial  balance  of  general
    25  ledger accounts in accordance with generally accepted accounting princi-
    26  ples  as  prescribed  by  the  state  comptroller.  All reports shall be
    27  completed within sixty days after the end of each quarter and  shall  be
    28  submitted  to the chief fiscal officer and the board of education of the
    29  Rochester city school district, the state division of budget, the office
    30  of the state comptroller, the commissioner of education,  the  chair  of
    31  the  assembly  ways  and  means  committee  and  the chair of the senate
    32  finance committee.
    33    § 12. This act shall take effect immediately, provided, however,  that
    34  sections two, three, four, five, six, seven, eight, nine and ten of this
    35  act  shall  expire  and  be  deemed repealed June 30, 2023; and provided
    36  further, however that sections one and eleven of this act  shall  expire
    37  and be deemed repealed June 30, 2049.
 
    38                                   PART D
 
    39    Section  1.  Paragraph h of subdivision 2 of section 355 of the educa-
    40  tion law is amended by adding a new paragraph 4-a to read as follows:
    41    (4-a) Notwithstanding any law, rule, regulation, or  practice  to  the
    42  contrary  and following the review and approval of the chancellor of the
    43  state university or his or her designee, the board of trustees may raise
    44  non-resident undergraduate rates of tuition by not more than ten percent
    45  over the tuition rates of the prior  academic  year  for  the  following
    46  doctoral  degree  granting  institutions  of the state university of New
    47  York:  the state university of New York college of environmental science
    48  and forestry as defined in article one hundred twenty-one of this  chap-
    49  ter,  downstate  medical center, upstate medical center, and the college
    50  of technology at Utica-Rome/state university polytechnic institute for a
    51  four year period commencing with the two thousand  twenty--two  thousand
    52  twenty-one  academic  year and ending in the two thousand twenty-three--
    53  two thousand twenty-four academic year provided that such rate change is

        S. 7506--B                         37                         A. 9506--B
 
     1  approved annually prior to board of trustees action by the chancellor of
     2  the state university or his or her designee.
     3    § 2. This act shall take effect immediately.
 
     4                                   PART E
 
     5                            Intentionally Omitted
 
     6                                   PART F
 
     7                            Intentionally Omitted
 
     8                                   PART G
 
     9                            Intentionally Omitted
 
    10                                   PART H
 
    11    Section  1.  Notwithstanding  any  other provision of law, the housing
    12  trust fund corporation may provide, for  purposes  of  the  neighborhood
    13  preservation  program,  a  sum  not to exceed $12,830,000 for the fiscal
    14  year ending March 31, 2021.  Within this total amount, $150,000 shall be
    15  used for the purpose of entering into a contract with  the  neighborhood
    16  preservation  coalition  to provide technical assistance and services to
    17  companies funded pursuant to article 16 of the private  housing  finance
    18  law.    Notwithstanding  any  other provision of law, and subject to the
    19  approval of the New York state director of  the  budget,  the  board  of
    20  directors  of  the state of New York mortgage agency shall authorize the
    21  transfer to the housing trust fund  corporation,  for  the  purposes  of
    22  reimbursing  any costs associated with neighborhood preservation program
    23  contracts authorized  by  this  section,  a  total  sum  not  to  exceed
    24  $12,830,000,  such  transfer  to be made from (i) the special account of
    25  the mortgage insurance fund created pursuant to section  2429-b  of  the
    26  public  authorities  law,  in  an amount not to exceed the actual excess
    27  balance in the special account of the mortgage insurance fund, as deter-
    28  mined and certified by the state of New York  mortgage  agency  for  the
    29  fiscal  year  2019-2020  in accordance with section 2429-b of the public
    30  authorities law, if any, and/or (ii) provided that the reserves  in  the
    31  project  pool  insurance  account of the mortgage insurance fund created
    32  pursuant to section 2429-b of the public authorities law are  sufficient
    33  to  attain and maintain the credit rating (as determined by the state of
    34  New York mortgage agency) required to accomplish the  purposes  of  such
    35  account,  the  project  pool insurance account of the mortgage insurance
    36  fund, such transfer to be made as soon as practicable but no later  than
    37  June 30, 2020.
    38    §  2.  Notwithstanding  any  other provision of law, the housing trust
    39  fund corporation may provide, for purposes  of  the  rural  preservation
    40  program, a sum not to exceed $5,360,000 for the fiscal year ending March
    41  31,  2021.    Within  this  total amount, $150,000 shall be used for the
    42  purpose of entering into a contract with the rural housing coalition  to
    43  provide  technical  assistance and services to companies funded pursuant
    44  to article 16 of the private housing finance law.   Notwithstanding  any
    45  other  provision  of  law,  and  subject to the approval of the New York
    46  state director of the budget, the board of directors of the state of New
    47  York mortgage agency shall authorize the transfer to the  housing  trust
    48  fund  corporation,  for the purposes of reimbursing any costs associated

        S. 7506--B                         38                         A. 9506--B
 
     1  with rural preservation program contracts authorized by this section,  a
     2  total  sum  not  to exceed $5,360,000, such transfer to be made from (i)
     3  the special account of the mortgage insurance fund created  pursuant  to
     4  section 2429-b of the public authorities law, in an amount not to exceed
     5  the  actual excess balance in the special account of the mortgage insur-
     6  ance fund, as determined and certified by the state of New York mortgage
     7  agency for the fiscal year 2019-2020 in accordance with  section  2429-b
     8  of  the  public  authorities  law, if any, and/or (ii) provided that the
     9  reserves in the project pool insurance account of the mortgage insurance
    10  fund created pursuant to section 2429-b of the  public  authorities  law
    11  are  sufficient  to attain and maintain the credit rating (as determined
    12  by the state of New York mortgage agency)  required  to  accomplish  the
    13  purposes  of  such  account,  the  project pool insurance account of the
    14  mortgage insurance fund, such transfer to be made as soon as practicable
    15  but no later than June 30, 2020.
    16    § 3. Notwithstanding any other provision of  law,  the  housing  trust
    17  fund  corporation  may provide, for purposes of the rural rental assist-
    18  ance program pursuant to article 17-A of  the  private  housing  finance
    19  law,  a  sum  not to exceed $21,000,000 for the fiscal year ending March
    20  31, 2021.  Notwithstanding any other provision of law,  and  subject  to
    21  the  approval of the New York state director of the budget, the board of
    22  directors of the state of New York mortgage agency shall  authorize  the
    23  transfer  to  the  housing  trust  fund corporation, for the purposes of
    24  reimbursing any costs associated with rural  rental  assistance  program
    25  contracts  authorized  by  this  section,  a  total  sum  not  to exceed
    26  $21,000,000, such transfer to be made from (i) the  special  account  of
    27  the  mortgage  insurance  fund created pursuant to section 2429-b of the
    28  public authorities law, in an amount not to  exceed  the  actual  excess
    29  balance in the special account of the mortgage insurance fund, as deter-
    30  mined  and  certified  by  the state of New York mortgage agency for the
    31  fiscal year 2019-2020 in accordance with section 2429-b  of  the  public
    32  authorities  law,  if any, and/or (ii) provided that the reserves in the
    33  project pool insurance account of the mortgage  insurance  fund  created
    34  pursuant  to section 2429-b of the public authorities law are sufficient
    35  to attain and maintain the credit rating, as determined by the state  of
    36  New  York  mortgage  agency, required to accomplish the purposes of such
    37  account, the project pool insurance account of  the  mortgage  insurance
    38  fund,  such  transfer  shall be made as soon as practicable but no later
    39  than June 30, 2020.
    40    § 4. Notwithstanding any other provision of law, the homeless  housing
    41  and  assistance  corporation  may  provide, for purposes of the New York
    42  state supportive housing program,  the  solutions  to  end  homelessness
    43  program or the operational support for AIDS housing program, or to qual-
    44  ified  grantees under such programs, in accordance with the requirements
    45  of such programs, a sum not to exceed $42,641,000 for  the  fiscal  year
    46  ending  March  31, 2021. The homeless housing and assistance corporation
    47  may enter into an agreement with the office of temporary and  disability
    48  assistance to administer such sum in accordance with the requirements of
    49  such  programs.  Notwithstanding any other provision of law, and subject
    50  to the approval of the New York state director of the budget, the  board
    51  of  directors  of  the state of New York mortgage agency shall authorize
    52  the transfer to the homeless housing and assistance corporation, a total
    53  sum not to exceed $42,641,000, such transfer to be  made  from  (i)  the
    54  special  account  of  the  mortgage  insurance  fund created pursuant to
    55  section 2429-b of the public authorities law, in an amount not to exceed
    56  the actual excess balance in the special account of the mortgage  insur-

        S. 7506--B                         39                         A. 9506--B
 
     1  ance fund, as determined and certified by the state of New York mortgage
     2  agency  for  the fiscal year 2019-2020 in accordance with section 2429-b
     3  of the public authorities law, if any, and/or  (ii)  provided  that  the
     4  reserves in the project pool insurance account of the mortgage insurance
     5  fund  created  pursuant  to section 2429-b of the public authorities law
     6  are sufficient to attain and maintain the credit rating as determined by
     7  the state of New  York  mortgage  agency,  required  to  accomplish  the
     8  purposes  of  such  account,  the  project pool insurance account of the
     9  mortgage insurance fund, such transfer shall be made as soon as  practi-
    10  cable but no later than March 31, 2021.
    11    §  5.  Notwithstanding  any other provision of law, and in addition to
    12  the powers currently authorized to be exercised by the state of New York
    13  municipal bond bank agency, the state of New York  municipal  bond  bank
    14  agency  may  provide,  for  purposes  of municipal relief to the city of
    15  Albany, a sum not to exceed twelve million dollars for the  city  fiscal
    16  year  ending  December  31, 2020, to the city of Albany. Notwithstanding
    17  any other provision of law, and subject to the approval of the New  York
    18  state  director  of  the  budget,  the state of New York mortgage agency
    19  shall transfer to the state of New York municipal bond bank  agency  for
    20  distribution  as municipal relief to the city of Albany, a total sum not
    21  to exceed twelve million dollars, such transfer to be made from (i)  the
    22  special  account  of  the  mortgage  insurance  fund created pursuant to
    23  section 2429-b of the public authorities law, in an amount not to exceed
    24  the actual excess balance in the special account of the mortgage  insur-
    25  ance fund, as determined and certified by the state of New York mortgage
    26  agency  for  the fiscal year 2019-2020 in accordance with section 2429-b
    27  of the public authorities law, if any, and/or  (ii)  provided  that  the
    28  reserves in the project pool insurance account of the mortgage insurance
    29  fund  created  pursuant  to section 2429-b of the public authorities law
    30  are sufficient to attain and maintain the credit rating  (as  determined
    31  by  the agency) required to accomplish the purposes of such account, the
    32  project pool insurance account of the mortgage  insurance  fund  created
    33  pursuant  to section 2429-b of the public authorities law, such transfer
    34  to be made as soon as practicable no later than December 31,  2020,  and
    35  provided  further  that  the  New  York state director of the budget may
    36  request additional information from the city  of  Albany  regarding  the
    37  utilization  of these funds and the finances and operations of the city,
    38  as appropriate.
    39    § 6. Notwithstanding any other provision of law, the department of law
    40  may provide, for purposes of a homeowner protection program, or to qual-
    41  ified grantees under such program, in accordance with  the  requirements
    42  of  such  program,  a  sum not to exceed $10,000,000 for the fiscal year
    43  ending March 31, 2021. Notwithstanding any other provision of  law,  and
    44  subject  to  the  approval of the New York state director of the budget,
    45  the board of directors of the state of New York  mortgage  agency  shall
    46  authorize  the  transfer  to  the  department of law, a total sum not to
    47  exceed $10,000,000, such transfer  to  be  made  from  (i)  the  special
    48  account  of  the  mortgage  insurance  fund  created pursuant to section
    49  2429-b of the public authorities law, in an amount  not  to  exceed  the
    50  actual  excess  balance in the special account of the mortgage insurance
    51  fund, as determined and certified by the  state  of  New  York  mortgage
    52  agency  for  the fiscal year 2019-2020 in accordance with section 2429-b
    53  of the public authorities law, if any, and/or  (ii)  provided  that  the
    54  reserves in the project pool insurance account of the mortgage insurance
    55  fund  created  pursuant  to section 2429-b of the public authorities law
    56  are sufficient to attain and maintain the credit rating as determined by

        S. 7506--B                         40                         A. 9506--B
 
     1  the state of New  York  mortgage  agency,  required  to  accomplish  the
     2  purposes  of  such  account,  the  project pool insurance account of the
     3  mortgage insurance fund, such transfer shall be made as soon as  practi-
     4  cable but no later than March 31, 2021.
     5    § 7. This act shall take effect immediately.

     6                                   PART I
 
     7    Section  1.  Subdivision c of section 8 of section 4 of chapter 576 of
     8  the laws of 1974, constituting the emergency tenant  protection  act  of
     9  nineteen  seventy-four, as amended by section 16 of part K of chapter 36
    10  of the laws of 2019, is amended to read as follows:
    11    c. Whenever a city having a population of  one  million  or  more  has
    12  determined  the  existence  of an emergency pursuant to section three of
    13  this act, the provisions of this act and the New York city rent stabili-
    14  zation law of nineteen hundred sixty-nine shall be administered  by  the
    15  state  division  of housing and community renewal as provided in the New
    16  York city rent stabilization law  of  nineteen  hundred  sixty-nine,  as
    17  amended,  or  as  otherwise  provided  by law. The costs incurred by the
    18  state division of housing and community renewal  in  administering  such
    19  regulation  shall  be  paid by such city. All payments for such adminis-
    20  tration shall be transmitted to the state division of housing and commu-
    21  nity renewal as follows: on or after April first of each year commencing
    22  with April, nineteen hundred eighty-four, the  commissioner  of  housing
    23  and  community renewal, in consultation with the director of the budget,
    24  shall determine an amount necessary to defray the division's anticipated
    25  annual cost, and one-quarter of such amount shall be paid by  such  city
    26  on  or  before July first of such year, one-quarter of such amount on or
    27  before October first of such year, one-quarter  of  such  amount  on  or
    28  before  January  first  of  the  following  year and one-quarter of such
    29  amount on or before March thirty-first of the following year. After  the
    30  close of the fiscal year of the state, the commissioner, in consultation
    31  with the director of the budget, shall determine the amount of all actu-
    32  al  costs  incurred in such fiscal year and shall certify such amount to
    33  such city. If such certified amount shall differ from the amount paid by
    34  the city for such fiscal year, appropriate adjustments shall be made  in
    35  the  next  quarterly  payment to be made by such city. In the event that
    36  the amount thereof is not paid to the commissioner, in consultation with
    37  the director of the budget, as herein prescribed, the  commissioner,  in
    38  consultation  with  the director of the budget, shall certify the unpaid
    39  amount to the comptroller, and the comptroller shall, to the extent  not
    40  otherwise  prohibited  by  law,  withhold such amount from any state aid
    41  payable to such city. In no event shall the amount imposed on the owners
    42  exceed twenty dollars per unit per year.
    43    § 2. Subdivisions d and e of section 8 of section 4 of chapter 576  of
    44  the  laws  of  1974, constituting the emergency tenant protection act of
    45  nineteen seventy-four, subdivision d as amended by section 16 of part  K
    46  of  chapter  36  of  the  laws  of  2019 and subdivision e as amended by
    47  section 1 of part O of chapter 57 of the laws of 2009,  are  amended  to
    48  read as follows:
    49    d.  Notwithstanding  subdivision  c  of  this  section  or  any  other
    50  provision of law to the contrary, whenever the state  has  incurred  any
    51  costs  as  a  result  of administering the rent regulation program for a
    52  city having a population of one  million  or  more  in  accordance  with
    53  subdivision c of this section, on or after April first of each year, the
    54  commissioner  of housing and community renewal, in consultation with the

        S. 7506--B                         41                         A. 9506--B
 
     1  director of the budget, shall determine an amount  necessary  to  defray
     2  the state's anticipated annual cost. In the event that the division does
     3  not  send  a  bill  to  the city to defray such costs in accordance with
     4  subdivision  c  of  this section, it shall submit to the city an invoice
     5  showing all such costs as soon as practicable after  the  start  of  the
     6  state fiscal year in which the costs are to be incurred. The director of
     7  the budget may direct any other state agency to reduce the amount of any
     8  other  payment  or payments owed to such city or any department, agency,
     9  or instrumentality thereof; provided however, that such reduction  shall
    10  be  made no sooner than thirty days after the transmittal of the invoice
    11  of costs, and shall be in an amount equal to the costs incurred  by  the
    12  state  in  administering  the  rent  regulation program for such city in
    13  accordance with subdivision c of this section.   Within thirty  days  of
    14  the  receipt of the invoice of costs, the city may send to the division,
    15  in written form, requests for additional information  relating  to  such
    16  costs,  including  any recommendations on which local assistance payment
    17  would be reduced.  If the director of the budget makes such direction in
    18  accordance with this subdivision, the impacted city shall not  make  the
    19  payments  required by subdivision c of this section, and the division of
    20  housing and community renewal shall notify such city in writing of  what
    21  payment  or payments will be reduced and the amount of the reduction and
    22  shall suballocate, as necessary, the value of the costs it  incurred  to
    23  the  agency  or  agencies which reduces the payments to such city or any
    24  department, agency or authority thereof in accordance with this subdivi-
    25  sion.
    26    e. The failure to pay the prescribed assessment not to  exceed  twenty
    27  dollars  per  unit  for any housing accommodation subject to this act or
    28  the New York city rent stabilization law of nineteen hundred  sixty-nine
    29  shall constitute a charge due and owing such city, town or village which
    30  has  imposed an annual charge for each such housing accommodation pursu-
    31  ant to subdivision b of this section. Any such  city,  town  or  village
    32  shall  be authorized to provide for the enforcement of the collection of
    33  such charges by commencing an action or proceeding for the  recovery  of
    34  such  fees  or  by  the filing of a lien upon the building and lot. Such
    35  methods for the enforcement of the collection of such charges  shall  be
    36  the sole remedy for the enforcement of this section.
    37    [e.] f. The division shall maintain at least one office in each county
    38  which  is  governed  by  the  rent stabilization law of nineteen hundred
    39  sixty-nine or this act; provided, however, that the division  shall  not
    40  be  required  to maintain an office in the counties of Nassau, Rockland,
    41  or Richmond.
    42    § 3. This act shall take effect immediately.

    43                                   PART J
 
    44    Section 1. The labor law is amended by adding a new section  196-b  to
    45  read as follows:
    46    §  196-b. Sick leave requirements. 1. Every employer shall be required
    47  to provide its employees with sick leave as follows:
    48    a. For employers with four or fewer employees in  any  calendar  year,
    49  each  employee  shall  be provided with up to forty hours of unpaid sick
    50  leave in each calendar year; provided, however, an employer that employs
    51  four or fewer employees in any calendar year and that has a  net  income
    52  of  greater  than  one  million  dollars  in the previous tax year shall
    53  provide each employee with up to forty hours of paid sick leave pursuant
    54  to this section;

        S. 7506--B                         42                         A. 9506--B
 
     1    b. For employers with between five and ninety-nine  employees  in  any
     2  calendar year, each employee shall be provided with up to forty hours of
     3  paid sick leave in each calendar year; and
     4    c.  For  employers  with one hundred or more employees in any calendar
     5  year, each employee shall be provided with up to fifty-six hours of paid
     6  sick leave each calendar year.
     7    For purposes of determining the number of employees pursuant  to  this
     8  subdivision,  a  calendar  year  shall mean the twelve-month period from
     9  January first through December thirty-first.  For all other purposes,  a
    10  calendar  year  shall  either  mean the twelve-month period from January
    11  first through  December  thirty-first,  or  a  regular  and  consecutive
    12  twelve-month period, as determined by an employer.
    13    2.  Nothing  in this section shall be construed to prohibit or prevent
    14  an employer from providing an amount of  sick  leave,  paid  or  unpaid,
    15  which  is  in excess of the requirements set forth in subdivision one of
    16  this section, or from adopting a paid leave policy that  provides  addi-
    17  tional  benefits  to  employees.  An  employer  may elect to provide its
    18  employees with the total amount of sick leave required  to  fulfill  its
    19  obligations pursuant to subdivision one of this section at the beginning
    20  of  the  calendar  year,  provided,  however  that  no employer shall be
    21  permitted to reduce or revoke any such sick leave based on the number of
    22  hours actually worked by an employee during the calendar  year  if  such
    23  employer elects pursuant to this subdivision.
    24    3.  Employees  shall  accrue sick leave at a rate of not less than one
    25  hour per every thirty hours worked, beginning  at  the  commencement  of
    26  employment  or  the  effective date of this section, whichever is later,
    27  subject to the use and accrual limitations set forth in this section.
    28    4. a. On and after January first, two thousand twenty-one and upon the
    29  oral or written request  of  an  employee,  an  employer  shall  provide
    30  accrued sick leave for the following purposes:
    31    (i)  for  a mental or physical illness, injury, or health condition of
    32  such employee or such employee's family member,  regardless  of  whether
    33  such illness, injury, or health condition has been diagnosed or requires
    34  medical care at the time that such employee requests such leave;
    35    (ii)  for  the  diagnosis,  care, or treatment of a mental or physical
    36  illness, injury or health condition of, or need  for  medical  diagnosis
    37  of,  or  preventive  care  for,  such employee or such employee's family
    38  member; or
    39    (iii) for an absence from work due to any  of  the  following  reasons
    40  when  the  employee  or  employee's family member has been the victim of
    41  domestic violence pursuant to subdivision  thirty-four  of  section  two
    42  hundred  ninety-two  of  the  executive  law,  a  family offense, sexual
    43  offense, stalking, or human trafficking:
    44    (a) to obtain services from a domestic violence shelter,  rape  crisis
    45  center, or other services program;
    46    (b)  to  participate  in  safety  planning, temporarily or permanently
    47  relocate, or take other actions to increase the safety of  the  employee
    48  or employee's family members;
    49    (c)  to  meet  with  an  attorney or other social services provider to
    50  obtain information and advice on, and prepare for or participate in  any
    51  criminal or civil proceeding;
    52    (d)  to file a complaint or domestic incident report with law enforce-
    53  ment;
    54    (e) to meet with a district attorney's office;
    55    (f) to enroll children in a new school; or

        S. 7506--B                         43                         A. 9506--B
 
     1    (g) to take any other actions necessary to ensure the health or safety
     2  of the employee or the employee's family member or to protect those  who
     3  associate or work with the employee.
     4    For  purposes  of  this  subdivision,  the  reasons  outlined above in
     5  subparagraph (a) through (g) must be related to the  domestic  violence,
     6  family offense, sexual offense, stalking, or human trafficking. Provided
     7  further  that  a person who has committed such domestic violence, family
     8  offense, sexual offense, stalking, or human  trafficking  shall  not  be
     9  eligible  for  leave  under this subdivision for situations in which the
    10  person committed such offense and was not a victim, notwithstanding  any
    11  family relationship.
    12    b. For purposes of this section, "family member" shall mean an employ-
    13  ee's  child,  spouse,  domestic  partner, parent, sibling, grandchild or
    14  grandparent; and the child or parent of an employee's spouse or domestic
    15  partner. "Parent" shall mean a biological,  foster,  step-  or  adoptive
    16  parent,  or  a  legal  guardian of an employee, or a person who stood in
    17  loco parentis when the employee was a minor child.  "Child" shall mean a
    18  biological, adopted or foster child, a legal ward,  or  a  child  of  an
    19  employee standing in loco parentis.
    20    5.  a.  An  employer  may  not  require the disclosure of confidential
    21  information relating to a mental or physical illness, injury, or  health
    22  condition of such employee or such employee's family member, or informa-
    23  tion  relating  to  absence from work due to domestic violence, a sexual
    24  offense, stalking, or human trafficking, as  a  condition  of  providing
    25  sick leave pursuant to this section.
    26    b.  An  employer may set a reasonable minimum increment for the use of
    27  sick leave which shall not exceed four hours.  Employees  shall  receive
    28  compensation  at his or her regular rate of pay, or the applicable mini-
    29  mum wage established pursuant to section six hundred fifty-two  of  this
    30  chapter, whichever is greater, for the use of paid sick leave.
    31    6.  An  employee's  unused  sick  leave  shall  be carried over to the
    32  following calendar year, provided, however, that: (i) an  employer  with
    33  fewer  than  one  hundred  employees  may limit the use of sick leave to
    34  forty hours per calendar year; and (ii) an employer with one hundred  or
    35  more  employees  may  limit the use of sick leave to fifty-six hours per
    36  calendar year. Nothing in this section shall be construed to require  an
    37  employer  to  pay an employee for unused sick leave upon such employee's
    38  termination, resignation, retirement, or other separation  from  employ-
    39  ment.
    40    7.  No  employer  or  his or her agent, or the officer or agent of any
    41  corporation, partnership, or limited liability  company,  or  any  other
    42  person,  shall  discharge,  threaten,  penalize,  or in any other manner
    43  discriminate or retaliate against any employee because such employee has
    44  exercised his or her rights afforded under this section, including,  but
    45  not  limited  to, requesting sick leave and using sick leave, consistent
    46  with the provisions of section two hundred fifteen of this chapter.
    47    8. An employer shall not be required to provide  any  additional  sick
    48  leave  pursuant to this section if the employer has adopted a sick leave
    49  policy or time off policy that provides  employees  with  an  amount  of
    50  leave  which  meets or exceeds the requirements set forth in subdivision
    51  one of this section  and  satisfies  the  accrual,  carryover,  and  use
    52  requirements of this section.
    53    9.  Nothing  in  this  section  shall  be  construed to: a. prohibit a
    54  collective bargaining agreement entered into, on or after the  effective
    55  date  of  this  section  from, in lieu of the leave provided for in this
    56  section, providing a comparable benefit for  the  employees  covered  by

        S. 7506--B                         44                         A. 9506--B
 
     1  such agreement in the form of paid days off; such paid days off shall be
     2  in  the  form  of  leave, compensation, other employee benefits, or some
     3  combination thereof; or
     4    b. impede, infringe, or diminish the ability of a certified collective
     5  bargaining  agent  to  negotiate  the terms and conditions of sick leave
     6  different from the provisions of this section.
     7    Provided, however, that in the case of either paragraph a or b of this
     8  subdivision, the agreement must specifically acknowledge the  provisions
     9  of this section.
    10    10.  Upon  return  to  work following any sick leave taken pursuant to
    11  this section, an employee shall be restored by his or  her  employer  to
    12  the position of employment held by such employee prior to any sick leave
    13  taken  pursuant  to  this  section with the same pay and other terms and
    14  conditions of employment.
    15    11. Upon the oral or written request of an employee, an employer shall
    16  provide a summary of the amounts of sick leave accrued and used by  such
    17  employee in the current calendar year and/or any previous calendar year.
    18  The employer shall provide such information to the employee within three
    19  business days of such request.
    20    12.  Nothing in this section shall be construed to prevent a city with
    21  a population of one million or more from enacting  and  enforcing  local
    22  laws or ordinances which meet or exceed the standard or requirements for
    23  minimum  hour  and  use  set forth in this section, as determined by the
    24  commissioner. Any paid sick leave benefits  provided  by  a  sick  leave
    25  program  enforced  by a municipal corporation in effect as of the effec-
    26  tive date of this section shall not be diminished or limited as a result
    27  of the enactment of this section.
    28    13. The commissioner shall have authority  to  adopt  regulations  and
    29  issue  guidance  to  effectuate  any  of the provisions of this section.
    30  Employers shall comply with regulations and guidance promulgated by  the
    31  commissioner  for  this purpose which may include but are not limited to
    32  standards for the accrual, use, payment,  and  employee  eligibility  of
    33  sick leave.
    34    14.  The department shall conduct a public awareness outreach campaign
    35  which shall include making information  available  on  its  website  and
    36  otherwise  informing  employers  and employees of the provisions of this
    37  section.
    38    § 2. Subdivision 4 of section 195 of the  labor  law,  as  amended  by
    39  chapter 564 of the laws of 2010, is amended to read as follows:
    40    4.  establish,  maintain  and  preserve  for  not  less than six years
    41  contemporaneous, true, and accurate payroll  records  showing  for  each
    42  week  worked the hours worked; the rate or rates of pay and basis there-
    43  of, whether paid by the hour, shift, day, week, salary,  piece,  commis-
    44  sion,  or other; gross wages; deductions; allowances, if any, claimed as
    45  part of the minimum wage; amount of sick leave provided to each  employ-
    46  ee;  and  net  wages  for each employee.   For all employees who are not
    47  exempt from overtime compensation as established in  the  commissioner's
    48  minimum wage orders or otherwise provided by New York state law or regu-
    49  lation,  the  payroll  records  shall include the regular hourly rate or
    50  rates of pay, the overtime rate or rates of pay, the number  of  regular
    51  hours worked, and the number of overtime hours worked. For all employees
    52  paid  a  piece  rate,  the  payroll records shall include the applicable
    53  piece rate or rates of pay and number of pieces completed at each  piece
    54  rate;
    55    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    56  sion,  section  or  part  of  this act shall be adjudged by any court of

        S. 7506--B                         45                         A. 9506--B
 
     1  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     2  impair,  or  invalidate  the remainder thereof, but shall be confined in
     3  its operation to the clause, sentence, paragraph,  subdivision,  section
     4  or part thereof directly involved in the controversy in which such judg-
     5  ment shall have been rendered. It is hereby declared to be the intent of
     6  the  legislature  that  this  act  would  have been enacted even if such
     7  invalid provisions had not been included herein.
     8    § 4. This act shall take effect on the one hundred eightieth day after
     9  it shall have become a law; provided that the department  of  labor  may
    10  promulgate rules and regulations to effectuate the purposes of this act,
    11  on or before such effective date.
 
    12                                   PART K
 
    13    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
    14  section 131-o of the social services law, as amended  by  section  1  of
    15  part  L  of  chapter  56  of  the  laws  of 2019, are amended to read as
    16  follows:
    17    (a) in the case of each individual receiving family  care,  an  amount
    18  equal to at least [$148.00] $150.00 for each month beginning on or after
    19  January first, two thousand [nineteen] twenty.
    20    (b)  in  the  case  of  each individual receiving residential care, an
    21  amount equal to at least [$171.00] $174.00 for each month  beginning  on
    22  or after January first, two thousand [nineteen] twenty.
    23    (c)  in  the  case  of  each individual receiving enhanced residential
    24  care, an amount equal to at  least  [$204.00]  $207.00  for  each  month
    25  beginning on or after January first, two thousand [nineteen] twenty.
    26    (d)  for  the  period  commencing January first, two thousand [twenty]
    27  twenty-one, the monthly personal needs  allowance  shall  be  an  amount
    28  equal  to  the sum of the amounts set forth in subparagraphs one and two
    29  of this paragraph:
    30    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
    31  subdivision; and
    32    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    33  the percentage of any  federal  supplemental  security  income  cost  of
    34  living adjustment which becomes effective on or after January first, two
    35  thousand  [twenty] twenty-one, but prior to June thirtieth, two thousand
    36  [twenty] twenty-one, rounded to the nearest whole dollar.
    37    § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
    38  section  209 of the social services law, as amended by section 2 of part
    39  L of chapter 56 of the laws of 2019, are amended to read as follows:
    40    (a) On and after January first, two thousand [nineteen] twenty, for an
    41  eligible individual living alone, [$858.00] $870.00; and for an eligible
    42  couple living alone, [$1,261.00] $1,279.00.
    43    (b) On and after January first, two thousand [nineteen] twenty, for an
    44  eligible individual living with others with or without  in-kind  income,
    45  [$794.00] $806.00; and for an eligible couple living with others with or
    46  without in-kind income, [$1,203.00] $1,221.00.
    47    (c)  On  and  after January first, two thousand [nineteen] twenty, (i)
    48  for an eligible individual receiving family care, [$1,037.48]  $1,049.48
    49  if he or she is receiving such care in the city of New York or the coun-
    50  ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
    51  couple  receiving  family  care in the city of New York or the county of
    52  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
    53  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
    54  ual receiving such care in any other  county  in  the  state,  [$999.48]

        S. 7506--B                         46                         A. 9506--B
 
     1  $1,011.48;  and  (iv)  for an eligible couple receiving such care in any
     2  other county in the state, two times the amount set  forth  in  subpara-
     3  graph (iii) of this paragraph.
     4    (d)  On  and  after January first, two thousand [nineteen] twenty, (i)
     5  for an  eligible  individual  receiving  residential  care,  [$1,206.00]
     6  $1,218.00 if he or she is receiving such care in the city of New York or
     7  the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
     8  eligible couple receiving residential care in the city of  New  York  or
     9  the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
    10  amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
    11  eligible  individual  receiving  such  care  in  any other county in the
    12  state, [$1,176.00] $1,188.00; and (iv) for an eligible couple  receiving
    13  such  care  in  any  other county in the state, two times the amount set
    14  forth in subparagraph (iii) of this paragraph.
    15    (e) On and after January first, two thousand  [nineteen]  twenty,  (i)
    16  for   an   eligible  individual  receiving  enhanced  residential  care,
    17  [$1,465.00]  $1,477.00;  and  (ii)  for  an  eligible  couple  receiving
    18  enhanced  residential  care,  two times the amount set forth in subpara-
    19  graph (i) of this paragraph.
    20    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    21  vision shall be increased to reflect any increases  in  federal  supple-
    22  mental  security income benefits for individuals or couples which become
    23  effective on or after January first, two  thousand  [twenty]  twenty-one
    24  but prior to June thirtieth, two thousand [twenty] twenty-one.
    25    § 3. This act shall take effect December 31, 2020.
 
    26                                   PART L
 
    27    Section 1. The family court act is amended by adding a new article 5-C
    28  to read as follows:
    29                                 ARTICLE 5-C
    30        JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
    31              REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
    32  PART 1. General provisions (581-101 - 581-102)
    33       2. Judgment of parentage (581-201 - 581-206)
    34       3. Child of assisted reproduction (581-301 - 581-307)
    35       4. Surrogacy agreement (581-401 - 581-409)
    36       5. Payment  to  donors  and persons acting as surrogates (581-501 -
    37            581-502)
    38       6. Surrogates' bill of rights (581-601 - 581-607)
    39       7. Miscellaneous provisions (581-701 - 581-704)
 
    40                                   PART 1
    41                             GENERAL PROVISIONS
    42  Section 581-101. Purpose.
    43          581-102. Definitions.
    44    § 581-101. Purpose. The purpose of this article is to  legally  estab-
    45  lish  a  child's  relationship  to his or her parents where the child is
    46  conceived through assisted reproduction except for children  born  to  a
    47  person  acting  as surrogate who contributed the egg used in conception.
    48  This article and all  governmental  measures  adopted  pursuant  thereto
    49  should  comply  with  existing  laws  on  reproductive health and bodily
    50  integrity.
    51    § 581-102. Definitions.  (a) "Assisted reproduction" means a method of
    52  causing pregnancy other than sexual intercourse and includes but is  not
    53  limited to:

        S. 7506--B                         47                         A. 9506--B
 
     1    1. intrauterine or vaginal insemination;
     2    2. donation of gametes;
     3    3. donation of embryos;
     4    4. in vitro fertilization and transfer of embryos; and
     5    5. intracytoplasmic sperm injection.
     6    (b)  "Child" means a born individual of any age whose parentage may be
     7  determined under this act or other law.
     8    (c) "Compensation" means payment  of  any  valuable  consideration  in
     9  excess of reasonable medical and ancillary costs.
    10    (d) "Donor" means an individual who does not intend to be a parent who
    11  produces  gametes  and  provides  them to another person, other than the
    12  individual's spouse, for use in assisted reproduction.   The  term  does
    13  not  include  a person who is a parent under part three of this article.
    14  Donor also includes an individual who had dispositional  control  of  an
    15  embryo  or gametes who then transfers dispositional control and releases
    16  all present and future parental and inheritance rights  and  obligations
    17  to a resulting child.
    18    (e)  "Embryo"  means  a  cell  or  group of cells containing a diploid
    19  complement of chromosomes or group  of  such  cells,  not  a  gamete  or
    20  gametes,  that has the potential to develop into a live born human being
    21  if transferred into the body of  a  person  under  conditions  in  which
    22  gestation may be reasonably expected to occur.
    23    (f) "Embryo transfer" means all medical and laboratory procedures that
    24  are  necessary  to effectuate the transfer of an embryo into the uterine
    25  cavity.
    26    (g) "Gamete" means a cell containing a haploid complement of DNA  that
    27  has  the  potential to form an embryo when combined with another gamete.
    28  Sperm and eggs shall be considered  gametes.  A  human  gamete  used  or
    29  intended  for  reproduction  may  not  contain nuclear DNA that has been
    30  deliberately altered, or nuclear DNA from one human  combined  with  the
    31  cytoplasm or cytoplasmic DNA of another human being.
    32    (h) "Independent escrow agent" means someone other than the parties to
    33  a  surrogacy  agreement and their attorneys. An independent escrow agent
    34  can, but need not, be  a  surrogacy  program,  provided  such  surrogacy
    35  program  is  owned or managed by an attorney licensed to practice law in
    36  the state of New York. If such independent escrow agent is not  attorney
    37  owned, it shall be licensed, bonded and insured.
    38    (i) "Surrogacy  agreement"  is  an  agreement  between  at  least  one
    39  intended parent and a person acting as surrogate intended to result in a
    40  live  birth  where  the  child  will  be the legal child of the intended
    41  parents.
    42    (j)  "Person  acting  as  surrogate"  means  an  adult  person, not an
    43  intended parent, who enters into a surrogacy agreement to bear  a  child
    44  who will be the legal child of the intended parent or parents so long as
    45  the person acting as surrogate has not provided the egg used to conceive
    46  the resulting child.
    47    (k)  "Health care practitioner" means an individual licensed or certi-
    48  fied under title eight of the education law, or a similar law of another
    49  state or country, acting within his or her scope of practice.
    50    (l) "Intended parent" is an individual who manifests the intent to  be
    51  legally  bound  as the parent of a child resulting from assisted reprod-
    52  uction or a surrogacy agreement provided he or she  meets  the  require-
    53  ments of this article.
    54    (m)  "In  vitro  fertilization"  means the formation of a human embryo
    55  outside the human body.

        S. 7506--B                         48                         A. 9506--B
 
     1    (n) "Parent" as used in  this  article  means  an  individual  with  a
     2  parent-child  relationship created or recognized under this act or other
     3  law.
     4    (o)  "Participant" is an individual who either: provides a gamete that
     5  is used in assisted reproduction, is an intended  parent,  is  a  person
     6  acting  as  surrogate,  or is the spouse of an intended parent or person
     7  acting as surrogate.
     8    (p) "Record" means information  inscribed  in  a  tangible  medium  or
     9  stored in an electronic or other medium that is retrievable in perceiva-
    10  ble form.
    11    (q)  "Retrieval"  means the procurement of eggs or sperm from a gamete
    12  provider.
    13    (r) "Spouse" means an individual married to  another,  or  who  has  a
    14  legal  relationship  entered into under the laws of the United States or
    15  of any state, local or  foreign  jurisdiction,  which  is  substantially
    16  equivalent  to  a marriage, including a civil union or domestic partner-
    17  ship.
    18    (s) "State" means a state of the United States, the District of Colum-
    19  bia, Puerto Rico, the United States Virgin Islands, or any territory  or
    20  insular possession subject to the jurisdiction of the United States.
    21    (t)  "Transfer"  means  the placement of an embryo or gametes into the
    22  body of a person with the intent to achieve pregnancy and live birth.
 
    23                                   PART 2
    24                            JUDGMENT OF PARENTAGE
    25  Section 581-201. Judgment of parentage.
    26          581-202. Proceeding  for  judgment  of  parentage  of  a   child
    27                     conceived through assisted reproduction.
    28          581-203.  Proceeding  for  judgment  of  parentage  of  a  child
    29                     conceived pursuant to a surrogacy agreement.
    30          581-204. Judgment of parentage  for  intended  parents  who  are
    31                     spouses.
    32          581-205. Inspection of records.
    33          581-206. Jurisdiction, and exclusive continuing jurisdiction.
    34    § 581-201. Judgment of parentage.  (a) A civil proceeding may be main-
    35  tained  to  adjudicate  the parentage of a child under the circumstances
    36  set forth in this article. This proceeding  is  governed  by  the  civil
    37  practice law and rules.
    38    (b) A judgment of parentage may be issued prior to birth but shall not
    39  become effective until the birth of the child.
    40    (c)  A petition for a judgment of parentage or nonparentage of a child
    41  conceived through assisted reproduction may be initiated by (1) a child,
    42  or (2) a parent, or (3) a participant, or (4) a person with a  claim  to
    43  parentage,  or (5) social services official or other governmental agency
    44  authorized by other law, or (6) a representative authorized  by  law  to
    45  act  for  an  individual  who  would otherwise be entitled to maintain a
    46  proceeding but who is deceased, incapacitated, or a minor, in  order  to
    47  legally  establish  the child-parent relationship of either a child born
    48  through assisted reproduction under part three  of  this  article  or  a
    49  child  born  pursuant  to  a surrogacy agreement under part four of this
    50  article.
    51    § 581-202. Proceeding for judgment of parentage of a  child  conceived
    52  through  assisted  reproduction.    (a)  A  proceeding for a judgment of
    53  parentage with respect to a child  conceived  through  assisted  reprod-
    54  uction may be commenced:

        S. 7506--B                         49                         A. 9506--B
 
     1    (1)  if the intended parent or child resides in New York state, in the
     2  county where the intended parent resides any  time  after  pregnancy  is
     3  achieved or in the county where the child was born or resides; or
     4    (2)  if the intended parent and child do not reside in New York state,
     5  up to ninety days after the birth of the child in the county  where  the
     6  child was born.
     7    (b) The petition for a judgment of parentage must be verified.
     8    (c)  Where  a petition includes the following truthful statements, the
     9  court shall adjudicate the intended parent  to  be  the  parent  of  the
    10  child:
    11    (1)  a  statement  that  an intended parent has been a resident of the
    12  state for at least six months or if an intended parent is not a New York
    13  state resident, that the child will be or was born in the  state  within
    14  ninety days of filing; and
    15    (2)  a statement from the gestating intended parent that the gestating
    16  intended parent became pregnant as a result  of  assisted  reproduction;
    17  and
    18    (3)  in cases where there is a non-gestating intended parent, a state-
    19  ment from the  gestating  intended  parent  and  non-gestating  intended
    20  parent  that  the  non-gestating  intended  parent consented to assisted
    21  reproduction pursuant to section 581-304 of this article; and
    22    (4) proof of any donor's donative intent.
    23    (d) The following shall be deemed sufficient proof of a donor's  dona-
    24  tive intent for purposes of this section:
    25    (1) in the case of an anonymous donor or where gametes or embryos have
    26  previously  been  released  to a gamete or embryo storage facility or in
    27  the presence of a health care practitioner, either:
    28    (i) a statement or documentation from the  gamete  or  embryo  storage
    29  facility  or health care practitioner stating or demonstrating that such
    30  gametes or embryos were  anonymously  donated  or  had  previously  been
    31  released; or
    32    (ii)  clear  and  convincing  evidence that the gamete or embryo donor
    33  intended to donate gametes or embryos anonymously or intended to release
    34  such gametes or embryos to a gamete or embryo storage facility or health
    35  care practitioner; or
    36    (2) in the case of a donation from a known donor, either: a.  a record
    37  from the gamete or embryo donor acknowledging the donation and  confirm-
    38  ing  that  the  donor  has  no  parental  or proprietary interest in the
    39  gametes or embryos.   The  record  shall  be  signed  by  the  gestating
    40  intended  parent  and the gamete or embryo donor. The record may be, but
    41  is not required to be, signed:
    42    (i) before a notary public, or
    43    (ii) before two witnesses who are not the intended parents, or
    44    (iii) before a health care practitioner; or
    45    b. clear and convincing evidence  that  the  gamete  or  embryo  donor
    46  agreed,  prior  to  conception, with the gestating parent that the donor
    47  has no parental or proprietary interest in the gametes or embryos.
    48    (e)(1) In the absence of evidence pursuant to paragraph  two  of  this
    49  subdivision,  notice  shall  be  given to the donor at least twenty days
    50  prior to the date set for the proceeding to determine the  existence  of
    51  donative  intent by delivery of a copy of the petition and notice pursu-
    52  ant to section three hundred eight of the civil practice law and  rules.
    53  Upon a showing to the court, by affidavit or otherwise, on or before the
    54  date  of  the  proceeding  or  within such further time as the court may
    55  allow, that personal service cannot be  effected  at  the  donor's  last
    56  known address with reasonable effort, notice may be given, without prior

        S. 7506--B                         50                         A. 9506--B
 
     1  court  order  therefore, at least twenty days prior to the proceeding by
     2  registered or certified mail directed to the donor's last known address.
     3  Notice by publication shall not be required to be given to a donor enti-
     4  tled to notice pursuant to the provisions of this section.
     5    (2)  Notwithstanding  the  above,  where  sperm  is provided under the
     6  supervision of a health care practitioner  to  someone  other  than  the
     7  sperm  provider's  intimate  partner  or  spouse without a record of the
     8  sperm provider's intent to parent notice is not required.
     9    (f) In cases not covered by subdivision (c) of this section, the court
    10  shall adjudicate the parentage of the child consistent with  part  three
    11  of this article.
    12    (g)  Where the requirements of subdivision (c) of this section are met
    13  or where the court finds the intended parent to be a parent under subdi-
    14  vision (e) of this section, the court shall issue a judgment of  parent-
    15  age:
    16    (1)  declaring,  that upon the birth of the child, the intended parent
    17  or parents is or are the legal parent or parents of the child; and
    18    (2) ordering the intended parent or parents to  assume  responsibility
    19  for  the maintenance and support of the child immediately upon the birth
    20  of the child; and
    21    (3) if there is a donor, ordering that the donor is not  a  parent  of
    22  the child; and
    23    (4) ordering that:
    24    (i)  Pursuant  to section two hundred fifty-four of the judiciary law,
    25  the clerk of the court shall  transmit  to  the  state  commissioner  of
    26  health,  or  for  a person born in New York city, to the commissioner of
    27  health of the city of New York, on a form prescribed by the  commission-
    28  er,  a written notification of such entry together with such other facts
    29  as may assist in identifying  the  birth  record  of  the  person  whose
    30  parentage  was  in  issue  and,  if such person whose parentage has been
    31  determined is under eighteen years of age, the clerk shall also transmit
    32  forthwith to the registry operated by the department of social  services
    33  pursuant  to  section three hundred seventy-two-c of the social services
    34  law a notification of such determination; and
    35    (ii) Pursuant to section forty-one hundred thirty-eight of the  public
    36  health  law  and NYC Public Health Code section 207.05 that upon receipt
    37  of a judgment of parentage the local registrar where  a  child  is  born
    38  will  report the parentage of the child to the appropriate department of
    39  health in conformity with the court order. If an original birth  certif-
    40  icate has already been issued, the appropriate department of health will
    41  amend  the  birth certificate in an expedited manner and seal the previ-
    42  ously issued birth certificate except that it may be rendered accessible
    43  to the child at eighteen years of age or the legal parent or parents.
    44    § 581-203. Proceeding for judgment of parentage of a  child  conceived
    45  pursuant  to a surrogacy agreement.  (a) The proceeding may be commenced
    46  (1) in any county where an intended parent resided any  time  after  the
    47  surrogacy  agreement was executed; (2) in the county where the child was
    48  born or resides; or (3) in the county where the  surrogate  resided  any
    49  time after the surrogacy agreement was executed.
    50    (b)  The  proceeding  may be commenced at any time after the surrogacy
    51  agreement has been executed and the person acting as surrogate  and  all
    52  intended parents are necessary parties.
    53    (c)  The  petition  for  a  judgment of parentage must be verified and
    54  include the following:

        S. 7506--B                         51                         A. 9506--B
 
     1    (1) a statement that the person acting as surrogate or at least one of
     2  the intended parents has been a resident of the state for at  least  six
     3  months at the time the surrogacy agreement was executed; and
     4    (2) a certification from the attorney representing the intended parent
     5  or  parents and the attorney representing the person acting as surrogate
     6  that the requirements of part four of this article have been met; and
     7    (3) a statement from all parties to the surrogacy agreement that  they
     8  knowingly  and voluntarily entered into the surrogacy agreement and that
     9  the parties are jointly requesting the judgment of parentage.
    10    (d) Where the court finds the statements required by  subdivision  (c)
    11  of  this section to be true, the court shall issue a judgment of parent-
    12  age, without additional proceedings or documentation:
    13    (1) declaring, that upon the birth of the child born during  the  term
    14  of  the surrogacy agreement, the intended parent or parents are the only
    15  legal parent or parents of the child;
    16    (2) declaring, that upon the birth of the child born during  the  term
    17  of  the  surrogacy  agreement,  the  person acting as surrogate, and the
    18  spouse of the person acting as surrogate,  if  any,  is  not  the  legal
    19  parent of the child;
    20    (3) declaring that upon the birth of the child born during the term of
    21  the  surrogacy agreement, the donors, if any, are not the parents of the
    22  child;
    23    (4) ordering the person acting as surrogate  and  the  spouse  of  the
    24  person  acting  as  surrogate,  if  any,  to  transfer  the child to the
    25  intended parent or parents if this has not already occurred;
    26    (5) ordering the intended parent or parents to  assume  responsibility
    27  for  the maintenance and support of the child immediately upon the birth
    28  of the child; and
    29    (6) ordering that:
    30    (i) Pursuant to section two hundred fifty-four of the  judiciary  law,
    31  the  clerk  of  the  court  shall  transmit to the state commissioner of
    32  health, or for a person born in New York city, to  the  commissioner  of
    33  health  of the city of New York, on a form prescribed by the commission-
    34  er, a written notification of such entry together with such other  facts
    35  as  may  assist  in  identifying  the  birth  record of the person whose
    36  parentage was in issue and, if  the  person  whose  parentage  has  been
    37  determined is under eighteen years of age, the clerk shall also transmit
    38  to  the  registry operated by the department of social services pursuant
    39  to section three hundred seventy-two-c of  the  social  services  law  a
    40  notification of the determination; and
    41    (ii)  Pursuant to section forty-one hundred thirty-eight of the public
    42  health law and NYC Public Health Code section 207.05 that  upon  receipt
    43  of  a  judgement  of parentage the local registrar where a child is born
    44  will report the parentage of the child to the appropriate department  of
    45  health  in conformity with the court order. If an original birth certif-
    46  icate has already been issued, the appropriate department of health will
    47  amend the birth certificate in an expedited manner and seal  the  previ-
    48  ously issued birth certificate except that it may be rendered accessible
    49  to the child at eighteen years of age or the legal parent or parents.
    50    (e) In the event the certification required by paragraph two of subdi-
    51  vision  (c)  of  this  section  cannot be made because of a technical or
    52  non-material deviation from the requirements of this article; the  court
    53  may nevertheless enforce the agreement and issue a judgment of parentage
    54  if  the court determines the agreement is in substantial compliance with
    55  the requirements of this article.  In the event that any other  require-

        S. 7506--B                         52                         A. 9506--B
 
     1  ments  of  subdivision  (c) of this section are not met, the court shall
     2  determine parentage according to part four of this article.
     3    § 581-204. Judgment of parentage for intended parents who are spouses.
     4  Notwithstanding  or without limitation on presumptions of parentage that
     5  apply, a judgment of parentage  may  be  obtained  under  this  part  by
     6  intended  parents  who are each other's spouse.  Nothing in this section
     7  requires intended parents to be married to each other  in  order  to  be
     8  jointly declared the parents of the child.
     9    §   581-205.   Inspection   of  records.  Court  records  relating  to
    10  proceedings under this article shall be sealed, provided, however,  that
    11  the  office of temporary and disability assistance, a child support unit
    12  of a social services district or a child support agency of another state
    13  providing child support services pursuant to title IV-d of  the  federal
    14  social security act, when a party to a related support proceeding and to
    15  the extent necessary to provide child support services or for the admin-
    16  istration  of  the  program pursuant to title IV-d of the federal social
    17  security act, may obtain a copy of a judgment of parentage. The  parties
    18  to  the  proceeding  and the child shall have the  right  to inspect and
    19  make copies of the  entire court record, including,   but not    limited
    20  to, the name of the person acting as surrogate and any known donors.
    21    §  581-206.  Jurisdiction,  and exclusive continuing jurisdiction. (a)
    22  Proceedings pursuant to this article may be instituted in the supreme or
    23  family court or surrogates court.
    24    (b) Subject to the jurisdictional standards of section seventy-six  of
    25  the domestic relations law, the court conducting a proceeding under this
    26  article  has  exclusive, continuing jurisdiction of all matters relating
    27  to the determination of parentage until the child attains the age of one
    28  hundred eighty days.
 
    29                                   PART 3
    30                       CHILD OF ASSISTED REPRODUCTION
    31  Section 581-301. Scope of article.
    32          581-302. Status of donor.
    33          581-303. Parentage of child of assisted reproduction.
    34          581-304. Consent to assisted reproduction.
    35          581-305. Limitation on spouses' dispute of parentage of child of
    36                     assisted reproduction.
    37          581-306. Effect of embryo disposition agreement between intended
    38                     parents which transfers  legal  rights  and  disposi-
    39                     tional control to one intended parent.
    40          581-307. Effect of death of intended parent.
    41    § 581-301. Scope of article.  This article does not apply to the birth
    42  of a child conceived by means of sexual intercourse.
    43    §  581-302.  Status  of  donor.    A  donor is not a parent of a child
    44  conceived by means of assisted reproduction  where  there  is  proof  of
    45  donative  intent  under subdivision (d) of section 581-202 of this arti-
    46  cle.
    47    § 581-303. Parentage of child of assisted reproduction.  (a) An  indi-
    48  vidual  who  provides  gametes for, or who consents to, assisted reprod-
    49  uction with the intent to be a parent of the child with the  consent  of
    50  the  gestating  parent as provided in section 581-304 of this part, is a
    51  parent of the resulting child for all legal purposes.
    52    (b) The court shall issue a judgment of  parentage  pursuant  to  this
    53  article upon application by any participant.
    54    §  581-304.  Consent to assisted reproduction.  (a) Where the intended
    55  parent who gives birth to a child by means of assisted reproduction is a

        S. 7506--B                         53                         A. 9506--B
 
     1  spouse, the consent of both spouses  to  the  assisted  reproduction  is
     2  presumed  and  neither  spouse may challenge the parentage of the child,
     3  except as provided in section 581-305 of this part.
     4    (b)  Where  the intended parent who gives birth to a child by means of
     5  assisted reproduction is not a  spouse,  the  consent  to  the  assisted
     6  reproduction  must  be  in  a record in such a manner as to indicate the
     7  mutual agreement of the intended parents to conceive and parent a  child
     8  together.
     9    (c)  The  absence  of  a  record  described in subdivision (b) of this
    10  section shall not preclude a finding that such consent  existed  if  the
    11  court  finds  by  clear  and convincing evidence that at the time of the
    12  assisted reproduction the intended parents agreed to conceive and parent
    13  the child together.
    14    § 581-305. Limitation on spouses' dispute of  parentage  of  child  of
    15  assisted  reproduction.    (a)  Neither spouse may challenge the marital
    16  presumption of parentage of a child  created  by  assisted  reproduction
    17  during  the  marriage  unless  the  court  finds by clear and convincing
    18  evidence that one spouse used assisted reproduction  without  the  know-
    19  ledge and consent of the other spouse.
    20    (b)  Notwithstanding  the  foregoing,  a  married  individual  may use
    21  assisted reproduction and the marital presumption shall not apply if the
    22  spouses:
    23    (1) are living separate and apart pursuant to a decree or judgment  of
    24  separation  or  pursuant to a written agreement of separation subscribed
    25  by the parties thereto and acknowledged or proved in the  form  required
    26  to entitle a deed to be recorded; or
    27    (2) have been living separate and apart for at least three years prior
    28  to the use of assisted reproduction.
    29    (c)  The  limitation  provided  in  this  section applies to a spousal
    30  relationship that has been declared invalid after assisted  reproduction
    31  or artificial insemination.
    32    §  581-306.  Effect  of  embryo disposition agreement between intended
    33  parents which transfers legal rights and dispositional  control  to  one
    34  intended  parent.  (a)  An embryo disposition agreement between intended
    35  parents with joint dispositional control of an embryo shall  be  binding
    36  under the following circumstances:
    37    (1) it is in writing;
    38    (2)  each  intended parent had the advice of independent legal counsel
    39  prior to its execution, which may be paid for by either intended parent;
    40  and
    41    (3) where the intended parents are married, transfer of  legal  rights
    42  and dispositional control occurs only upon divorce.
    43    (b)  The  intended parent who transfers legal rights and dispositional
    44  control of the embryo is not a parent of any child  conceived  from  the
    45  embryo  unless  the  agreement  states  that  he or she consents to be a
    46  parent and that consent is not withdrawn consistent with subdivision (c)
    47  of this section.
    48    (c) If the intended parent transferring legal rights and dispositional
    49  control consents to be a parent, he or  she  may  withdraw  his  or  her
    50  consent to be a parent upon written notice to the embryo storage facili-
    51  ty  and to the other intended parent prior to transfer of the embryo. If
    52  he or she timely withdraws consent to be a parent he or  she  is  not  a
    53  parent  for  any  purpose  including  support obligations but the embryo
    54  transfer may still proceed.
    55    (d) An embryo disposition agreement or advance directive that  is  not
    56  in compliance with subdivision (a) of this section may still be found to

        S. 7506--B                         54                         A. 9506--B
 
     1  be  enforceable by the court after balancing the respective interests of
     2  the parties except that the intended parent who divested him or  herself
     3  of  legal  rights  and dispositional control may not be declared to be a
     4  parent  for  any  purpose without his or her consent. The parent awarded
     5  legal rights and dispositional control of the  embryos  shall,  in  this
     6  instance, be declared to be the only parent of the child.
     7    §  581-307.  Effect of death of intended parent.  If an individual who
     8  consented in a record to be  a  parent  by  assisted  reproduction  dies
     9  before  the transfer of eggs, sperm, or embryos, the deceased individual
    10  is not a parent of the resulting child unless  the  deceased  individual
    11  consented in a signed record that if assisted reproduction were to occur
    12  after  death,  the  deceased  individual would be a parent of the child,
    13  provided that the record complies with the estates,  powers  and  trusts
    14  law.  Any rights of the child born after the death of an intended parent
    15  may  be enforced by a government agency authorized by law, including but
    16  not limited to a department of social services.
    17                                   PART 4
    18                             SURROGACY AGREEMENT
    19  Section 581-401. Surrogacy agreement authorized.
    20          581-402. Eligibility to enter surrogacy agreement.
    21          581-403. Requirements of surrogacy agreement.
    22          581-404. Surrogacy  agreement:  effect  of  subsequent   spousal
    23                     relationship.
    24          581-405. Termination of surrogacy agreement.
    25          581-406. Parentage under compliant surrogacy agreement.
    26          581-407. Insufficient surrogacy agreement.
    27          581-408. Absence of surrogacy agreement.
    28          581-409. Dispute as to surrogacy agreement.
    29    § 581-401. Surrogacy agreement authorized.  (a) If eligible under this
    30  article  to  enter into a surrogacy agreement, a person acting as surro-
    31  gate, the spouse of the person acting as surrogate, if  applicable,  and
    32  the  intended  parent  or  parents  may enter into a surrogacy agreement
    33  which will be enforceable provided the  surrogacy  agreement  meets  the
    34  requirements of this article.
    35    (b)  A  surrogacy  agreement  shall  not apply to the birth of a child
    36  conceived by means of sexual intercourse, or where the person acting  as
    37  surrogate contributed the egg used in conception.
    38    (c)  A  surrogacy  agreement  may  provide for payment of compensation
    39  under part five of this article.
    40    § 581-402. Eligibility to enter surrogacy agreement.    (a)  A  person
    41  acting  as  surrogate  shall  be  eligible  to enter into an enforceable
    42  surrogacy agreement under this article if the person acting as surrogate
    43  has met the following requirements at the time the  surrogacy  agreement
    44  is executed:
    45    (1)  the  person  acting  as surrogate is at least twenty-one years of
    46  age;
    47    (2) the person acting as surrogate is a United  States  citizen  or  a
    48  lawful permanent resident and, where at least one intended parent is not
    49  a  resident of New York state for six months, was a resident of New York
    50  state for at least six months;
    51    (3) the person acting as surrogate has not provided the  egg  used  to
    52  conceive the resulting child;
    53    (4)  the person acting as surrogate has completed a medical evaluation
    54  with a health care practitioner relating to the  anticipated  pregnancy.
    55  Such medical evaluation shall include a screening of the medical history

        S. 7506--B                         55                         A. 9506--B
 
     1  of  the  potential  surrogate including known health conditions that may
     2  pose risks to the potential surrogate or embryo during pregnancy;
     3    (5)  the person acting as surrogate has given informed consent for the
     4  surrogacy after the licensed health care practitioner inform them of the
     5  medical risks of surrogacy including the possibility of multiple births,
     6  risk of medications taken for the surrogacy, risk of  pregnancy  compli-
     7  cations,  psychological  and  psychosocial  risks,  and impacts on their
     8  personal lives;
     9    (6) the person acting as surrogate,  and  the  spouse  of  the  person
    10  acting as surrogate, if applicable, have been represented throughout the
    11  contractual  process  and the duration of the contract and its execution
    12  by independent legal counsel of their own choosing who  is  licensed  to
    13  practice  law  in  the  state of New York which shall be paid for by the
    14  intended parent or parents except that a person acting as surrogate  who
    15  is  receiving  no  compensation may waive the right to have the intended
    16  parent or parents pay the fee for such legal counsel. Where the intended
    17  parent or parents are paying for the independent legal  counsel  of  the
    18  person  acting  as  surrogate,  and  the  spouse of the person acting as
    19  surrogate,  if  applicable,  a  separate  retainer  agreement  shall  be
    20  prepared clearly stating that such legal counsel will only represent the
    21  person acting as surrogate and the spouse of the person acting as surro-
    22  gate,  if  applicable, in all matters pertaining to the surrogacy agree-
    23  ment, that such legal counsel will not offer legal advice to  any  other
    24  parties  to  the  surrogacy  agreement,  and  that  the  attorney-client
    25  relationship lies with the person acting as surrogate and the spouse  of
    26  the person acting as surrogate, if applicable;
    27    (7)  the  person  acting  as  surrogate has or the surrogacy agreement
    28  stipulates that the person acting as surrogate will obtain a  comprehen-
    29  sive health insurance policy that takes effect prior to taking any medi-
    30  cation  or  commencing  treatment to further embryo transfer that covers
    31  preconception care, prenatal care, major medical treatments,  hospitali-
    32  zation,  and  behavioral health care, and the comprehensive policy has a
    33  term that extends throughout the duration of the expected pregnancy  and
    34  for  twelve months after the birth of the child, a stillbirth, a miscar-
    35  riage resulting in termination of pregnancy, or termination of the preg-
    36  nancy; the policy  shall  be  paid  for,  whether  directly  or  through
    37  reimbursement  or  other  means,  by  the  intended parent or parents on
    38  behalf of the person acting  as  surrogate  pursuant  to  the  surrogacy
    39  agreement,  except that a person acting as surrogate who is receiving no
    40  compensation may waive the right to have the intended parent or  parents
    41  pay  for  the  health  insurance  policy. The intended parent or parents
    42  shall also pay for or reimburse the person acting as surrogate  for  all
    43  co-payments, deductibles and any other out-of-pocket medical costs asso-
    44  ciated  with  preconception,  pregnancy,  childbirth, or postnatal care,
    45  that accrue through twelve months after the birth of the child, a still-
    46  birth, a miscarriage, or termination of the pregnancy. A  person  acting
    47  as  surrogate  who  is  receiving no compensation may waive the right to
    48  have the intended parent or parents make  such  payments  or  reimburse-
    49  ments;
    50    (8)  the  surrogacy agreement must provide that the intended parent or
    51  parents shall procure and pay for a life insurance policy for the person
    52  acting as surrogate that takes effect prior to taking any medication  or
    53  the  commencement  of  medical  procedures  to  further embryo transfer,
    54  provides a minimum benefit of seven hundred fifty  thousand  dollars  or
    55  the  maximum amount the person acting as surrogate qualifies for if less
    56  than seven hundred fifty thousand dollars, and has a term  that  extends

        S. 7506--B                         56                         A. 9506--B
 
     1  throughout  the duration of the expected pregnancy and for twelve months
     2  after the birth of the child, a stillbirth, a miscarriage  resulting  in
     3  termination  of pregnancy, or termination of the pregnancy, with a bene-
     4  ficiary  or  beneficiaries  of  their choosing. The policy shall be paid
     5  for, whether directly or through reimbursement or other  means,  by  the
     6  intended  parent  or parents on behalf of the person acting as surrogate
     7  pursuant to the surrogacy agreement, except  that  a  person  acting  as
     8  surrogate  who  is receiving no compensation may waive the right to have
     9  the intended parent or parents pay for the life insurance policy; and
    10    (9) the person acting as surrogate meets all other requirements deemed
    11  appropriate by the commissioner of health regarding the  health  of  the
    12  prospective surrogate.
    13    (b)  The intended parent or parents shall be eligible to enter into an
    14  enforceable surrogacy agreement under this article if he,  she  or  they
    15  have  met the following requirements at the time the surrogacy agreement
    16  was executed:
    17    (1) at least one intended parent is  a  United  States  citizen  or  a
    18  lawful  permanent  resident  and was a resident of New York state for at
    19  least six months;
    20    (2) the intended parent or parents has been represented throughout the
    21  contractual process and the duration of the contract and  its  execution
    22  by  independent  legal  counsel of his, her or their own choosing who is
    23  licensed to practice law in the state of New York; and
    24    (3) he or she is an adult person who is not in a spousal relationship,
    25  or adult spouses together, or any two adults who are  intimate  partners
    26  together, except an adult in a spousal relationship is eligible to enter
    27  into an enforceable surrogacy agreement without his or her spouse if:
    28    (i)  they  are living separate and apart pursuant to a decree or judg-
    29  ment of separation or pursuant to  a  written  agreement  of  separation
    30  subscribed by the parties thereto and acknowledged or proved in the form
    31  required to entitle a deed to be recorded; or
    32    (ii) they have been living separate and apart for at least three years
    33  prior to execution of the surrogacy agreement.
    34    (c)  where the spouse of an intended parent is not a required party to
    35  the agreement, the spouse is not an intended parent and shall  not  have
    36  rights or obligations to the child.
    37    § 581-403. Requirements  of surrogacy agreement. A surrogacy agreement
    38  shall be deemed to have satisfied the requirements of this  article  and
    39  be enforceable if it meets the following requirements:
    40    (a)  it  shall  be  in a signed record verified or executed before two
    41  non-party witnesses by:
    42    (1) each intended parent, and
    43    (2) the person acting as surrogate,  and  the  spouse  of  the  person
    44  acting as surrogate, if any, unless:
    45    (i) the person acting as surrogate and the spouse of the person acting
    46  as surrogate are living separate and apart pursuant to a decree or judg-
    47  ment  of  separation  or  pursuant  to a written agreement of separation
    48  subscribed by the parties thereto and acknowledged or proved in the form
    49  required to entitle a deed to be recorded; or
    50    (ii) have been living separate and apart  for  at  least  three  years
    51  prior to execution of the surrogacy agreement;
    52    (b)  it  shall  be  executed  prior  to the person acting as surrogate
    53  taking any medication or the commencement of medical procedures  in  the
    54  furtherance  of embryo transfer, provided the person acting as surrogate
    55  shall have provided informed consent to undergo such  medical  treatment
    56  or medical procedures prior to executing the agreement;

        S. 7506--B                         57                         A. 9506--B
 
     1    (c)  it  shall be executed by a person acting as surrogate meeting the
     2  eligibility requirements of subdivision (a) of section 581-402  of  this
     3  part  and  by  the  spouse of the person acting as surrogate, unless the
     4  signature of the spouse  of  the  person  acting  as  surrogate  is  not
     5  required as set forth in this section;
     6    (d)  it  shall  be  executed by intended parent or parents who met the
     7  eligibility requirements of subdivision (b) of section 581-402  of  this
     8  part;
     9    (e) the person acting as surrogate and the spouse of the person acting
    10  as  surrogate,  if  applicable, and the intended parent or parents shall
    11  have been represented throughout the contractual process and  the  dura-
    12  tion  of  the  contract and its execution by separate, independent legal
    13  counsel of their own choosing;
    14    (f) if the surrogacy agreement provides for  the  payment  of  compen-
    15  sation  to  the  person  acting as surrogate, the funds for base compen-
    16  sation and reasonable anticipated additional expenses  shall  have  been
    17  placed  in  escrow with an independent escrow agent, who consents to the
    18  jurisdiction of New York courts  for  all  proceedings  related  to  the
    19  enforcement  of  the  escrow  agreement,  prior  to the person acting as
    20  surrogate commencing with any medical procedure other than medical eval-
    21  uations necessary to determine the person acting as  surrogate's  eligi-
    22  bility;
    23    (g)  the  surrogacy  agreement must include information disclosing how
    24  the intended parent or parents will cover the medical  expenses  of  the
    25  person  acting  as surrogate and the child. If comprehensive health care
    26  coverage is used to cover the medical  expenses,  the  disclosure  shall
    27  include  a  review  and  summary  of  the  health care policy provisions
    28  related to coverage and exclusions for the person acting as  surrogate's
    29  pregnancy; and
    30    (h) it shall include the following information:
    31    (1)  the  date,  city  and  state  where  the  surrogacy agreement was
    32  executed;
    33    (2) the first and last  names  of  and  contact  information  for  the
    34  intended parent or parents and of the person acting as surrogate;
    35    (3)  the  first  and  last  names  of  and contact information for the
    36  persons from which the gametes originated, if known. The agreement shall
    37  specify whether the gametes provided were eggs, sperm, or embryos;
    38    (4) the name of and contact information for the  licensed  and  regis-
    39  tered surrogacy program handling the surrogacy agreement; and
    40    (5)  the name of and contact information for the attorney representing
    41  the person acting as surrogate, and the spouse of the person  acting  as
    42  surrogate,  if  applicable,  and  the attorney representing the intended
    43  parent or parents; and
    44    (i) the surrogacy agreement must comply  with  all  of  the  following
    45  terms:
    46    (1)  As to the person acting as surrogate and the spouse of the person
    47  acting as surrogate, if applicable:
    48    (i) the person acting as surrogate agrees to undergo  embryo  transfer
    49  and attempt to carry and give birth to the child;
    50    (ii)  the  person  acting  as  surrogate  and the spouse of the person
    51  acting as surrogate, if applicable, agree to surrender  custody  of  all
    52  resulting  children  to  the intended parent or parents immediately upon
    53  birth;
    54    (iii) the surrogacy agreement shall include the name of  the  attorney
    55  representing  the  person  acting  as  surrogate and, if applicable, the
    56  spouse of the person acting as surrogate;

        S. 7506--B                         58                         A. 9506--B
 
     1    (iv) the surrogacy agreement must include an  acknowledgement  by  the
     2  person acting as surrogate and the spouse of the person acting as surro-
     3  gate,  if  applicable, that they have received a copy of the Surrogate's
     4  Bill of Rights from their legal counsel;
     5    (v) the surrogacy agreement must permit the person acting as surrogate
     6  to  make all health and welfare decisions regarding themselves and their
     7  pregnancy including but not limited to, whether to consent to a cesarean
     8  section or multiple  embryo  transfer,  and  notwithstanding  any  other
     9  provisions  in this chapter, provisions in the agreement to the contrary
    10  are void and unenforceable. This article does not diminish the right  of
    11  the person acting as surrogate to terminate or continue a pregnancy;
    12    (vi)  the  surrogacy  agreement  shall  permit  the person acting as a
    13  surrogate to utilize the services of a health care practitioner  of  the
    14  person's choosing;
    15    (vii)  the surrogacy agreement shall not limit the right of the person
    16  acting as surrogate to terminate or continue the pregnancy or reduce  or
    17  retain the number of fetuses or embryos the person is carrying;
    18    (viii)  the  surrogacy  agreement  shall  provide for the right of the
    19  person acting as  surrogate,  upon  request,  to  obtain  counseling  to
    20  address issues resulting from the person's participation in the surroga-
    21  cy agreement, including, but not limited to, counseling following deliv-
    22  ery. The cost of that counseling shall be paid by the intended parent or
    23  parents;
    24    (ix)  the  surrogacy  agreement must include a notice that any compen-
    25  sation received pursuant to the agreement may affect the  person  acting
    26  as  surrogate's  ability for public benefits or the amount of such bene-
    27  fits; and
    28    (x) the surrogacy agreement shall provide that, upon the person acting
    29  as surrogate's request, the intended parent  or  parents  have  or  will
    30  procure  and pay for a disability insurance policy for the person acting
    31  as surrogate; the person acting as surrogate may designate the benefici-
    32  ary of the person's choosing.
    33    (2) As to the intended parent or parents:
    34    (i) the intended parent or parents agree  to  accept  custody  of  all
    35  resulting  children immediately upon birth regardless of number, gender,
    36  or mental or physical condition and regardless of whether  the  intended
    37  embryos  were  transferred due to a laboratory error without diminishing
    38  the rights, if any, of anyone  claiming  to  have  a  superior  parental
    39  interest in the child; and
    40    (ii) the intended parent or parents agree to assume responsibility for
    41  the support of all resulting children immediately upon birth; and
    42    (iii)  the  surrogacy agreement shall include the name of the attorney
    43  representing the intended parent or parents; and
    44    (iv) the surrogacy agreement shall provide that the rights  and  obli-
    45  gations  of the intended parent or parents under the surrogacy agreement
    46  are not assignable; and
    47    (v) the intended parent or parents agree to execute a will,  prior  to
    48  the  embryo  transfer, designating a guardian for all resulting children
    49  and authorizing their executor  to  perform  the  intended  parent's  or
    50  parents' obligations pursuant to the surrogacy agreement.
    51    § 581-404. Surrogacy agreement: effect of subsequent spousal relation-
    52  ship.  (a) After the execution of a surrogacy agreement under this arti-
    53  cle, the subsequent spousal relationship of the person acting as  surro-
    54  gate  does not affect the validity of a surrogacy agreement, the consent
    55  of the spouse of the person acting as surrogate to the  agreement  shall

        S. 7506--B                         59                         A. 9506--B
 
     1  not  be required, and the spouse of the person acting as surrogate shall
     2  not be the presumed parent of any resulting children.
     3    (b)  The subsequent separation or divorce of the intended parents does
     4  not affect the rights,  duties  and  responsibilities  of  the  intended
     5  parents  as outlined in the surrogacy agreement.  After the execution of
     6  a  surrogacy  agreement  under  this  article,  the  subsequent  spousal
     7  relationship  of  the  intended parent does not affect the validity of a
     8  surrogacy agreement, and the consent  of  the  spouse  of  the  intended
     9  parent to the agreement shall not be required.
    10    § 581-405. Termination  of surrogacy agreement. After the execution of
    11  a surrogacy agreement but before the person acting as surrogate  becomes
    12  pregnant  by means of assisted reproduction, the person acting as surro-
    13  gate, the spouse of the person acting as surrogate,  if  applicable,  or
    14  any  intended  parent  may  terminate  the surrogacy agreement by giving
    15  notice of termination in a record to  all  other  parties.  Upon  proper
    16  termination of the surrogacy agreement the parties are released from all
    17  obligations  recited in the surrogacy agreement except that the intended
    18  parent or parents remains responsible for all expenses  that  are  reim-
    19  bursable  under  the  agreement  which  have been incurred by the person
    20  acting as surrogate through the date of termination.   If  the  intended
    21  parent  or  parents  terminate  the surrogacy agreement pursuant to this
    22  section after the person acting as surrogate has taken any medication or
    23  commenced treatment to further embryo transfer, such intended parent  or
    24  parents  shall  be  responsible for paying for or reimbursing the person
    25  acting as surrogate for all co-payments, deductibles, any other  out-of-
    26  pocket  medical  costs,  and  any  other economic losses incurred within
    27  twelve months of the termination of the agreement  and  associated  with
    28  taking such medication or undertaking such treatment.  Unless the agree-
    29  ment  provides  otherwise, the person acting as surrogate is entitled to
    30  keep all payments received and obtain all payments to which  the  person
    31  is  entitled up until the date of termination of the agreement.  Neither
    32  a person acting as surrogate nor the spouse  of  the  person  acting  as
    33  surrogate,  if  any,  is  liable  to  the intended parent or parents for
    34  terminating a surrogacy agreement as provided in this section.
    35    § 581-406. Parentage under compliant  surrogacy  agreement.  Upon  the
    36  birth  of  a  child conceived by assisted reproduction under a surrogacy
    37  agreement that complies with this part,  each  intended  parent  is,  by
    38  operation of law, a parent of the child and neither the person acting as
    39  a surrogate nor the person's spouse, if any, is a parent of the child.
    40    §  581-407. Insufficient surrogacy agreement. If a surrogacy agreement
    41  does not meet the material requirements of this article,  the  agreement
    42  is  not enforceable and the court shall determine parentage based on the
    43  intent of the parties, taking into account the  best  interests  of  the
    44  child.   An intended parent's absence of genetic connection to the child
    45  is not a sufficient basis to deny that individual a  judgment  of  legal
    46  parentage.
    47    § 581-408. Absence of surrogacy agreement. Where there is no surrogacy
    48  agreement,  the parentage of the child will be determined based on other
    49  laws of this state.
    50    § 581-409. Dispute as to surrogacy agreement.  (a) Any  dispute  which
    51  is  related to a surrogacy agreement other than disputes as to parentage
    52  shall be resolved by  the  supreme  court,  which  shall  determine  the
    53  respective  rights  and  obligations  of  the parties, in any proceeding
    54  initiated pursuant to this section, the court may,  at  its  discretion,
    55  authorize  the  use  of  conferencing  or  mediation at any point in the
    56  proceedings.

        S. 7506--B                         60                         A. 9506--B
 
     1    (b) Except as expressly  provided  in  the  surrogacy  agreement,  the
     2  intended  parent  or parents and the person acting as surrogate shall be
     3  entitled to all remedies available at  law  or  equity  in  any  dispute
     4  related to the surrogacy agreement.
     5    (c)  There  shall  be  no  specific performance remedy available for a
     6  breach.
 
     7                                   PART 5
     8             PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
     9  Section 581-501. Reimbursement.
    10          581-502. Compensation.
    11    § 581-501. Reimbursement.  A donor who has entered into a valid agree-
    12  ment to be a donor may receive reimbursement from an intended parent  or
    13  parents  for  economic  losses  incurred in connection with the donation
    14  which result from the retrieval or storage of gametes or embryos.
    15    § 581-502. Compensation.  (a) Compensation may be paid to a  donor  or
    16  person  acting as surrogate based on medical risks, physical discomfort,
    17  inconvenience  and  the  responsibilities  they   are   undertaking   in
    18  connection with their participation in the assisted reproduction.  Under
    19  no circumstances may compensation be paid to purchase gametes or embryos
    20  or for the release of a parental interest in a child.
    21    (b)  The  compensation,  if  any,  paid to a donor or person acting as
    22  surrogate must be reasonable and negotiated in good  faith  between  the
    23  parties,  and  said  payments  to a person acting as surrogate shall not
    24  exceed the duration of the pregnancy and recuperative period  of  up  to
    25  eight weeks after the birth of any resulting children.
    26    (c)  Compensation may not be conditioned upon the purported quality or
    27  genome-related traits of the gametes or embryos.
    28    (d) Compensation may not be conditioned on actual genotypic or  pheno-
    29  typic characteristics of the donor or of any resulting children.
    30    (e)  Compensation to an embryo donor shall be limited to storage fees,
    31  transportation costs and attorneys' fees.
 
    32                                   PART 6
    33                         SURROGATES' BILL OF RIGHTS
    34  Section 581-601. Applicability.
    35          581-602. Health and welfare decisions.
    36          581-603. Independent legal counsel.
    37          581-604. Health insurance and medical costs.
    38          581-605. Counseling.
    39          581-606. Life insurance.
    40          581-607. Termination of surrogacy agreement.
    41    § 581-601. Applicability. The rights enumerated  in  this  part  shall
    42  apply  to  any person acting as surrogate in this state, notwithstanding
    43  any surrogacy agreement, judgment of  parentage,  memorandum  of  under-
    44  standing,  verbal  agreement  or  contract  to the contrary.   Except as
    45  otherwise provided by law, any written or verbal agreement purporting to
    46  waive or limit any of the rights in this part is void as against  public
    47  policy.    The rights enumerated in this part are not exclusive, and are
    48  in addition to any other rights provided by law, regulation, or a surro-
    49  gacy agreement that meets the requirements of this article.
    50    § 581-602. Health and welfare decisions. A person acting as  surrogate
    51  has  the  right to make all health and welfare decisions regarding them-
    52  self and their pregnancy,  including  but  not  limited  to  whether  to
    53  consent  to  a  cesarean section or multiple embryo transfer, to utilize
    54  the services of a health care practitioner of their choosing, whether to

        S. 7506--B                         61                         A. 9506--B

     1  terminate or continue the pregnancy, and whether to reduce or retain the
     2  number of fetuses or embryos they are carrying.
     3    § 581-603. Independent legal counsel. A person acting as surrogate has
     4  the  right  to be represented throughout the contractual process and the
     5  duration of the surrogacy agreement and  its  execution  by  independent
     6  legal  counsel  of their own choosing who is licensed to practice law in
     7  the state of New York, to be paid for by the intended parent or parents.
     8    § 581-604. Health insurance and medical  costs.  A  person  acting  as
     9  surrogate  has the right to have a comprehensive health insurance policy
    10  that covers preconception care, prenatal care, major medical treatments,
    11  hospitalization and behavioral health  care  for  a  term  that  extends
    12  throughout  the duration of the expected pregnancy and for twelve months
    13  after the birth of the child, a stillbirth, a miscarriage  resulting  in
    14  termination  of  pregnancy,  or termination of the pregnancy, to be paid
    15  for by the intended parent or parents. The intended  parent  or  parents
    16  shall  also  pay for or reimburse the person acting as surrogate for all
    17  co-payments, deductibles and any other out-of-pocket medical costs asso-
    18  ciated with pregnancy, childbirth, or postnatal care that accrue through
    19  twelve months after the birth of the child, a stillbirth, a miscarriage,
    20  or the termination of the pregnancy. A person acting as a surrogate  who
    21  is  receiving  no  compensation may waive the right to have the intended
    22  parent or parents make such payments or reimbursements.
    23    § 581-605. Counseling. A person acting as surrogate has the  right  to
    24  obtain  a  comprehensive  health insurance policy that covers behavioral
    25  health care and will cover  the  cost  of  psychological  counseling  to
    26  address  issues  resulting  from  their participation in a surrogacy and
    27  such policy shall be paid for by the intended parent or parents.
    28    § 581-606. Life insurance. A person acting as surrogate has the  right
    29  to be provided a life insurance policy that takes effect prior to taking
    30  any  medication or commencement of treatment to further embryo transfer,
    31  provides a minimum benefit of seven hundred fifty thousand  dollars,  or
    32  the maximum amount the person acting as surrogate qualifying for it less
    33  than  seven  hundred fifty thousand dollars, and has a term that extends
    34  throughout the duration of the expected pregnancy and for twelve  months
    35  after  the  birth of the child, a stillbirth, a miscarriage resulting in
    36  termination of pregnancy, or termination of the pregnancy, with a  bene-
    37  ficiary  or  beneficiaries  of  their  choosing,  to  be paid for by the
    38  intended parent or parents.
    39    § 581-607. Termination of surrogacy  agreement.  A  person  acting  as
    40  surrogate  has  the  right  to  terminate a surrogacy agreement prior to
    41  becoming pregnant by means of assisted reproduction pursuant to  section
    42  581-405 of this article.
 
    43                                   PART 7
    44                          MISCELLANEOUS PROVISIONS
    45  Section 581-701. Remedial.
    46          581-702. Severability.
    47          581-703. Parent  under section seventy of the domestic relations
    48                     law.
    49          581-704. Interpretation.
    50    § 581-701. Remedial.   This legislation is hereby  declared  to  be  a
    51  remedial  statute and is to be construed liberally to secure the benefi-
    52  cial interests and purposes thereof for the best interests of the child.
    53    § 581-702. Severability.  The invalidation of any part of this  legis-
    54  lation  by  a  court  of  competent jurisdiction shall not result in the
    55  invalidation of any other part.

        S. 7506--B                         62                         A. 9506--B
 
     1    § 581-703. Parent under section seventy of the domestic relations law.
     2  The term "parent" in section seventy of the domestic relations law shall
     3  include a person established to be a parent under this  article  or  any
     4  other relevant law.
     5    § 581-704. Interpretation.  Unless  the  context  indicates otherwise,
     6  words importing the singular  include  and  apply  to  several  persons,
     7  parties, or things; words importing the plural include the singular.
     8    § 2. Section 73 of the domestic relations law is REPEALED.
     9    §  3.  Section  121 of the domestic relations law, as added by chapter
    10  308 of the laws of 1992, is amended to read as follows:
    11    § 121. Definitions. When used in this article, unless the  context  or
    12  subject matter manifestly requires a different interpretation:
    13    1.[ "Birth  mother"]  "Genetic  surrogate" shall mean a [woman] person
    14  who gives birth to a child who is the person's genetic child pursuant to
    15  a genetic surrogate parenting [contract] agreement.
    16    2. ["Genetic father" shall mean a man who provides sperm for the birth
    17  of a child born pursuant to a surrogate parenting contract.
    18    3. "Genetic mother" shall mean a woman who provides an  ovum  for  the
    19  birth of a child born pursuant to a surrogate parenting contract.
    20    4. "Surrogate parenting contract"] "Genetic surrogate parenting agree-
    21  ment" shall mean any agreement, oral or written, in which:
    22    (a)  a  [woman] genetic surrogate agrees either to be inseminated with
    23  the sperm of a [man] person who is not [her husband] their spouse or  to
    24  be  impregnated  with  an embryo that is the product of [an] the genetic
    25  surrogate's ovum fertilized with the sperm of a [man] person who is  not
    26  [her husband] their spouse; and
    27    (b)  the [woman] genetic surrogate agrees to, or intends to, surrender
    28  or consent to the adoption of the child born as a result of such insemi-
    29  nation or impregnation.
    30    § 4. Section 122 of the domestic relations law, as  added  by  chapter
    31  308 of the laws of 1992, is amended to read as follows:
    32    §   122.   Public  policy.  [Surrogate]  Genetic  surrogate  parenting
    33  [contracts] agreements are hereby declared contrary to the public policy
    34  of this state, and are void and unenforceable.
    35    § 5. Section 123 of the domestic relations law, as  added  by  chapter
    36  308 of the laws of 1992, is amended to read as follows:
    37    §  123. Prohibitions and penalties. 1. No person or other entity shall
    38  knowingly request, accept, receive, pay or give any fee, compensation or
    39  other remuneration, directly  or  indirectly,  in  connection  with  any
    40  genetic  surrogate parenting [contract] agreement, or induce, arrange or
    41  otherwise assist in arranging a genetic surrogate  parenting  [contract]
    42  agreement for a fee, compensation or other remuneration, except for:
    43    (a)  payments  in connection with the adoption of a child permitted by
    44  subdivision six of section three  hundred  seventy-four  of  the  social
    45  services  law and disclosed pursuant to subdivision eight of section one
    46  hundred fifteen of this chapter; or
    47    (b) payments for reasonable  and  actual  medical  fees  and  hospital
    48  expenses  for artificial insemination or in vitro fertilization services
    49  incurred by the [mother] genetic surrogate in connection with the  birth
    50  of the child.
    51    2.  (a) [A birth mother or her husband, a genetic father and his wife,
    52  and, if the genetic mother is not the birth mother, the  genetic  mother
    53  and her husband] Any party to a genetic surrogate parenting agreement or
    54  the  spouse  of  any part to a genetic surrogate parenting agreement who
    55  violate this section shall be subject to a civil penalty not  to  exceed
    56  five hundred dollars.

        S. 7506--B                         63                         A. 9506--B
 
     1    (b)  Any  other  person  or  entity  who or which induces, arranges or
     2  otherwise assists in the formation  of  a  genetic  surrogate  parenting
     3  contract  for  a  fee,  compensation  or other remuneration or otherwise
     4  violates this section shall be subject to a civil penalty not to  exceed
     5  ten  thousand  dollars  and  forfeiture  to  the  state of any such fee,
     6  compensation or remuneration in accordance with the provisions of subdi-
     7  vision (a) of section seven thousand two hundred one of the civil  prac-
     8  tice  law  and  rules, for the first such offense.  Any person or entity
     9  who or which induces, arranges or otherwise assists in the formation  of
    10  a  genetic surrogate parenting contract for a fee, compensation or other
    11  remuneration or otherwise violates this section, after having been  once
    12  subject  to  a civil penalty for violating this section, shall be guilty
    13  of a felony.
    14    § 6. Section 124 of the domestic relations law, as  added  by  chapter
    15  308 of the laws of 1992, is amended to read as follows:
    16    §  124.  Proceedings regarding parental rights, status or obligations.
    17  In any action or proceeding involving a [dispute between the birth moth-
    18  er and (i) the genetic father, (ii) the genetic mother, (iii)  both  the
    19  genetic  father and genetic mother, or (iv) the parent or parents of the
    20  genetic father or genetic mother, regarding parental rights,  status  or
    21  obligations with respect to a child born pursuant to a surrogate parent-
    22  ing  contract]  purported  genetic  surrogacy  parenting  agreement, the
    23  parentage of the child will be determined based on the laws of New  York
    24  state and:
    25    1.  the  court  shall not consider the [birth mother's] genetic surro-
    26  gate's participation in a genetic surrogate parenting [contract]  agree-
    27  ment  as adverse to [her] their parental rights, status, or obligations;
    28  and
    29    2. the court, having regard to the circumstances of the  case  and  of
    30  the  respective  parties  including the parties' relative ability to pay
    31  such fees and expenses, in  its  discretion  and  in  the  interests  of
    32  justice,  may  award  to either party reasonable and actual counsel fees
    33  and legal expenses incurred in connection with such action  or  proceed-
    34  ing.  Such  award  may  be  made  in  the order or judgment by which the
    35  particular action or proceeding   is finally determined, or  by  one  or
    36  more  orders from time to time before the final order or judgment, or by
    37  both such order or orders and the final  order  or  judgment;  provided,
    38  however,  that  in any dispute involving a [birth mother] genetic surro-
    39  gate who has executed a valid surrender  or  consent  to  the  adoption,
    40  nothing  in this section shall empower a court to make any award that it
    41  would not otherwise be empowered to direct.
    42    § 7. Section 4135 of the public health law, subdivision 1  as  amended
    43  by  chapter 201 of the laws of 1972, subdivision 2 as amended by chapter
    44  398 of the laws of 1997 and subdivision 3 as added by chapter 342 of the
    45  laws of 1980, is amended to read as follows:
    46    § 4135. Birth certificate; child born out of  wedlock.  1.  (a)  There
    47  shall  be  no  specific statement on the birth certificate as to whether
    48  the child is born in wedlock or out of wedlock or as to the marital name
    49  or status of the mother.
    50    (b) The phrase "child born out of wedlock" when used in this  article,
    51  refers to a child whose father is not its mother's husband.
    52    2.  The  name  of the [putative] alleged father of a child born out of
    53  wedlock shall not be entered on the certificate of birth prior to filing
    54  without (i) an  acknowledgment  of  [paternity]  parentage  pursuant  to
    55  section  one hundred eleven-k of the social services law or section four
    56  thousand one hundred thirty-five-b of this article executed by both  the

        S. 7506--B                         64                         A. 9506--B
 
     1  mother  and  [putative]  alleged  father,  and  filed with the record of
     2  birth; or (ii) notification having been received  by,  or  proper  proof
     3  having  been  filed with, the record of birth by the clerk of a court of
     4  competent jurisdiction or the parents, or their attorneys of a judgment,
     5  order or decree relating to parentage.
     6    3.  Orders  relating  to  parentage  shall be held confidential by the
     7  commissioner and shall not be released or otherwise divulged  except  by
     8  order of a court of competent jurisdiction.
     9    §  8.  Section 4135-b of the public health law, as added by chapter 59
    10  of the laws of 1993, subdivisions 1 and 2 as amended by chapter  402  of
    11  the  laws  of  2013,  and subdivision 3 as amended by chapter 170 of the
    12  laws of 1994, is amended to read as follows:
    13    § 4135-b. Voluntary acknowledgments of [paternity; child born  out  of
    14  wedlock]  parentage.  1.  (a)  Immediately  preceding  or  following the
    15  in-hospital birth of a child to an unmarried  [woman]  person  or  to  a
    16  person   who   gave   birth   to  a  child  conceived  through  assisted
    17  reproduction, the person in charge of such hospital or his or her desig-
    18  nated representative shall provide to the [child's mother  and  putative
    19  father]  unmarried  person  who  gave birth to the child and the alleged
    20  genetic parent, if such [father] alleged genetic parent is readily iden-
    21  tifiable and available, or to the person who gave birth  and  the  other
    22  intended  parent  of  a child conceived through assisted reproduction if
    23  such person is readily identifiable and  available,  the  documents  and
    24  written  instructions  necessary for such [mother] person or to a person
    25  who gave birth to a child conceived through  assisted  reproduction  and
    26  [putative  father]  alleged  persons  to  complete  an acknowledgment of
    27  [paternity] parentage witnessed by two persons not related to the signa-
    28  tory. Such acknowledgment, if  signed  by  both  parties,  at  any  time
    29  following the birth of a child, shall be filed with the registrar at the
    30  same  time at which the certificate of live birth is filed, if possible,
    31  or anytime thereafter. Nothing herein shall be  deemed  to  require  the
    32  person  in charge of such hospital or his or her designee to seek out or
    33  otherwise locate [a  putative  father]  an  alleged  genetic  parent  or
    34  intended  parent  of a child conceived through assisted reproduction who
    35  is not readily identifiable or available.
    36    (b) The following persons may sign an acknowledgment of  parentage  to
    37  establish the parentage of the child:
    38    (i) An unmarried person who gave birth to the child and another person
    39  who is a genetic parent.
    40    (ii)  A  married  or  unmarried person who gave birth to the child and
    41  another person who is an intended parent under section  581-303  of  the
    42  family court act of a child conceived through assisted reproduction.
    43    (c)  An acknowledgment of parentage shall be in a record signed by the
    44  person who gave birth to the child and  by  either  the  genetic  parent
    45  other  than  the person who gave birth to the child or a person who is a
    46  parent under section 581-303 of  the  family  court  act  of  the  child
    47  conceived through assisted reproduction.
    48    (d) An acknowledgment of parentage is void if, at the time of signing,
    49  any of the following are true:
    50    (i)  A  person  other than the signatories is a presumed parent of the
    51  child under section twenty-four of the domestic relations law;
    52    (ii) A court has entered a judgment of parentage of the child;
    53    (iii) Another person has signed a valid  acknowledgment  of  parentage
    54  with regard to the child;
    55    (iv)  The child has a parent under section 581-303 of the family court
    56  act other than the signatories;

        S. 7506--B                         65                         A. 9506--B
 
     1    (v) A signatory is a gamete donor under section 581-302 of the  family
     2  court act;
     3    (vi)  The  acknowledgment  is signed by a person who asserts that they
     4  are a parent under section 581-303 of the family court act  of  a  child
     5  conceived through assisted reproduction, but the child was not conceived
     6  through assisted reproduction.
     7    (e)  The  acknowledgment  shall  be executed on a form provided by the
     8  commissioner developed in consultation with  the  [appropriate]  commis-
     9  sioner  of the [department of family assistance] office of temporary and
    10  disability assistance, which shall:  (i)  include  the  social  security
    11  number  of the [mother and of the putative father and] signatories; (ii)
    12  provide in plain language [(i)] (A) a statement by the  [mother]  person
    13  who  gave birth to the child consenting to the acknowledgment of [pater-
    14  nity] parentage and a statement that the [putative father] other  signa-
    15  tory  is  the  only  possible  [father] other genetic parent or that the
    16  other signatory is an  intended  parent  and  the  child  was  conceived
    17  through  assisted  reproduction, [(ii)] (B) a statement by the [putative
    18  father], alleged genetic parent, if any, that he or she is the  [biolog-
    19  ical  father]  genetic  parent of the child, and [(iii)] (C) a statement
    20  that the signing of the acknowledgment of [paternity] parentage by  both
    21  parties shall have the same force and effect as an order of parentage or
    22  filiation  entered  after a court hearing by a court of competent juris-
    23  diction, including an obligation to provide support for the child except
    24  that, only if filed with the registrar of  the  district  in  which  the
    25  birth  certificate  has  been  filed,  will the acknowledgment have such
    26  force and effect with respect to inheritance rights; and  (iii)  include
    27  the name and address, if known, of any gamete donors.
    28    [(b)]  (f)  Prior to the execution of an acknowledgment of [paternity]
    29  parentage, the [mother] person who gave  birth  to  the  child  and  the
    30  [putative father] other signatory shall be provided orally, which may be
    31  through  the  use  of audio or video equipment, and in writing with such
    32  information as is required pursuant to  this  section  with  respect  to
    33  their  rights and the consequences of signing a voluntary acknowledgment
    34  of [paternity] parentage including, but not limited to:
    35    (i) that the signing of the acknowledgment  of  [paternity]  parentage
    36  shall  establish  the  [paternity] parentage of the child and shall have
    37  the same force and effect as an order of [paternity] parentage or filia-
    38  tion issued by a court of competent jurisdiction establishing  the  duty
    39  of both parties to provide support for the child;
    40    (ii) that if such an acknowledgment is not made, the [putative father]
    41  signatory  other than the person who gave birth to the child can be held
    42  liable for support only if the family court, after a hearing,  makes  an
    43  order declaring that the [putative father] person is the [father] parent
    44  of  the child whereupon the court may make an order of support which may
    45  be retroactive to the birth of the child;
    46    (iii) that if made a respondent in a proceeding to establish [paterni-
    47  ty] parentage the [putative father] signatory other than the person  who
    48  gave  birth  to  the  child  has a right to free legal representation if
    49  indigent;
    50    (iv) that [the putative father] an alleged genetic parent has a  right
    51  to a genetic marker test or to a DNA test when available;
    52    (v)  that  by  executing  the  acknowledgment,  the  [putative father]
    53  alleged genetic parent waives [his] their right to a hearing,  to  which
    54  [he]  they  would  otherwise  be  entitled,  on the issue of [paternity]
    55  parentage;

        S. 7506--B                         66                         A. 9506--B
 
     1    (vi) that a copy of the acknowledgment of [paternity] parentage  shall
     2  be  filed  with  the [putative father] registry [pursuant to] created by
     3  section three hundred seventy-two-c of the social services law, and that
     4  such filing may establish the child's  right  to  inheritance  from  the
     5  [putative father] alleged genetic parent or the other intended parent of
     6  a  child  conceived through assisted reproduction pursuant to clause (B)
     7  of subparagraph two of paragraph (a) of section 4-1.2  of  the  estates,
     8  powers and trusts law;
     9    (vii)  that, if such acknowledgment is filed with the registrar of the
    10  district in which the birth certificate has been filed, such acknowledg-
    11  ment will  establish  inheritance  rights  from  the  [putative  father]
    12  alleged genetic parent or the other intended parent of a child conceived
    13  through assisted reproduction pursuant to clause (A) of subparagraph two
    14  of paragraph (a) of section 4-1.2 of the estates, powers and trusts law;
    15    (viii)  that  no  further  judicial  or administrative proceedings are
    16  required to ratify an unchallenged acknowledgment of [paternity] parent-
    17  age provided, however, that:
    18    (A) A signatory to an acknowledgment of [paternity] parentage, who had
    19  attained the age of eighteen at the time of execution of the acknowledg-
    20  ment, shall have the right to  rescind  the  acknowledgment  within  the
    21  earlier of sixty days from the date of signing the acknowledgment or the
    22  date  of  an administrative or a judicial proceeding (including, but not
    23  limited to, a proceeding to establish a support order) relating  to  the
    24  child  in  which the signatory is a party, provided that the "date of an
    25  administrative or a judicial proceeding" shall be the date by which  the
    26  respondent is required to answer the petition;
    27    (B) A signatory to an acknowledgment of [paternity] parentage, who had
    28  not  attained  the  age  of  eighteen  at  the  time of execution of the
    29  acknowledgment, shall have  the  right  to  rescind  the  acknowledgment
    30  anytime  up  to  sixty  days  after the signatory's attaining the age of
    31  eighteen years or sixty days after the date on which the  respondent  is
    32  required to answer a petition (including, but not limited to, a petition
    33  to establish a support order) relating to the child, whichever is earli-
    34  er; provided, however, that the signatory must have been advised at such
    35  proceeding of his or her right to file a petition to vacate the acknowl-
    36  edgment within sixty days of the date of such proceeding;
    37    (ix) that after the expiration of the time limits set forth in clauses
    38  (A)  and (B) of subparagraph (viii) of this paragraph, any of the signa-
    39  tories may challenge the  acknowledgment  of  [paternity]  parentage  in
    40  court  only  on the basis of fraud, duress, or material mistake of fact,
    41  with the burden of proof on the party challenging the voluntary acknowl-
    42  edgment;
    43    (x) that the [putative father and mother] person who gave birth to the
    44  child and the other signatory may wish to consult with attorneys  before
    45  executing the acknowledgment; and that they have the right to seek legal
    46  representation  and  supportive  services including counseling regarding
    47  such acknowledgment;
    48    (xi) that the acknowledgment of [paternity] parentage may be the basis
    49  for the [putative father] signatory other than the person who gave birth
    50  to the child establishing custody and visitation rights to the child and
    51  for requiring the [putative father's] consent  of  the  signatory  other
    52  than  the  person  who  gave  birth  to  the  child prior to an adoption
    53  proceeding;
    54    (xii) that the [mother's] refusal of the person who gave birth to  the
    55  child  to sign the acknowledgment shall not be deemed a failure to coop-
    56  erate in establishing [paternity for] parentage of the child; and

        S. 7506--B                         67                         A. 9506--B
 
     1    (xiii) that the child may bear the last name of either parent, or  any
     2  combination thereof, which name shall not affect the legal status of the
     3  child.
     4  In  addition,  the governing body of such hospital shall [insure] ensure
     5  that appropriate staff shall provide to the [child's mother and putative
     6  father] person who gave birth to the  child  and  the  other  signatory,
     7  prior  to  the  [mother's] discharge from the hospital of the person who
     8  gave birth to the child, the opportunity to speak with hospital staff to
     9  obtain clarifying information  and  answers  to  their  questions  about
    10  [paternity]  parentage  establishment,  and shall also provide the tele-
    11  phone number of the local support collection unit.
    12    [(c)] (g) Within ten days after receiving the  certificate  of  birth,
    13  the registrar shall furnish without charge to each parent or guardian of
    14  the child or to the [mother] person who gave birth at the address desig-
    15  nated  by  her  for that purpose, a certified copy of the certificate of
    16  birth and, if applicable, a certified copy of the written acknowledgment
    17  of [paternity] parentage.  If the [mother] person who gave birth  is  in
    18  receipt of child support enforcement services pursuant to title six-A of
    19  article  three  of  the  social  services  law, the registrar also shall
    20  furnish without charge a certified copy of the certificate of birth and,
    21  if applicable, a certified copy of the written acknowledgment of [pater-
    22  nity] parentage to the social services district  of  the  county  within
    23  which the [mother] person who gave birth resides.
    24    2.  (a) When a child's [paternity] parentage is acknowledged voluntar-
    25  ily pursuant to section one hundred eleven-k of the social services law,
    26  the social services official shall file the executed acknowledgment with
    27  the registrar of the district in which the birth occurred and  in  which
    28  the birth certificate has been filed.
    29    (b)  Where  a  child's [paternity] parentage has not been acknowledged
    30  voluntarily pursuant to paragraph (a) of subdivision one of this section
    31  or paragraph (a) of this subdivision, the [child's mother and the  puta-
    32  tive  father] person who gave birth to the child and the other signatory
    33  may voluntarily acknowledge a child's [paternity] parentage pursuant  to
    34  this paragraph by signing the acknowledgment of [paternity] parentage.
    35    (c) A signatory to an acknowledgment of [paternity] parentage, who has
    36  attained the age of eighteen at the time of execution of the acknowledg-
    37  ment  shall  have  the  right  to  rescind the acknowledgment within the
    38  earlier of sixty days from the date of signing the acknowledgment or the
    39  date of an administrative or a judicial proceeding (including,  but  not
    40  limited  to,  a proceeding to establish a support order) relating to the
    41  child in which either signatory is a party; provided that  for  purposes
    42  of  this  section, the "date of an administrative or a judicial proceed-
    43  ing" shall be the date by which the respondent is required to answer the
    44  petition.
    45    (d) A signatory to an acknowledgment of [paternity] parentage, who has
    46  not attained the age of  eighteen  at  the  time  of  execution  of  the
    47  acknowledgment,  shall  have  the  right  to  rescind the acknowledgment
    48  anytime up to sixty days after the  signatory's  attaining  the  age  of
    49  eighteen  years  or sixty days after the date on which the respondent is
    50  required to answer a petition (including, but not limited to, a petition
    51  to establish a support order) relating to the child in which the  signa-
    52  tory  is  a  party,  whichever  is  earlier; provided, however, that the
    53  signatory must have been advised at such proceeding of his or her  right
    54  to file a petition to vacate the acknowledgment within sixty days of the
    55  date of such proceeding.

        S. 7506--B                         68                         A. 9506--B
 
     1    (e)  After  the  expiration of the time limits set forth in paragraphs
     2  (c) and (d) of this subdivision, any of the  signatories  may  challenge
     3  the  acknowledgment  of [paternity] parentage in court only on the basis
     4  of fraud, duress, or material mistake of fact, with the burden of  proof
     5  on  the  party challenging the voluntary acknowledgment. The acknowledg-
     6  ment shall have full force and effect once so signed. The original or  a
     7  copy  of  the  acknowledgment  shall  be filed with the registrar of the
     8  district in which the birth certificate has been filed.
     9    3. (a) An acknowledgment of [paternity]  parentage  executed  by  [the
    10  mother  and father of a child born out of wedlock] any two people eligi-
    11  ble to sign such an acknowledgment under paragraph  (b)  of  subdivision
    12  one of this section, married or unmarried, shall establish the [paterni-
    13  ty]  parentage of a child and shall have the same force and effect as an
    14  order of [paternity] parentage or filiation issued by a court of  compe-
    15  tent  jurisdiction.  Such acknowledgement shall thereafter be filed with
    16  the registrar pursuant to subdivision one or two of this section.
    17    (b) A registrar with whom an acknowledgment of  [paternity]  parentage
    18  has  been filed pursuant to subdivision one or two of this section shall
    19  file the acknowledgment with the state department  of  health  [and  the
    20  putative  father  registry],  the New York city department of health and
    21  mental hygiene and the registry operated by  the  department  of  social
    22  services  pursuant  to section three hundred seventy-two-c of the social
    23  services law. If the acknowledgment includes the name and address of any
    24  known gamete donors of a child conceived through assisted  reproduction,
    25  the state department of health or the New York city department of health
    26  and  mental  hygiene shall mail a copy to the known donors listed on the
    27  form with the social security numbers of the signatories redacted.
    28    4. The court shall give full faith and credit to an acknowledgment  of
    29  parentage  effective  in  another  state  if the acknowledgment was in a
    30  signed record and otherwise complies with the law of the other state.
    31    5. A new certificate of birth shall be issued if  the  certificate  of
    32  birth of [a] the child [born out of wedlock] as defined in paragraph (b)
    33  of  subdivision  one of section four thousand one hundred thirty-five of
    34  this article has been filed without entry of the name  of  the  [father]
    35  signatory  other  than  the  person who gave birth, and the commissioner
    36  thereafter receives a notarized acknowledgment of [paternity]  parentage
    37  accompanied  by  the written consent of the [putative father and mother]
    38  person who gave birth to the child and other signatory to the  entry  of
    39  the  name of such [father] person, which consent may also be to a change
    40  in the surname of the child.
    41    6. Any reference to an acknowledgment of paternity in any law of  this
    42  state shall be interpreted to mean an acknowledgment of parentage signed
    43  pursuant  to this section or signed in another state consistent with the
    44  law of that state.
    45    § 9.  Paragraph (e) of subdivision 1 of section  4138  of  the  public
    46  health law, as amended by chapter 214 of the laws of 1998, is amended to
    47  read as follows:
    48    (e) the certificate of birth of a child born out of wedlock as defined
    49  in paragraph (b) of subdivision one of section four thousand one hundred
    50  thirty-five  of this article has been filed without entry of the name of
    51  the [father] signatory other than the person  who  gave  birth  and  the
    52  commissioner  thereafter  receives  the  acknowledgment  of  [paternity]
    53  parentage pursuant  to  section  one  hundred  eleven-k  of  the  social
    54  services  law or section four thousand one hundred thirty-five-b of this
    55  article executed by the [putative father and  mother]  person  who  gave
    56  birth  and the other signatory which authorizes the entry of the name of

        S. 7506--B                         69                         A. 9506--B
 
     1  such [father] other signatory, and which may also authorize a conforming
     2  change in the surname of the child.
     3    §  10. The article heading of article 8 of the domestic relations law,
     4  as added by chapter 308 of the laws of  1992,  is  amended  to  read  as
     5  follows:
     6                    GENETIC SURROGATE PARENTING CONTRACTS
     7    §  11.  The general business law is amended by adding a new article 44
     8  to read as follows:
 
     9                                 ARTICLE 44
    10                REGULATION OF SURROGACY PROGRAMS AND ASSISTED
    11                       REPRODUCTION SERVICE PROVIDERS
    12  Section 1400. Definitions.
    13          1401. Surrogacy programs regulated under this article.
    14          1402. Assisted reproduction service  providers  regulated  under
    15                  this article.
    16          1403. Conflicts  of  interest; prohibition on payments; funds in
    17                  escrow; licensure; notice of surrogates' bill of rights.
    18          1404. Regulations.
    19    § 1400. Definitions. As used in this section:
    20    (a) The definitions in section 581-102 of the family court  act  shall
    21  apply.
    22    (b)  "Payment"  means any type of monetary compensation or other valu-
    23  able consideration including  but  not  limited  to  a  rebate,  refund,
    24  commission,  unearned  discount,  or  profit by means of credit or other
    25  valuable consideration.
    26    (c) "Surrogacy program" does not include  any  party  to  a  surrogacy
    27  agreement  or  any  person  licensed  to practice law and representing a
    28  party to the surrogacy agreement, but does include and is not limited to
    29  any agency, agent, business, or individual  engaged  in,  arranging,  or
    30  facilitating transactions contemplated by a surrogacy agreement, regard-
    31  less of whether such agreement ultimately comports with the requirements
    32  of article five-C of the family court act.
    33    § 1401. Surrogacy   programs   regulated   under   this  article.  The
    34  provisions of this article apply  to  surrogacy  programs  arranging  or
    35  facilitating  transactions  contemplated  by a surrogacy agreement under
    36  part four of article five-C of the family court act if:
    37    (a) The surrogacy program does business in New York state;
    38    (b) A person acting as surrogate who is party to a surrogacy agreement
    39  resides in New York state during the term of the surrogacy agreement; or
    40    (c) Any medical procedures under the surrogacy agreement are performed
    41  in New York state.
    42    § 1402. Assisted reproduction service providers regulated  under  this
    43  article.  The  provisions of this article apply to agents, gamete banks,
    44  fertility clinics, and other entities if:
    45    1. The agent, gamete bank, fertility  clinic,  or  other  entity  does
    46  business in this state; or
    47    2.  Any health care services performed, provided or otherwise arranged
    48  by the entity are performed in this state.
    49    § 1403. Conflicts of  interest;  prohibition  on  payments;  funds  in
    50  escrow;  licensure;  notice  of surrogates' bill of rights.  A surrogacy
    51  program to which this article applies:
    52    (a) Shall keep all funds paid by or on behalf of the  intended  parent
    53  or  parents  in  an escrow account separate from its operating accounts;
    54  and

        S. 7506--B                         70                         A. 9506--B
 
     1    (b) May not be owned or managed, in any part, directly or  indirectly,
     2  by any attorney representing a party to the surrogacy agreement; and
     3    (c) May not pay or receive payment, directly or indirectly, to or from
     4  any  person  licensed  to  practice  law and representing a party to the
     5  surrogacy agreement in connection with the referral  of  any  person  or
     6  party for the purpose of a surrogacy agreement; and
     7    (d) May not pay or receive payment, directly or indirectly, to or from
     8  any  health  care  provider  providing  any  health  services, including
     9  assisted reproduction, to a party to the surrogacy agreement; and
    10    (e) May not be owned or managed, in any part, directly or  indirectly,
    11  by  any  health  care  provider providing any health services, including
    12  assisted reproduction, to a party to the surrogacy agreement; and
    13    (f) Shall be licensed to operate in New York state pursuant  to  regu-
    14  lations promulgated by the department of health in consultation with the
    15  department  of financial services, once such regulations are promulgated
    16  and become effective; and
    17    (g) Shall ensure that all potential parties to a surrogacy  agreement,
    18  at  the  time  of consultation with such surrogacy program, are provided
    19  with written notice of the surrogates' bill of rights enumerated in part
    20  six of article five-C of the family court act.
    21    § 1404. Regulations. 1. The department of health, in consultation with
    22  the department of financial services, shall promulgate rules  and  regu-
    23  lations to implement the requirements of this article regarding surroga-
    24  cy programs and assisted reproduction service providers in a manner that
    25  ensures the safety and health of gamete providers and persons serving as
    26  surrogates. Such regulations shall:
    27    (a)  Require  surrogacy  programs to monitor compliance with surrogacy
    28  agreements eligibility and requirements in state law; and
    29    (b) Require the surrogacy programs and assisted  reproduction  service
    30  providers  to  administer  informed  consent procedures that comply with
    31  regulations promulgated by the department of health under section  twen-
    32  ty-five hundred ninety-nine-cc of the public health law.
    33    2.  The  department of health shall annually report to the legislature
    34  regarding the practices of surrogacy programs and assisted  reproduction
    35  service providers and all business transactions related to surrogacy and
    36  gamete  provision in New York state, with recommendations for any neces-
    37  sary amendments to this article.
    38    § 12. The public health law is amended by adding a new article 25-B to
    39  read as follows:
    40                                ARTICLE 25-B
    41                            GESTATIONAL SURROGACY
    42  Section 2599-cc. Gestational surrogacy.
    43    § 2599-cc. Gestational surrogacy. 1. The commissioner shall promulgate
    44  regulations on the practice of gestational surrogacy.  Such  regulations
    45  shall include, but not be limited to:
    46    (a)  guidelines  and  procedures  for obtaining fully informed consent
    47  from potential persons acting as surrogates, including but  not  limited
    48  to  a  full disclosure of any known or potential health risks and mental
    49  health impacts associated with acting as a surrogate;
    50    (b) the development and distribution,  in  printed  form  and  on  the
    51  department's  website, of informational material relating to gestational
    52  surrogacy;
    53    (c) the establishment of a  voluntary  central  tracking  registry  of
    54  persons acting as surrogates, as reported by surrogacy programs licensed
    55  by the department pursuant to article forty-four of the general business
    56  law  upon  the affirmative consent of a person acting as surrogate. Such

        S. 7506--B                         71                         A. 9506--B
 
     1  registry shall provide a means for gathering  and  maintaining  accurate
     2  information on the:
     3    (i) number of times a person has acted as a surrogate;
     4    (ii) health information of the person acting as surrogate; and
     5    (iii) other information deemed appropriate by the commissioner;
     6    (d) the development of guidelines, procedures or protocols, in consul-
     7  tation  with the American college of obstetricians and gynecologists and
     8  the American society for reproductive medicine, to assist physicians  in
     9  screening potential surrogates for their ability to serve as a surrogate
    10  as  required  under  subdivision  four  of section 581-402 of the family
    11  court act including taking into consideration the  potential  surrogates
    12  family  medical  history  and  complications  from prior pregnancies and
    13  known health conditions that may pose a risk to the potential  surrogate
    14  during pregnancy; and
    15    (e)  the development of guidance to reduce conflicts of interest among
    16  physicians providing health care services to the surrogate.
    17    2. All such regulations shall maintain the  anonymity  of  the  person
    18  acting  as  surrogate  and  any resulting offspring and govern access to
    19  information maintained by the registry.  Such registry shall comply with
    20  all state and federal laws and regulations related  to  maintaining  the
    21  privacy and confidentiality of records contained with the registry.
    22    §  13.  Subdivisions  4,  5,  6, 7 and 8 of section 4365 of the public
    23  health law are renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdi-
    24  vision 4 is added to read as follows:
    25    4. The commissioner, in  consultation  with  the  transplant  council,
    26  shall  promulgate  regulations  on the donation of ova. Such regulations
    27  shall include, but not be limited to:
    28    (a) guidelines and procedures for  obtaining  fully  informed  consent
    29  from potential donors, including but not limited to a full disclosure of
    30  any known or potential health risks of the ova donation process;
    31    (b)  the  development  and  distribution,  in  printed form and on the
    32  department's website, of informational material relating to the donation
    33  of ova;
    34    (c) the establishment of a voluntary central tracking registry of  ova
    35  donor  information, as reported by banks and storage facilities licensed
    36  pursuant to this article upon the affirmative consent of an  ova  donor.
    37  Such  registry shall provide a means for gathering and maintaining accu-
    38  rate information on the:
    39    (i) number of ova and the number of times ova have been donated from a
    40  single donor;
    41    (ii) health information of the donor at the time of the donation; and
    42    (iii) other information deemed appropriate by the commissioner.
    43    In addition, all such regulations shall maintain the anonymity of  the
    44  donor and any resulting offspring and govern access to information main-
    45  tained  by  the registry.  Such registry shall comply with all state and
    46  federal laws and regulations related  to  maintaining  the  privacy  and
    47  confidentiality of records contained within the registry; and
    48    (d)  the development of best practices and procedures, in consultation
    49  with the American college of obstetricians and  gynecologists,  American
    50  society  for  reproductive medicine and other medical organizations, for
    51  ova  donation,  ova  retrieval,  and  in  vitro  fertilization  for  the
    52  protection of the health and safety of the donor.
    53    §  14.  Paragraph  (a)  of  subdivision 1 of section 440 of the family
    54  court act, as amended by chapter 398 of the laws of 1997, is amended  to
    55  read as follows:

        S. 7506--B                         72                         A. 9506--B
 
     1    (a)    Any support order made by the court in any proceeding under the
     2  provisions of article five-B of this act, pursuant to a  reference  from
     3  the  supreme  court  under section two hundred fifty-one of the domestic
     4  relations law or under the provisions of article four, five or five-A of
     5  this  act  (i)  shall  direct that payments of child support or combined
     6  child and spousal support collected on behalf of persons in  receipt  of
     7  services pursuant to section one hundred eleven-g of the social services
     8  law,  or on behalf of persons in receipt of public assistance be made to
     9  the  support  collection  unit  designated  by  the  appropriate  social
    10  services  district,  which  shall receive and disburse funds so paid; or
    11  (ii) shall be enforced pursuant to subdivision (c) of section five thou-
    12  sand two hundred forty-two of the civil practice law and  rules  at  the
    13  same  time that the court issues an order of support; and (iii) shall in
    14  either case, except as provided for  herein,  be  effective  as  of  the
    15  earlier  of  the date of the filing of the petition therefor, or, if the
    16  children for whom support is sought are in receipt of public assistance,
    17  the date for which their eligibility for public  assistance  was  effec-
    18  tive.     Any  retroactive  amount  of  support  due  shall  be  support
    19  arrears/past due support and shall be paid in one sum or periodic  sums,
    20  as the court directs, and any amount of temporary support which has been
    21  paid to be taken into account in calculating any amount of such retroac-
    22  tive  support due.  In addition, such retroactive child support shall be
    23  enforceable in any manner provided by law including, but not limited to,
    24  an execution for support enforcement  pursuant  to  subdivision  (b)  of
    25  section fifty-two hundred forty-one of the civil practice law and rules.
    26  When  a child receiving support is a public assistance recipient, or the
    27  order of support is being enforced or is  to  be  enforced  pursuant  to
    28  section one hundred eleven-g of the social services law, the court shall
    29  establish the amount of retroactive child support and notify the parties
    30  that such amount shall be enforced by the support collection unit pursu-
    31  ant  to an execution for support enforcement as provided for in subdivi-
    32  sion (b) of section fifty-two hundred forty-one of  the  civil  practice
    33  law  and  rules, or in such periodic payments as would have been author-
    34  ized had such an execution been issued.  In such case, the  court  shall
    35  not direct the schedule of repayment of retroactive support.  Where such
    36  direction is for child support and [paternity] parentage has been estab-
    37  lished by a voluntary acknowledgment of [paternity] parentage as defined
    38  in section forty-one hundred thirty-five-b of the public health law, the
    39  court  shall  inquire of the parties whether the acknowledgment has been
    40  duly filed, and unless satisfied that it has been so filed shall require
    41  the clerk of the court to file such acknowledgment with the  appropriate
    42  registrar  within  five business days.   The court shall not direct that
    43  support payments be made to  the  support  collection  unit  unless  the
    44  child,  who is the subject of the order, is in receipt of public assist-
    45  ance or child support services pursuant to section one hundred  eleven-g
    46  of  the social services law.  Any such order shall be enforceable pursu-
    47  ant to section fifty-two hundred forty-one or fifty-two  hundred  forty-
    48  two of the civil practice law and rules, or in any other manner provided
    49  by  law.    Such  orders  or judgments for child support and maintenance
    50  shall also be enforceable pursuant to article  fifty-two  of  the  civil
    51  practice  law  and rules upon a debtor's default as such term is defined
    52  in paragraph seven of  subdivision  (a)  of  section  fifty-two  hundred
    53  forty-one  of  the civil practice law and rules.  The establishment of a
    54  default shall be subject to the procedures established for the  determi-
    55  nation  of  a mistake of fact for income executions pursuant to subdivi-
    56  sion (e) of section fifty-two hundred forty-one of  the  civil  practice

        S. 7506--B                         73                         A. 9506--B
 
     1  law  and  rules. For the purposes of enforcement of child support orders
     2  or combined spousal and child support orders pursuant  to  section  five
     3  thousand  two  hundred  forty-one of the civil practice law and rules, a
     4  "default"  shall  be  deemed to include amounts arising from retroactive
     5  support.  Where permitted under federal law and where the record of  the
     6  proceedings  contains  such information, such order shall include on its
     7  face the social security number and the name and address of the  employ-
     8  er,  if  any,  of  the person chargeable with support provided, however,
     9  that failure to comply with this requirement shall not  invalidate  such
    10  order.
    11    § 15. Section 516-a of the family court act, as amended by chapter 398
    12  of  the laws of 1997, subdivisions (b) and (c) as amended by chapter 402
    13  of the laws of 2013, and subdivision (d) as amended by  chapter  343  of
    14  the laws of 2009, is amended to read as follows:
    15    §  516-a. Acknowledgment of [paternity] parentage.  (a) An acknowledg-
    16  ment of [paternity] parentage executed pursuant to section  one  hundred
    17  eleven-k of the social services law or section four thousand one hundred
    18  thirty-five-b  of  the public health law shall establish the [paternity]
    19  parentage of and liability for the support of a child pursuant  to  this
    20  act.  Such  acknowledgment must be reduced to writing and filed pursuant
    21  to section four thousand one hundred thirty-five-b of the public  health
    22  law  with  the registrar of the district in which the birth occurred and
    23  in which the birth certificate has been filed. No  further  judicial  or
    24  administrative  proceedings  are  required  to  ratify  an  unchallenged
    25  acknowledgment of [paternity] parentage.
    26    (b) (i) Where a signatory to an acknowledgment of [paternity]  parent-
    27  age  executed  pursuant  to  section  one hundred eleven-k of the social
    28  services law or section four thousand one hundred thirty-five-b  of  the
    29  public  health  law  had  attained  the  age  of eighteen at the time of
    30  execution of the acknowledgment, the signatory may seek to  rescind  the
    31  acknowledgment  by  filing  a  petition  with  the  court  to vacate the
    32  acknowledgment within the earlier of sixty days of the date  of  signing
    33  the  acknowledgment  or  the  date  of  an  administrative or a judicial
    34  proceeding (including, but not limited to, a proceeding to  establish  a
    35  support  order) relating to the child in which the signatory is a party.
    36  For purposes of this section, the "date of an administrative or a  judi-
    37  cial  proceeding"  shall be the date by which the respondent is required
    38  to answer the petition.
    39    (ii) Where a signatory to an acknowledgment of  [paternity]  parentage
    40  executed pursuant to section one hundred eleven-k of the social services
    41  law  or  section  four  thousand one hundred thirty-five-b of the public
    42  health law had not attained the age of eighteen at the time of execution
    43  of the acknowledgment, the signatory may seek to rescind the acknowledg-
    44  ment by filing a petition with the court to  vacate  the  acknowledgment
    45  anytime  up  to  sixty  days  after the signatory's attaining the age of
    46  eighteen years or sixty days after the date on which the  respondent  is
    47  required to answer a petition (including, but not limited to, a petition
    48  to  establish a support order) relating to the child in which the signa-
    49  tory is a party, whichever  is  earlier;  provided,  however,  that  the
    50  signatory  must have been advised at such proceeding of his or her right
    51  to file a petition to vacate the acknowledgment within sixty days of the
    52  date of such proceeding.
    53    (iii) Where a petition to  vacate  an  acknowledgment  of  [paternity]
    54  parentage  has  been  filed  in accordance with paragraph (i) or (ii) of
    55  this subdivision, the court shall order  genetic  marker  tests  or  DNA
    56  tests  for  the  determination of the child's [paternity] parentage.  No

        S. 7506--B                         74                         A. 9506--B
 
     1  such test shall be ordered, however, where the acknowledgment was signed
     2  by the intended parent of a child  born  through  assisted  reproduction
     3  pursuant  to  subparagraph  (ii)  of paragraph (b) of subdivision one of
     4  section  four  thousand  one  hundred thirty-five-b of the public health
     5  law, or upon a written finding by the court that it is not in  the  best
     6  interests of the child on the basis of res judicata, equitable estoppel,
     7  or  the  presumption  of legitimacy of a child born to a married [woman]
     8  person. If the court determines, following the test, that the person who
     9  signed the acknowledgment is the [father] parent of the child, the court
    10  shall make a finding of [paternity] parentage  and  enter  an  order  of
    11  [filiation]  parentage.  If  the  court  determines  that the person who
    12  signed the acknowledgment is not the [father] parent of the  child,  the
    13  acknowledgment shall be vacated.
    14    (iv)  After  the expiration of the time limits set forth in paragraphs
    15  (i) and (ii) of this subdivision, any of the signatories to an  acknowl-
    16  edgment  of  [paternity]  parentage  may challenge the acknowledgment in
    17  court by alleging and proving fraud,  duress,  or  material  mistake  of
    18  fact.  If  the petitioner proves to the court that the acknowledgment of
    19  [paternity] parentage was signed under fraud, duress, or due to a  mate-
    20  rial mistake of fact, the court shall then order genetic marker tests or
    21  DNA  tests  for  the determination of the child's [paternity] parentage.
    22  No such test shall be ordered, however,  where  the  acknowledgment  was
    23  signed  by  the intended parent of a child born through assisted reprod-
    24  uction pursuant to subparagraph (ii) of paragraph (b) of subdivision one
    25  of section four thousand one hundred thirty-five-b of the public  health
    26  law,  or  upon a written finding by the court that it is not in the best
    27  interests of the child on the basis of res judicata, equitable estoppel,
    28  or the presumption of legitimacy of a child born to  a  married  [woman]
    29  person. If the court determines, following the test, that the person who
    30  signed the acknowledgment is the [father] parent of the child, the court
    31  shall  make  a  finding  of  [paternity] parentage and enter an order of
    32  [filiation] parentage. If the  court  determines  that  the  person  who
    33  signed  the  acknowledgment is not the [father] parent of the child, the
    34  acknowledgment shall be vacated.
    35    (v) If, at any time before or after a signatory has filed  a  petition
    36  to  vacate  an  acknowledgment of [paternity] parentage pursuant to this
    37  subdivision, the signatory dies or becomes mentally  ill  or  cannot  be
    38  found within the state, neither the proceeding nor the right to commence
    39  the  proceeding  shall abate but may be commenced or continued by any of
    40  the persons authorized by this article to commence a [paternity] parent-
    41  age proceeding.
    42    (c) An acknowledgment of parentage is void if, at the time of signing,
    43  any of the following are true:
    44    (i) a person other than the signatories is a presumed  parent  of  the
    45  child pursuant to section twenty-four of the domestic relations law;
    46    (ii) a court has entered a judgment of parentage of the child;
    47    (iii)  another  person  has signed a valid acknowledgment of parentage
    48  with regard to the child;
    49    (iv) the child has a parent pursuant to section 581-303 of the  family
    50  court act other than the signatories;
    51    (v)  a signatory is a gamete donor under section 581-302 of the family
    52  court act; or
    53    (vi) the acknowledgment is signed by a person who  asserts  that  they
    54  are  a  parent  under section 581-303 of the family court act of a child
    55  conceived through assisted reproduction, but the child was not conceived
    56  through assisted reproduction.

        S. 7506--B                         75                         A. 9506--B
 
     1    (d) Neither signatory's legal obligations,  including  the  obligation
     2  for  child  support  arising  from  the acknowledgment, may be suspended
     3  during the challenge to the acknowledgment except for good cause as  the
     4  court  may  find. If the court vacates the acknowledgment of [paternity]
     5  parentage,  the  court  shall immediately provide a copy of the order to
     6  the registrar of the district in which the child's birth certificate  is
     7  filed  and  also to the putative father registry operated by the depart-
     8  ment of social services pursuant to section three hundred  seventy-two-c
     9  of  the  social services law. In addition, if the [mother] parent of the
    10  child who is the subject of the acknowledgment is in  receipt  of  child
    11  support  services pursuant to title six-A of article three of the social
    12  services law, the court shall immediately provide a copy of the order to
    13  the child support enforcement unit of the social services district  that
    14  provides the [mother] parent with such services.
    15    [(d)]  (e)  A determination of [paternity] parentage made by any other
    16  state, whether established through an administrative or judicial process
    17  or through an acknowledgment of [paternity] parentage signed in  accord-
    18  ance  with  that  state's  laws,  must be accorded full faith and credit
    19  pursuant to section 466(a)(11) of title IV-D of the social security  act
    20  (42 U.S.C. § 666(a)(11)).
    21    (f) Any reference to an acknowledgment of paternity in any law of this
    22  state, or any similar instrument signed in another state consistent with
    23  the  law of that state shall be interpreted to mean an acknowledgment of
    24  parentage executed pursuant to  section  one  hundred  eleven-k  of  the
    25  social  services law, section four thousand one hundred thirty-five-b of
    26  the public health law, or signed in another state  consistent  with  the
    27  law of that state.
    28    §  16.  Paragraph  (b)  of subdivision 1 of section 1017 of the family
    29  court act, as added by chapter 567 of the laws of 2015,  is  amended  to
    30  read as follows:
    31    (b)  The  court  shall  also  direct  the local commissioner of social
    32  services to conduct an investigation to locate any  person  who  is  not
    33  recognized  to  be the child's legal parent and does not have the rights
    34  of a legal parent under the laws of the state of New York  but  who  (i)
    35  has  filed  with  a putative father registry an instrument acknowledging
    36  [paternity] parentage of the child, pursuant to  section  4-1.2  of  the
    37  estates,  powers  and  trusts  law,  or  (ii)  has a pending [paternity]
    38  parentage petition, or (iii) has been identified  as  a  parent  of  the
    39  child  by  the  child's  other  parent in a written sworn statement. The
    40  local commissioner of social services shall report the results  of  such
    41  investigation  to  the court and parties, including the attorney for the
    42  child.
    43    § 17. Section 4-1.2 of the estates, powers and trusts law, as  amended
    44  by  chapter  67  of  the  laws of 1981, the section heading, the opening
    45  paragraph of subparagraph 1 of paragraph (a), the opening  paragraph  of
    46  subparagraph  2  of  paragraph (a) and the opening paragraph of subpara-
    47  graph 3 of paragraph (a) as amended by chapter 595 of the laws of  1992,
    48  subparagraph 2 of paragraph (a) as amended by chapter 434 of the laws of
    49  1987,  clause (A) of subparagraph 2 of paragraph (a) as amended by chap-
    50  ter 170 of the laws of 1994, and clause (C) of subparagraph 2  of  para-
    51  graph  (a)  and  paragraph  (b)  as amended by chapter 64 of the laws of
    52  2010, is amended to read as follows:
    53  § 4-1.2 Inheritance by non-marital children
    54    (a) For the purposes of this article:
    55    (1) A non-marital child is the legitimate child of his mother so  that
    56  he and his issue inherit from his mother and from his maternal kindred.

        S. 7506--B                         76                         A. 9506--B
 
     1    (2)  A non-marital child is the legitimate child of his father or non-
     2  gestating intended parent so that he and his  issue  inherit  from  [his
     3  father and his paternal] such parent and such parent's kindred if:
     4    (A)  a court of competent jurisdiction has, during the lifetime of the
     5  father, made an order of filiation or  parentage  declaring  [paternity]
     6  parentage  or  the  [mother  and  father]  parentage  of the child [have
     7  executed] has been established through the execution of  an  acknowledg-
     8  ment  of  [paternity]  parentage  pursuant  to section four thousand one
     9  hundred thirty-five-b of the public health law,  which  has  been  filed
    10  with  the  registrar  of the district in which the birth certificate has
    11  been filed or;
    12    (B) the father of the child has  signed  an  instrument  acknowledging
    13  [paternity] parentage, provided that
    14    (i)  such instrument is acknowledged or executed or proved in the form
    15  required to entitle a deed to be recorded in the presence of one or more
    16  witnesses and acknowledged by such witness or witnesses, in either case,
    17  before a notary public or other officer  authorized  to  take  proof  of
    18  deeds and
    19    (ii) such instrument is filed within sixty days from the making there-
    20  of with the putative father registry established by the state department
    21  of  social  services  pursuant to section three hundred seventy-two-c of
    22  the social services law, as added by chapter six hundred  sixty-five  of
    23  the laws of nineteen hundred seventy-six and
    24    (iii)  the  department  of social services shall, within seven days of
    25  the filing of the instrument, send written notice by registered mail  to
    26  the  mother  and other legal guardian of such child, notifying them that
    27  an acknowledgment of [paternity] parentage  instrument  acknowledged  or
    28  executed by such [father] parent has been duly filed or;
    29    (C) [paternity] parentage has been established by clear and convincing
    30  evidence, which may include, but is not limited to: (i) evidence derived
    31  from  a  genetic  marker test, or (ii) evidence that the [father] parent
    32  openly and notoriously acknowledged the child as his or her own, however
    33  nothing  in  this  section  regarding  genetic  marker  tests  shall  be
    34  construed to expand or limit the current application of subdivision four
    35  of section forty-two hundred ten of the public health law.
    36    (3) The existence of an agreement obligating the father to support the
    37  non-marital  child  does  not qualify such child or his issue to inherit
    38  from the father in the absence of an order of filiation made or acknowl-
    39  edgement of [paternity] parentage as prescribed by subparagraph (2).
    40    (4) A motion for relief from an order of filiation may be made only by
    41  the father and a motion for relief from an acknowledgement of  [paterni-
    42  ty]  parentage  may  be  made  by [the father, mother] a parent or other
    43  legal guardian of such child,  or  the  child,  provided  however,  such
    44  motion must be made within one year from the entry of such order or from
    45  the date of written notice as provided for in subparagraph (2).
    46    (b)  If  a non-marital child dies, his or her surviving spouse, issue,
    47  mother, maternal kindred, father and paternal kindred  inherit  and  are
    48  entitled  to  letters of administration as if the decedent was a marital
    49  child, provided that the father and  paternal  kindred  may  inherit  or
    50  obtain such letters only if the [paternity] parentage of the non-marital
    51  child has been established pursuant to any of the provisions of subpara-
    52  graph (2) of paragraph (a).
    53    §  18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and
    54  subdivision 4 of section 111-c of the social services law, subdivision 1
    55  as added by chapter 685 of the laws of 1975, paragraph g of  subdivision
    56  2  as added by chapter 809 of the laws of 1985, subdivision 3 as amended

        S. 7506--B                         77                         A. 9506--B
 
     1  by chapter 398 of the laws of 1997, and subdivision 4 as added by  chap-
     2  ter 343 of the laws of 2009, are amended to read as follows:
     3    1.  Each  social  services district shall establish a single organiza-
     4  tional unit which shall be responsible for such district's activities in
     5  assisting the state in the location of absent parents, establishment  of
     6  [paternity]  parentage  and  enforcement  and  collection  of support in
     7  accordance with the regulations of the department.
     8    g. obtain from respondent, when appropriate and in accordance with the
     9  procedures established by section one hundred eleven-k of this  chapter,
    10  an  acknowledgement  of  [paternity]  parentage  or an agreement to make
    11  support payments, or both;
    12    3. Notwithstanding the foregoing, the social services  official  shall
    13  not be required to establish the [paternity] parentage of any child born
    14  out-of-wedlock, or to secure support for any child, with respect to whom
    15  such  official  has determined that such actions would be detrimental to
    16  the best interests of the  child,  in  accordance  with  procedures  and
    17  criteria  established  by  regulations of the department consistent with
    18  federal law.
    19    4. a. A social services  district  represents  the  interests  of  the
    20  district  in  performing  its  functions  and duties as provided in this
    21  title and not the interests of any party. The interests  of  a  district
    22  shall  include, but are not limited to, establishing [paternity] parent-
    23  age, and establishing, modifying and enforcing child support orders.
    24    b. Notwithstanding any other provision of law, the provision of  child
    25  support  services  pursuant to this title does not constitute nor create
    26  an  attorney-client  relationship  between  the   individual   receiving
    27  services  and any attorney representing or appearing for the district. A
    28  social services district shall provide notice to any individual request-
    29  ing or receiving services that the attorney  representing  or  appearing
    30  for the district does not represent the individual and that the individ-
    31  ual has a right to retain his or her own legal counsel.
    32    c.  A  social  services district may appear in any action to establish
    33  [paternity] parentage, or to establish, modify, or enforce an  order  of
    34  support when an individual is receiving services under this title.
    35    §  19. Section 111-k of the social services law, as amended by chapter
    36  398 of the laws of 1997, paragraphs (a) and  (b)  of  subdivision  1  as
    37  amended  by  chapter  214  of  the  laws  of 1998, is amended to read as
    38  follows:
    39    § 111-k.    Procedures  relating  to  acknowledgments  of  [paternity]
    40  parentage,  agreements  to  support,  and genetic tests.   1.   A social
    41  services official or his or her designated  representative  who  confers
    42  with  a  potential  respondent or respondent, hereinafter referred to in
    43  this section as the "respondent", the mother of  a  child  born  out  of
    44  wedlock  and  any  other  interested  persons,  pursuant  to section one
    45  hundred eleven-c of this title, may obtain:
    46    (a) an acknowledgment of [paternity] parentage of a child, as provided
    47  for in article five-B or section five hundred sixteen-a  of  the  family
    48  court  act,  by a written statement, witnessed by two people not related
    49  to the signator or as provided for in section four thousand one  hundred
    50  thirty-five-b  of  the public health law. Prior to the execution of such
    51  acknowledgment by the child's mother and the respondent, they  shall  be
    52  advised,  orally,  which may be through the use of audio or video equip-
    53  ment, and in writing, of the consequences of making such an  acknowledg-
    54  ment.  Upon  the  signing  of an acknowledgment of [paternity] parentage
    55  pursuant to this section, the social services official  or  his  or  her

        S. 7506--B                         78                         A. 9506--B
 
     1  representative  shall  file the original acknowledgment with the regist-
     2  rar.
     3    (b)  an agreement to make support payments as provided in section four
     4  hundred twenty-five of the family court act. Prior to the  execution  of
     5  such  agreement,  the  respondent shall be advised, orally, which may be
     6  through the use of audio or video equipment,  and  in  writing,  of  the
     7  consequences  of  such agreement, that the respondent can be held liable
     8  for support only if the family court, after a hearing, makes an order of
     9  support; that respondent has a right to consult  with  an  attorney  and
    10  that  the  agreement  will be submitted to the family court for approval
    11  pursuant to section four hundred twenty-five of the  family  court  act;
    12  and  that by executing the agreement, the respondent waives any right to
    13  a hearing regarding any matter contained in such agreement.
    14    2. (a) When the paternity of a child is contested, a  social  services
    15  official  or  designated representative may order the mother, the child,
    16  and the alleged father to submit to one or more genetic  marker  or  DNA
    17  tests  of  a type generally acknowledged as reliable by an accreditation
    18  body designated by the secretary of the federal department of health and
    19  human services and performed by a laboratory approved by such an accred-
    20  itation body and by the commissioner of health or by  a  duly  qualified
    21  physician  to  aid  in  the  determination of whether or not the alleged
    22  father is the father of the child.   The order may be  issued  prior  or
    23  subsequent  to  the  filing  of  a  petition with the court to establish
    24  paternity, shall be served on the parties by certified mail,  and  shall
    25  include a sworn statement which either (i) alleges [paternity] parentage
    26  and sets forth facts establishing a reasonable possibility of the requi-
    27  site  sexual  contact  between  the  parties, or (ii) denies [paternity]
    28  parentage and sets forth facts  establishing  a  reasonable  possibility
    29  that  the party is not the father.  The parties shall not be required to
    30  submit to the administration and analysis of such tests if they  sign  a
    31  voluntary  acknowledgment  of  [paternity]  parentage in accordance with
    32  paragraph (a) of subdivision one of this section, or if there has been a
    33  written finding by the court that it is not in the best interests of the
    34  child on the basis of res judicata, equitable estoppel,  the  child  was
    35  conceived through assisted reproduction or the presumption of legitimacy
    36  of a child born to a married [woman] person.
    37    (b)  The record or report of the results of any such genetic marker or
    38  DNA test may be submitted to the family court as  evidence  pursuant  to
    39  subdivision  (e)  of rule forty-five hundred eighteen of the civil prac-
    40  tice law and rules where no timely objection in writing  has  been  made
    41  thereto.
    42    (c)  The  cost  of  any test ordered pursuant to this section shall be
    43  paid by the social services district provided however, that the  alleged
    44  father  shall  reimburse  the district for the cost of such test at such
    45  time as the alleged father's [paternity] parentage is established  by  a
    46  voluntary  acknowledgment of [paternity] parentage or an order of filia-
    47  tion. If either party contests the results  of  genetic  marker  or  DNA
    48  tests,  an  additional  test  may be ordered upon written request to the
    49  social services district and advance payment by the requesting party.
    50    (d) The parties shall be required to submit to such tests  and  appear
    51  at  any conference scheduled by the social services official or designee
    52  to discuss the notice of the allegation of paternity or to  discuss  the
    53  results  of such tests.  If the alleged [father] genetic parent fails to
    54  appear at any such conference or fails to submit to such genetic  marker
    55  or  DNA  tests,  the social services official or designee shall petition
    56  the court to establish [paternity] parentage, provide the court  with  a

        S. 7506--B                         79                         A. 9506--B
 
     1  copy  of  the  records  or reports of such tests if any, and request the
     2  court to issue an order for temporary support pursuant to  section  five
     3  hundred forty-two of the family court act.
     4    3.  Any reference to an acknowledgment of paternity in any law of this
     5  state or any similar instrument signed in another state consistent  with
     6  the  law of that state shall be interpreted to mean an acknowledgment of
     7  parentage executed pursuant to this section, section four  thousand  one
     8  hundred  thirty-five-b  of  the  public  health law or signed in another
     9  state consistent with the law of that state.
    10    § 20. Subdivisions 1 and 2 of section 372-c  of  the  social  services
    11  law,  as amended by chapter 139 of the laws of 1979, are amended to read
    12  as follows:
    13    1.  The department shall establish a putative  father  registry  which
    14  shall  record the names and addresses of:  (a) any person adjudicated by
    15  a court of this state to be the [father] parent of a child born [out-of-
    16  wedlock] out of wedlock; (b) any person who has filed with the  registry
    17  before  or after the birth of a child [out-of-wedlock] out of wedlock, a
    18  notice of intent to claim [paternity] parentage of the child; (c)    any
    19  person  adjudicated  by  a  court  of  another state or territory of the
    20  United States to be the father of an  [out-of-wedlock]  out  of  wedlock
    21  child, where a certified copy of the court order has been filed with the
    22  registry  by  such  person  or  any other person; (d) any person who has
    23  filed with the registry an instrument acknowledging  paternity  pursuant
    24  to section 4-1.2 of the estates, powers and trusts law.
    25    2.   A person filing a notice of intent to claim [paternity] parentage
    26  of a child or an acknowledgement of paternity shall include therein  his
    27  current  address  and shall notify the registry of any change of address
    28  pursuant to procedures prescribed by regulations of the department.
    29    § 21. Subdivision (a) of section 439  of  the  family  court  act,  as
    30  amended  by  section 1 of chapter 468 of the laws of 2012, is amended to
    31  read as follows:
    32    (a) The chief administrator of the courts shall provide, in accordance
    33  with subdivision (f) of this section, for the appointment  of  a  suffi-
    34  cient  number  of  support  magistrates  to  hear  and determine support
    35  proceedings. Except as hereinafter provided, support  magistrates  shall
    36  be  empowered  to hear, determine and grant any relief within the powers
    37  of the court in  any  proceeding  under  this  article,  articles  five,
    38  five-A, [and] five-B and five-C and sections two hundred thirty-four and
    39  two  hundred  thirty-five of this act, and objections raised pursuant to
    40  section five thousand two hundred forty-one of the  civil  practice  law
    41  and rules. Support magistrates shall not be empowered to hear, determine
    42  and  grant  any  relief with respect to issues specified in section four
    43  hundred fifty-five of this  article,  issues  of  contested  [paternity]
    44  parentage  involving  claims  of equitable estoppel, custody, visitation
    45  including visitation as a  defense,  determinations  of  parentage  made
    46  pursuant  to  section  581-407  of this act, and orders of protection or
    47  exclusive possession of the home, which shall be referred to a judge  as
    48  provided  in  subdivision  (b) or (c) of this section. Where an order of
    49  filiation is issued by a judge  in  a  paternity  proceeding  and  child
    50  support is in issue, the judge, or support magistrate upon referral from
    51  the  judge, shall be authorized to immediately make a temporary or final
    52  order of support, as applicable. A support  magistrate  shall  have  the
    53  authority  to  hear and decide motions and issue summonses and subpoenas
    54  to produce persons pursuant to section one hundred fifty-three  of  this
    55  act,  hear  and  decide  proceedings  and  issue any order authorized by
    56  subdivision (g) of section five thousand two hundred  forty-one  of  the

        S. 7506--B                         80                         A. 9506--B
 
     1  civil  practice  law  and  rules,  issue  subpoenas to produce prisoners
     2  pursuant to section two thousand three hundred two of the civil practice
     3  law and rules and make  a  determination  that  any  person  before  the
     4  support  magistrate  is in violation of an order of the court as author-
     5  ized by section one hundred fifty-six of this act subject  to  confirma-
     6  tion  by  a  judge of the court who shall impose any punishment for such
     7  violation as provided by law. A determination by  a  support  magistrate
     8  that  a  person  is  in  willful violation of an order under subdivision
     9  three of section four hundred fifty-four of this article and that recom-
    10  mends commitment shall be transmitted to  the  parties,  accompanied  by
    11  findings  of  fact, but the determination shall have no force and effect
    12  until confirmed by a judge of the court.
    13    § 22. Subparagraph (D) of paragraph 17 of subsection  (a)  of  section
    14  1113  of  the  insurance  law,  as amended by chapter 551 of the laws of
    15  1997, is amended to read as follows:
    16    (D) (i)(I) Indemnifying an adoptive parent for verifiable expenses not
    17  prohibited under the law paid to or on behalf of the birth  mother  when
    18  either  one  or both of the birth parents of the child withdraw or with-
    19  hold their consent to adoption. Such expenses may include maternity-con-
    20  nected medical or hospital  expenses  of  the  birth  mother,  necessary
    21  living  expenses  of  the birth mother preceding and during confinement,
    22  travel expenses of the birth mother to arrange for the adoption  of  the
    23  child,  legal  fees  of the birth mother, and any other expenses [which]
    24  that an adoptive parent may lawfully pay to or on behalf  of  the  birth
    25  mother[.];  or  (II)  Indemnifying an intended parent for financial loss
    26  incurred as a result of the failure by the person acting as surrogate to
    27  perform under the surrogacy contract due to death, bodily injury,  sick-
    28  ness, disappearance of the person acting as surrogate, late miscarriage,
    29  or  stillbirth.  Such  financial loss shall include medical and hospital
    30  expenses, insurance co-payments, deductibles, and coinsurance, necessary
    31  living expenses of the person acting as surrogate during the term of the
    32  surrogacy contract, travel expenses to arrange for the surrogacy,  legal
    33  fees  of  the person acting as surrogate, and any other expenses that an
    34  intended parent may lawfully pay to or on behalf of the person acting as
    35  surrogate; and (ii) For the  purposes  of  this  [section]  subparagraph
    36  "adoptive parent" means the parent or his or her spouse seeking to adopt
    37  a child, "birth mother" means the biological mother of the child, "birth
    38  parent"  means  the biological mother or biological father of the child,
    39  and the terms "donor", "intended parent", person acting  as  surrogate",
    40  and  "surrogacy  agreement"  shall have the meaning set forth in section
    41  581-102 of the family court act; or
    42    § 23. Paragraph 32 of subsection (a) of section 1113 of the  insurance
    43  law,  as  renumbered  by  chapter 626 of the laws of 2006, is renumbered
    44  paragraph 33 and a new paragraph 32 is added to read as follows:
    45    (32) "Donor medical expense insurance" means insurance indemnifying an
    46  intended parent for medical  or  hospital  expenses  that  the  intended
    47  parent  is  contractually  obligated to pay under a donor agreement when
    48  the expenses result from medical complications that occur as a result of
    49  the donation of gametes. For the purpose  of  this  paragraph,  "donor",
    50  "gametes"  and  "intended  parent"  shall  have the meaning set forth in
    51  section 581-102 of the family court act.
    52    § 24. Subsection (a) of section 2105 of the insurance law, as  amended
    53  by  section 9 of part I of chapter 61 of the laws of 2011, is amended to
    54  read as follows:
    55    (a) The superintendent may issue an excess line  broker's  license  to
    56  any person, firm, association or corporation who or which is licensed as

        S. 7506--B                         81                         A. 9506--B
 
     1  an  insurance broker under section two thousand one hundred four of this
     2  article, or who or which is licensed as an excess  line  broker  in  the
     3  licensee's  home  state,  provided,  however,  that the applicant's home
     4  state  grants  non-resident  licenses  to residents of this state on the
     5  same basis, except that reciprocity is not required  in  regard  to  the
     6  placement  of liability insurance on behalf of a purchasing group or any
     7  of its members; authorizing such person,  firm,  association  or  corpo-
     8  ration to procure, subject to the restrictions herein provided, policies
     9  of insurance from insurers which are not authorized to transact business
    10  in  this state of the kind or kinds of insurance specified in paragraphs
    11  four through fourteen, sixteen, seventeen, nineteen, twenty, twenty-two,
    12  twenty-seven,  twenty-eight  [and],  thirty-one,   and   thirty-two   of
    13  subsection  (a)  of  section  one  thousand one hundred thirteen of this
    14  chapter and in subsection (h) of this section, provided,  however,  that
    15  the  provisions  of  this  section  and section two thousand one hundred
    16  eighteen of this article shall not apply to ocean marine  insurance  and
    17  other  contracts  of  insurance enumerated in subsections (b) and (c) of
    18  section two thousand one hundred seventeen of this article. Such license
    19  may be suspended or revoked by the superintendent whenever in his or her
    20  judgment such suspension or revocation will best promote  the  interests
    21  of the people of this state.
    22    §  25. Subsection (b) of section 4101 of the insurance law, as amended
    23  by chapter 626 of the laws of 2006, is amended to read as follows:
    24    (b) "Non-basic kinds  of  insurance"  means  the  kinds  of  insurance
    25  described  in  the following paragraphs of subsection (a) of section one
    26  thousand one hundred thirteen of this chapter numbered  therein  as  set
    27  forth in parentheses below:
    28    accident and health (item (i) of (3));
    29    non-cancellable disability (item (ii) of (3));
    30    miscellaneous property (5);
    31    water damage (6);
    32    collision (12);
    33    property  damage  liability  (14)  -  non-basic as to mutual companies
    34  only;
    35    motor vehicle and aircraft physical damage (19);
    36    inland marine as specified in marine and inland marine (20);
    37    marine protection and indemnity (21) - non-basic as to stock companies
    38  only;
    39    residual value (22);
    40    credit unemployment (24);
    41    gap (26);
    42    prize indemnification (27);
    43    service contract reimbursement (28);
    44    legal services insurance (29);
    45    involuntary unemployment insurance (30);
    46    salary protection insurance (31);
    47    donor medical expense insurance (32).
    48    § 26. Group A of table one as contained in paragraph 1  of  subsection
    49  (a)  of  section 4103 of the insurance law, as amended by chapter 626 of
    50  the laws of 2006, is amended to read as follows:
    51                                  Group A:
 
    52  7                                              $300,000       $150,000
    53  8, 9, 10, 11, or 14 - for each such kind       $100,000       $ 50,000
    54  13 or 15 - for each such kind                  $500,000       $250,000
    55  16                                             $900,000       $450,000

        S. 7506--B                         82                         A. 9506--B
 
     1  17                                             $400,000       $200,000
     2  Basic additional amount
     3  required  for  any  one
     4  or  more  of  the above
     5  kinds of insurance                             $100,000       $ 50,000
     6  3(i), 3(ii), 6{1} or 12{2} - for each
     7  such kind                                      $100,000       $ 50,000
     8  22                                             $2,000,000     $1,000,000
     9  24                                             $400,000       $200,000
    10  26(B)                                          $200,000       $100,000
    11  26(A), 26(C) or 26(D) -
    12  for each such kind                             $600,000       $300,000
    13  27                                             $300,000       $150,000
    14  28                                             $2,000,000     $1,000,000
    15  30                                             $400,000       $200,000
    16  31                                             $100,000       $ 50,000
    17  32                                             $100,000       $ 50,000
    18    § 27. Group C of table three as contained in subsection (b) of section
    19  4107  of  the  insurance  law,  as amended by chapter 626 of the laws of
    20  2006, is amended to read as follows:
    21                                   Group C:
 
    22  3(i) or 3(ii) - for each such kind            $  100,000   $  100,000
    23  22                                            $3,000,000   $2,000,000
    24  24                                            $  300,000   $  300,000
    25  26 (B)                                        $  300,000   $  200,000
    26  26(A), 26(C) or 26(D) -
    27  for each such kind                            $  900,000   $  600,000
    28  28                                            $3,000,000   $2,000,000
    29  6{5}, 12{6}  or 14{2}  - for
    30  each such kind                                $   50,000   $   50,000
    31  27                                            $  300,000   $  150,000
    32  30                                            $  300,000   $  300,000
    33  31                                            $  100,000   $  100,000
    34  32                                            $  100,000   $  100,000
    35    § 28. Section 4-1.3 of the estates, powers and trust law, as added  by
    36  chapter 439 of the laws of 2014, is amended to read as follows:
    37  § 4-1.3 Inheritance by children conceived after the death of [a genetic]
    38            an intended parent
    39    (a)  When  used  in this article, unless the context or subject matter
    40  manifestly requires a different interpretation:
    41    (1) ["Genetic parent" shall mean a man who provides sperm or  a  woman
    42  who  provides ova used to conceive a child after the death of the man or
    43  woman.
    44    (2)] "Genetic material" shall mean sperm or ova provided by a  genetic
    45  parent.
    46    [(3)  "Genetic  child" shall mean a child of the sperm or ova provided
    47  by a genetic parent, but only if and when such child is born.]
    48    (2) "Child" shall mean a  child  conceived  through  assisted  reprod-
    49  uction.
    50    (3)  "Intended  parent"  shall  have  the  same  meaning as defined in
    51  section 581-102 of the family court act.
    52    (b) For purposes of this article, a genetic child is the child of  his
    53  or  her  [genetic] intended parent or parents and, notwithstanding para-
    54  graph (c) of section 4-1.1 of this part, is a distributee of his or  her
    55  [genetic]  intended  parent or parents and, notwithstanding subparagraph

        S. 7506--B                         83                         A. 9506--B
 
     1  (2) of paragraph (a) of section 2-1.3 of this chapter,  is  included  in
     2  any  disposition  of  property to persons described in any instrument of
     3  which [a genetic] an intended parent of the genetic child was the  crea-
     4  tor  as  the  issue, children, descendants, heirs, heirs at law, next of
     5  kin, distributees (or by any term of like import) of the creator  if  it
     6  is established that:
     7    (1)  the  [genetic]  intended  parent in a written instrument executed
     8  pursuant to the provisions of this section not  more  than  seven  years
     9  before the death of the [genetic] intended parent[:
    10    (A)] expressly consented [to the use of his or her genetic material to
    11  posthumously conceive his or her genetic child, and
    12    (B)]  that  if  assisted reproduction were to occur after the death of
    13  the intended parent, the deceased individual would be a  parent  of  the
    14  child; and
    15    (2)  the child was in utero no later than twenty-four months after the
    16  intended parent's death or born no later than thirty-three months  after
    17  the intended parent's death.
    18    (c)  If  the  child  was  conceived  using the genetic material of the
    19  intended parent, it must further be established that:
    20    (1) the intended parent in a written instrument executed  pursuant  to
    21  the  provisions  of  this  section  not more than seven years before the
    22  death of the intended parent authorized a person to make decisions about
    23  the use of the [genetic] intended parent's genetic  material  after  the
    24  death of the [genetic] intended parent;
    25    (2)  the person authorized in the written instrument to make decisions
    26  about the use of the [genetic] intended parent's genetic  material  gave
    27  written  notice,  by  certified  mail,  return  receipt requested, or by
    28  personal delivery, that the [genetic] intended parent's genetic material
    29  was available for the purpose of conceiving a  [genetic]  child  of  the
    30  [genetic] intended parent, and such written notice was given;
    31    (A)  within  seven  months  from  the  date of the issuance of letters
    32  testamentary or  of  administration  on  the  estate  of  the  [genetic]
    33  intended  parent, as the case may be, to the person to whom such letters
    34  have issued, or, if no letters have been issued within  four  months  of
    35  the death of the [genetic] intended parent, and
    36    (B)  within seven months of the death of the [genetic] intended parent
    37  to a distributee of the [genetic] intended parent; and
    38    (3) the person authorized in the written instrument to make  decisions
    39  about  the  use  of  the  [genetic]  intended  parent's genetic material
    40  recorded the written instrument within seven  months  of  the  [genetic]
    41  intended  parent's death in the office of the surrogate granting letters
    42  on the [genetic] intended parent's estate, or, if no such  letters  have
    43  been  granted,  in  the  office  of the surrogate having jurisdiction to
    44  grant them[; and
    45    (4) the genetic child was in utero no later  than  twenty-four  months
    46  after  the  genetic  parent's  death  or born no later than thirty-three
    47  months after the genetic parent's death].
    48    [(c)] (d) The written instrument referred to in  subparagraph  (1)  of
    49  paragraph  (b)  of this section and subparagraph (1) of paragraph (c) of
    50  this section:
    51    (1) must be signed by the [genetic] intended parent in the presence of
    52  two witnesses who also sign the instrument referred to  in  subparagraph
    53  (1) of paragraph (c) of this section, both of whom are at least eighteen
    54  years  of  age  and  neither  of  whom  is a person authorized under the
    55  instrument to make decisions about the use  of  the  [genetic]  intended
    56  parent's genetic material;

        S. 7506--B                         84                         A. 9506--B
 
     1    (2)  may be revoked only by a written instrument signed by the [genet-
     2  ic] intended parent and executed in the same manner as the instrument it
     3  revokes;
     4    (3)  may  not  be altered or revoked by a provision in the will of the
     5  [genetic] intended parent;
     6    (4) an instrument referred to in subparagraph (1) of paragraph (c)  of
     7  this  section may authorize an alternate to make decisions about the use
     8  of the [genetic] intended parent's genetic material if the first  person
     9  so  designated dies before the [genetic] intended parent or is unable to
    10  exercise the authority granted; [and]
    11    (5) an instrument referred to in subparagraph (1) of paragraph (b)  of
    12  this  section  may  be  substantially  in the following form and must be
    13  signed and dated by the intended parent and properly witnessed:
 
    14  I, ____________________________________________________________________,
    15                           (Your name and address)
 
    16  consent to the use of assisted reproduction to conceive a child or chil-
    17  dren of mine after my death. I understand that,  unless  I  revoke  this
    18  consent  and  authorization  in  a  written document signed by me in the
    19  presence of two witnesses who also sign the document, this  consent  and
    20  authorization  will  remain  in effect for seven years from this day and
    21  that I cannot revoke or modify  this  consent  and  designation  by  any
    22  provision in my will.
    23  Signed this      day of     ,
 
    24  _____________________________________________
    25  (Your signature)
 
    26  Statement of witnesses:
    27  I  declare  that the person who signed this document is personally known
    28  to me and appears to be of sound mind and acting willingly and free from
    29  duress. He or she signed this document in my  presence.  I  am  not  the
    30  person  authorized  in  this  document to control the use of the genetic
    31  material of the person who signed this document.
 
    32  Witness:
    33  Address:
    34  Date:
    35  Witness:
    36  Address:
    37  Date:
 
    38    (6) may be substantially in the following form and must be signed  and
    39  dated by the [genetic] intended parent and properly witnessed:
    40  I, ____________________________________________________________________,
    41                           (Your name and address)
    42  consent to the use of my (sperm or ova) (referred to below as my "genet-
    43  ic  material")  to  conceive a child or children of mine after my death,
    44  and I authorize
 
        ________________________________________________________________________
    45                        (Name and address of person)
    46  to decide whether and how my genetic material is to be used to  conceive
    47  a  child  or  children  of  mine after my death.   In the event that the

        S. 7506--B                         85                         A. 9506--B
 
     1  person authorized above dies before me or  is  unable  to  exercise  the
     2  authority granted I designate
 
        ________________________________________________________________________
     3                        (Name and address of person)
     4  to  decide whether and how my genetic material is to be used to conceive
     5  a child or children of mine after my death.  I understand that, unless I
     6  revoke this consent and authorization in a written document signed by me
     7  in the presence of two  witnesses  who  also  sign  the  document,  this
     8  consent  and  authorization  will  remain in effect for seven years from
     9  this day and that I cannot revoke or modify this consent and designation
    10  by any provision in my will.
 
    11  Signed this       day of         ,
 
    12  _____________________________________________
    13  (Your signature)
    14  Statement of witnesses:
    15  I declare that the person who signed this document is  personally  known
    16  to me and appears to be of sound mind and acting willingly and free from
    17  duress.  He  or  she  signed  this document in my presence. I am not the
    18  person authorized in this document to control the  use  of  the  genetic
    19  material of the person who signed this document.
    20  Witness:
    21  Address:
    22  Date:
    23  Witness:
    24  Address:
    25  Date:
    26    [(d)]  (e) Any authority granted in a written instrument authorized by
    27  this section to a person who is the spouse  of  the  [genetic]  intended
    28  parent  at the time of execution of the written instrument is revoked by
    29  a final decree or judgment of divorce or annulment, or a  final  decree,
    30  judgment  or  order  declaring  the  nullity of the marriage between the
    31  [genetic] intended parent and the spouse or dissolving such marriage  on
    32  the  ground of absence, recognized as valid under the law of this state,
    33  or a final decree or judgment of separation, recognized as  valid  under
    34  the law of this state, which was rendered against the spouse.
    35    [(e)]  (f)  Process  shall  not  issue  to  a [genetic] child who is a
    36  distributee of [a genetic] an intended parent under sections  one  thou-
    37  sand  three and one thousand four hundred three of the surrogate's court
    38  procedure act unless the child is in being at the time process issues.
    39    [(f)] (g) Except as provided in paragraph (b)  of  this  section  with
    40  regard  to  any  disposition  of property in any instrument of which the
    41  [genetic] intended parent of a  [genetic]  child  is  the  creator,  for
    42  purposes of section 2-1.3 of this chapter a [genetic] child who is enti-
    43  tled  to  inherit from [a genetic] an intended parent under this section
    44  is a child of the [genetic] intended parent for purposes of  a  disposi-
    45  tion  of  property  to persons described in any instrument as the issue,
    46  children, descendants, heirs, heirs at law, next  of  kin,  distributees
    47  (or by any term of like import) of the creator or of another. This para-
    48  graph  shall  apply  to the wills of persons dying on or after September
    49  first,  two  thousand  fourteen,  to  lifetime  instruments  theretofore
    50  executed which on said date are subject to the grantor's power to revoke
    51  or  amend,  and  to  all  lifetime instruments executed on or after such
    52  date.

        S. 7506--B                         86                         A. 9506--B
 
     1    [(g)] (h) For purposes of section 3-3.3  of  this  chapter  the  terms
     2  "issue",  "surviving  issue"  and  "issue surviving" include a [genetic]
     3  child if he or she is entitled to inherit  from  his  or  her  [genetic]
     4  intended parent under this section.
     5    [(h)]  (i)  Where the validity of a disposition under the rule against
     6  perpetuities depends on the ability of a person to have a child at  some
     7  future time, the possibility that such person may have a [genetic] child
     8  conceived   using  assisted  reproduction  shall  be  disregarded.  This
     9  provision shall not apply for any purpose other than that of determining
    10  the validity of a disposition under the rule against perpetuities  where
    11  such validity depends on the ability of a person to have a child at some
    12  future  time. A determination of validity or invalidity of a disposition
    13  under the rule against perpetuities by the application of this provision
    14  shall not be affected by the later birth of a [genetic] child  conceived
    15  using assisted reproduction disregarded under this provision.
    16    [(i)]  (j) The use of a genetic material after the death of the person
    17  providing such material is subject exclusively to the provisions of this
    18  section and to any valid and binding contractual agreement between  such
    19  person  and  the  facility providing storage of the genetic material and
    20  may not be the subject of a disposition in an instrument created by  the
    21  person providing such material or by any other person.
    22    § 29. This act shall take effect February 15, 2021, provided, however,
    23  that  the  amendments  to  subdivision  (a) of section 439 of the family
    24  court act made by section twenty-one of this act shall  not  affect  the
    25  expiration  of such subdivision and shall be deemed to expire therewith.
    26  Effective immediately, the addition, amendment and/or repeal of any rule
    27  or regulation necessary for the implementation of this act on its effec-
    28  tive date are authorized to be made and  completed  on  or  before  such
    29  effective date.
 
    30                                   PART M
 
    31                            Intentionally Omitted
 
    32                                   PART N
 
    33    Section  1.  Subdivision 10 of section 153 of the social services law,
    34  as amended by section 1 of subpart B of part K of chapter 56 of the laws
    35  of 2017, is amended to read as follows:
    36    10. Expenditures made by a social services district  for  the  mainte-
    37  nance  of children with disabilities, placed by school districts, pursu-
    38  ant to section forty-four hundred five of the education  law  shall,  if
    39  approved  by  the  office of children and family services, be subject to
    40  [eighteen and four hundred twenty-four thousandths percent reimbursement
    41  by the state and thirty-eight and four hundred  twenty-four  thousandths
    42  percent  reimbursement  by  school districts, except for social services
    43  districts located within a city with a  population  of  one  million  or
    44  more,  where  such expenditures shall be subject to] fifty-six and eight
    45  hundred forty-eight thousandths  percent  reimbursement  by  the  school
    46  district,  in  accordance with paragraph c of subdivision one of section
    47  forty-four hundred five of the  education  law,  after  first  deducting
    48  therefrom  any  federal  funds  received or to be received on account of
    49  such expenditures, except that in the case  of  a  student  attending  a
    50  state-operated  school for the deaf or blind pursuant to article eighty-
    51  seven or eighty-eight of the education law who was not  placed  in  such
    52  school  by a school district such expenditures shall be subject to fifty

        S. 7506--B                         87                         A. 9506--B
 
     1  percent reimbursement by the [state] school district after first deduct-
     2  ing therefrom any federal funds received or to be received on account of
     3  such expenditures  [and  there  shall  be  no  reimbursement  by  school
     4  districts].    Such expenditures shall not be subject to the limitations
     5  on state reimbursement contained  in  subdivision  two  of  section  one
     6  hundred  fifty-three-k of this title. In the event of the failure of the
     7  school  district  to  make  the  maintenance  payment  pursuant  to  the
     8  provisions  of  this  subdivision,  the state comptroller shall withhold
     9  state reimbursement to any such school district in an  amount  equal  to
    10  the  unpaid  obligation  for  maintenance  and  pay over such sum to the
    11  social services district upon certification of the commissioner  of  the
    12  office of children and family services and the commissioner of education
    13  that  such  funds  are  overdue  and  owed  by such school district. The
    14  commissioner of the office of children and family services, in consulta-
    15  tion with the commissioner of education, shall promulgate regulations to
    16  implement the provisions of this subdivision.
    17    § 2. Paragraph b of subdivision 1 of section 4405 of the education law
    18  is REPEALED.
    19    § 3.  This act shall take effect immediately and shall expire  and  be
    20  deemed  repealed  April 1, 2021; provided however that the amendments to
    21  subdivision 10 of section 153 of the social services law made by section
    22  one of this act, shall not affect the expiration of such subdivision and
    23  shall be deemed to expire therewith.
 
    24                                   PART O
 
    25                            Intentionally Omitted
 
    26                                   PART P
 
    27    Section 1. The education law is amended by adding a new section 363 to
    28  read as follows:
    29    § 363. Curing Alzheimer's health consortium. 1. There is hereby estab-
    30  lished within the state university of New York  the  curing  Alzheimer's
    31  health  consortium. The consortium shall have as its purpose to identify
    32  genes that predict an increased risk for developing the disease, collab-
    33  orating with research institutions within the state  university  of  New
    34  York  system,  and  the  department  of health, in research projects and
    35  studies to identify opportunities to develop new  therapeutic  treatment
    36  and cures for Alzheimer's.
    37    2.  The  state  university  of  New  York  shall  issue  a request for
    38  proposals to partner with hospitals both within the state university  of
    39  New  York  and  other  not-for-profit article twenty-eight of the public
    40  health law hospitals and non-profit  higher  education  research  insti-
    41  tutions  to  map the genomes of individuals suffering from or at risk of
    42  Alzheimer's.
    43    § 2. This act shall take effect immediately.
 
    44                                   PART Q

    45    Section 1. Subdivisions 5 and 6 of section 6456 of the education  law,
    46  as  amended by section 1 of part U of chapter 54 of the laws of 2016 and
    47  paragraph e of subdivision 5 as amended by section 1 of part BB of chap-
    48  ter 56 of the laws of 2019, are amended to read as follows:
    49    5. Moneys made available to institutions under this section  shall  be
    50  spent for the following purposes:

        S. 7506--B                         88                         A. 9506--B
 
     1    a. to provide additional services and expenses to expand opportunities
     2  through existing postsecondary opportunity programs at the state univer-
     3  sity  of  New  York,  the city university of New York, and other degree-
     4  granting higher education institutions for foster youth;
     5    b.  to  provide  any  necessary  supplemental financial aid for foster
     6  youth, which may include the cost of tuition and fees, books,  transpor-
     7  tation,  housing and other expenses as determined by the commissioner to
     8  be necessary for such foster youth to attend college;
     9    c. summer college preparation programs to help foster youth transition
    10  to college, prepare them to  navigate  on-campus  systems,  and  provide
    11  preparation  in  reading,  writing, and mathematics for foster youth who
    12  need it; [or]
    13    d. advisement, tutoring, and academic assistance for foster youth[.];
    14    e. to provide supplemental housing and meals, including but not limit-
    15  ed to during intersession and summer breaks, for foster youth[.]; or
    16    f. medical expenses including,  but  not  limited  to,  primary  care,
    17  behavioral health, vision and dental care which is not otherwise covered
    18  by an eligible student's health plan.
    19    6. Eligible institutions shall file an application for approval by the
    20  commissioner  [no later than the first of May] each year demonstrating a
    21  need for such funding, including how the funding would be used  and  how
    22  many foster youth would be assisted with such funding. Successful appli-
    23  cants will be funded as provided in subdivision four of this section.
    24    § 2. This act shall take effect immediately.
 
    25                                   PART R
 
    26    Section  1. Subdivisions 6 and 7 of section 412 of the social services
    27  law, as added by chapter 1039 of the laws of 1973 and as  renumbered  by
    28  chapter 323 of the laws of 2008, are amended to read as follows:
    29    6.  An "unfounded report" means any report made pursuant to this title
    30  unless an investigation: (i) commenced on  or  before  December  thirty-
    31  first, two thousand twenty-one determines that some credible evidence of
    32  the  alleged abuse or maltreatment exists; or (ii) commenced on or after
    33  January first, two thousand twenty-two determines that a fair preponder-
    34  ance of the evidence of the alleged abuse or maltreatment exists;
    35    7. An "indicated report" means a report made pursuant to this title if
    36  an investigation: (i) commenced on or before December thirty-first,  two
    37  thousand  twenty-one  determines  that  some  credible  evidence  of the
    38  alleged abuse or maltreatment exists[.]; or (ii) commenced on  or  after
    39  January first, two thousand twenty-two determines that a fair preponder-
    40  ance of the evidence of the alleged abuse or maltreatment exists;
    41    §  2.  Paragraph  (c)  of  subdivision  2 of section 421 of the social
    42  services law, as amended by chapter 718 of the laws of 1986, is  amended
    43  to read as follows:
    44    (c)  issue guidelines to assist local child protective services in the
    45  interpretation and assessment of reports of abuse and maltreatment  made
    46  to  the  statewide  central  register  described in section four hundred
    47  twenty-two of this article. Such guidelines shall  include  information,
    48  standards  and criteria for the identification of [credible] evidence of
    49  alleged abuse and maltreatment as required to determine whether a report
    50  may be indicated pursuant to this article.
    51    § 3. The opening paragraph  of  paragraph  (a)  of  subdivision  5  of
    52  section  422 of the social services law, as amended by section 7 of part
    53  D of chapter 501 of the laws of 2012, is amended to read as follows:

        S. 7506--B                         89                         A. 9506--B
 
     1    Unless an investigation of a report conducted pursuant to  this  title
     2  that is commenced on or before December thirty-first, two thousand twen-
     3  ty-one  determines  that  there is some credible evidence of the alleged
     4  abuse or maltreatment or unless an investigation of a  report  conducted
     5  pursuant  to this title that is commenced on or after January first, two
     6  thousand twenty-two determines that there is a fair preponderance of the
     7  evidence that the alleged abuse or maltreatment occurred,  all  informa-
     8  tion  identifying  the subjects of the report and other persons named in
     9  the report shall be legally sealed forthwith by the central register and
    10  any local child protective services [or the state agency] which investi-
    11  gated the report. Such unfounded reports may only be unsealed  and  made
    12  available:
    13    §  4.  Paragraph  (c)  of  subdivision  5 of section 422 of the social
    14  services law, as added by chapter 555 of the laws of 2000, is amended to
    15  read as follows:
    16    (c) Notwithstanding any other provision of law, the office of children
    17  and family services may, in its discretion, grant a request  to  expunge
    18  an unfounded report where: (i) the source of the report was convicted of
    19  a  violation  of subdivision three of section 240.55 of the penal law in
    20  regard to such report; or (ii) the subject of the report presents  clear
    21  and  convincing  evidence  that  affirmatively refutes the allegation of
    22  abuse or maltreatment; provided however, that the absence of  [credible]
    23  a  fair preponderance of the evidence supporting the allegation of abuse
    24  or maltreatment shall not be the sole basis to expunge the report. Noth-
    25  ing in this paragraph shall require the office of  children  and  family
    26  services  to  hold  an  administrative  hearing  in  deciding whether to
    27  expunge a report. Such office shall make its determination upon  review-
    28  ing  the written evidence submitted by the subject of the report and any
    29  records or information obtained from the state  or  local  agency  which
    30  investigated the allegations of abuse or maltreatment.
    31    §  5.  Subparagraphs  (ii),  (iii),  (iv)  and (v) of paragraph (a) of
    32  subdivision 8 of section 422 of the social  services  law,  subparagraph
    33  (ii)  as  amended  by  chapter 323 of the laws of 2008 and subparagraphs
    34  (iii), (iv) and (v) as amended by chapter 12 of the laws  of  1996,  are
    35  amended to read as follows:
    36    (ii)  Upon  receipt  of a request to amend the record of a child abuse
    37  and maltreatment report the office of children and family services shall
    38  immediately send a written request to the child protective  service  [or
    39  the  state  agency]  which was responsible for investigating the allega-
    40  tions of abuse or maltreatment for all records, reports and other infor-
    41  mation maintained by the service [or state agency]  pertaining  to  such
    42  indicated  report.  Where  a  proceeding  pursuant to article ten of the
    43  family court act based on the same allegations that  were  indicated  is
    44  pending,  the  request to amend shall be stayed until the disposition of
    45  such family court proceeding. The service [or  state  agency]  shall  as
    46  expeditiously as possible but within no more than twenty working days of
    47  receiving  such request, forward all records, reports and other informa-
    48  tion it maintains on such indicated report to the office of children and
    49  family services, including a copy of any petition or court  order  based
    50  on  the  allegations  that were indicated.  [The] Unless such request to
    51  amend has been stayed, the office of children and family services  shall
    52  as  expeditiously  as  possible  but within no more than fifteen working
    53  days of receiving such materials from the child  protective  service  or
    54  state agency, review all such materials in its possession concerning the
    55  indicated  report  and determine, after affording such service [or state
    56  agency] a reasonable opportunity to present its views, whether there  is

        S. 7506--B                         90                         A. 9506--B
 
     1  a  fair preponderance of the evidence to find that the subject committed
     2  the act or acts of child abuse or maltreatment giving rise to the  indi-
     3  cated report and whether, based on guidelines developed by the office of
     4  children  and  family  services  pursuant to subdivision five of section
     5  four hundred twenty-four-a of this title, such  act  or  acts  could  be
     6  relevant  and  reasonably  related  to  employment of the subject of the
     7  report by a provider agency, as defined by subdivision three of  section
     8  four  hundred  twenty-four-a  of  this title, or relevant and reasonably
     9  related to the subject of the report being allowed to have  regular  and
    10  substantial  contact with children who are cared for by a provider agen-
    11  cy, or relevant and reasonably related to the approval or disapproval of
    12  an application submitted by the subject of the  report  to  a  licensing
    13  agency,  as  defined by subdivision four of section four hundred twenty-
    14  four-a of this title.
    15    (iii) If it is determined at the review held pursuant  to  this  para-
    16  graph  [(a)] that there is [no credible] not a fair preponderance of the
    17  evidence in the record to find that the subject committed an act or acts
    18  of child abuse or maltreatment, the [department] office of children  and
    19  family  services  shall  amend the record to indicate that the report is
    20  "unfounded" and notify the subject forthwith.
    21    (iv) If it is determined at the review held pursuant to this paragraph
    22  [(a)] that there is [some credible] a fair preponderance of the evidence
    23  in the record to find that the subject committed such act  or  acts  but
    24  that  such  act  or acts could not be relevant and reasonably related to
    25  the employment of the subject by a provider agency  or  to  the  subject
    26  being  allowed to have regular and substantial contact with children who
    27  are cared for by a provider agency or the approval or disapproval of  an
    28  application which could be submitted by the subject to a licensing agen-
    29  cy,  the  [department]  office  of children and family services shall be
    30  precluded from informing a provider or licensing agency which  makes  an
    31  inquiry  to  [the  department] such office pursuant to the provisions of
    32  section four hundred twenty-four-a of this title concerning the  subject
    33  that  the  person  about  whom  the inquiry is made is the subject of an
    34  indicated report of child abuse or maltreatment. The [department] office
    35  of children and family services shall notify forthwith  the  subject  of
    36  the report of such determinations and that a fair hearing has been sche-
    37  duled  pursuant  to paragraph (b) of this subdivision. The sole issue at
    38  such hearing shall be whether the subject has been shown by [some credi-
    39  ble] a fair preponderance of the evidence to have committed the  act  or
    40  acts of child abuse or maltreatment giving rise to the indicated report.
    41    (v)  If it is determined at the review held pursuant to this paragraph
    42  [(a)] that there is [some credible] a fair preponderance of the evidence
    43  in the record to prove that the subject committed  an  act  or  acts  of
    44  child  abuse or maltreatment and that such act or acts could be relevant
    45  and reasonably related to the employment of the subject  by  a  provider
    46  agency  or  to the subject being allowed to have regular and substantial
    47  contact with children cared for by a provider agency or the approval  or
    48  disapproval of an application which could be submitted by the subject to
    49  a  licensing  agency,  the  [department]  office  of children and family
    50  services shall notify forthwith the subject of the report of such deter-
    51  minations and that a fair hearing has been scheduled pursuant  to  para-
    52  graph (b) of this subdivision.
    53    §  6.  Subparagraph  (ii) of paragraph (b) of subdivision 8 of section
    54  422 of the social services law, as amended by chapter 12 of the laws  of
    55  1996, is amended to read as follows:

        S. 7506--B                         91                         A. 9506--B
 
     1    (ii)  The  burden  of  proof  in  such a hearing shall be on the child
     2  protective service [or the state agency] which investigated the report[,
     3  as the case may be].  In such a hearing, [the fact that there is]  where
     4  a  family  court  [finding of] proceeding pursuant to article ten of the
     5  family court act has occurred and where the petition for such proceeding
     6  alleges  that a respondent in that proceeding committed abuse or neglect
     7  against the subject child in regard to an allegation contained in  [the]
     8  a  report  indicated pursuant to this section: (A) where the court finds
     9  that such respondent did commit abuse or neglect there shall [create] be
    10  an irrebuttable presumption in a fair  hearing  held  pursuant  to  this
    11  subdivision  that  said allegation is substantiated by [some credible] a
    12  fair preponderance of the evidence as to that respondent on that allega-
    13  tion; and (B) where such child protective service withdraws  such  peti-
    14  tion  with prejudice, where the family court dismisses such petition, or
    15  where the family court finds on the merits in favor of  the  respondent,
    16  there shall be an irrebuttable presumption in a fair hearing held pursu-
    17  ant  to  this subdivision that said allegation as to that respondent has
    18  not been proven by a fair preponderance of the evidence.
    19    § 7. Subparagraphs (i) and (ii) of paragraph (c) of subdivision  8  of
    20  section  422 of the social services law, as amended by chapter 12 of the
    21  laws of 1996, and the opening paragraph of subparagraph (ii) as  amended
    22  by chapter 323 of the laws of 2008, are amended to read as follows:
    23    (i)  If  it is determined at the fair hearing that there is [no credi-
    24  ble] not a fair preponderance of the evidence in the record to find that
    25  the subject committed an act or acts of child abuse or maltreatment, the
    26  [department] office of children and  family  services  shall  amend  the
    27  record  to  reflect  that  such a finding was made at the administrative
    28  hearing, order any child protective  service  [or  state  agency]  which
    29  investigated  the  report  to similarly amend its records of the report,
    30  and shall notify the subject forthwith of the determination.
    31    (ii) Upon a determination made at a fair hearing  [held  on  or  after
    32  January  first,  nineteen  hundred eighty-six] scheduled pursuant to the
    33  provisions of subparagraph (v) of paragraph (a) of this subdivision that
    34  the subject has been shown by a fair preponderance of  the  evidence  to
    35  have  committed  the  act  or acts of child abuse or maltreatment giving
    36  rise to the indicated report, the hearing officer shall determine, based
    37  on guidelines developed by the office of children  and  family  services
    38  pursuant  to  subdivision  five of section four hundred twenty-four-a of
    39  this title, whether such act or acts are relevant and reasonably related
    40  to employment of the subject by a provider agency, as defined by  subdi-
    41  vision  three  of  section  four hundred twenty-four-a of this title, or
    42  relevant and reasonably related to the subject  being  allowed  to  have
    43  regular  and  substantial  contact  with children who are cared for by a
    44  provider agency or relevant and reasonably related to  the  approval  or
    45  disapproval  of  an  application submitted by the subject to a licensing
    46  agency, as defined by subdivision four of section four  hundred  twenty-
    47  four-a of this title.
    48    Upon  a  determination  made at a fair hearing that the act or acts of
    49  abuse or maltreatment are relevant and reasonably related to  employment
    50  of the subject by a provider agency or the subject being allowed to have
    51  regular  and  substantial  contact  with children who are cared for by a
    52  provider agency or the approval or denial of an application submitted by
    53  the subject to a licensing agency, the [department] office  of  children
    54  and family services shall notify the subject forthwith. The [department]
    55  office  of  children  and  family  services  shall  inform a provider or
    56  licensing agency which makes an inquiry to [the department] such  office

        S. 7506--B                         92                         A. 9506--B
 
     1  pursuant to the provisions of section four hundred twenty-four-a of this
     2  title  concerning  the subject that the person about whom the inquiry is
     3  made is the subject of an indicated child abuse or maltreatment report.
     4    The  failure  to determine at the fair hearing that the act or acts of
     5  abuse and maltreatment  are  relevant  and  reasonably  related  to  the
     6  employment  of  the subject by a provider agency or to the subject being
     7  allowed to have regular and substantial contact with  children  who  are
     8  cared  for by a provider agency or the approval or denial of an applica-
     9  tion submitted by the subject to a licensing agency shall  preclude  the
    10  [department]  office  of  children  and family services from informing a
    11  provider or licensing agency which makes an inquiry to [the  department]
    12  such  office  pursuant to the provisions of section four hundred twenty-
    13  four-a of this title concerning the subject that the person  about  whom
    14  the  inquiry  is  made  is  the  subject  of an indicated child abuse or
    15  maltreatment report.
    16    § 8. Paragraph (e) of subdivision 8  of  section  422  of  the  social
    17  services  law, as added by chapter 12 of the laws of 1996, is amended to
    18  read as follows:
    19    (e) Should the [department] office of  children  and  family  services
    20  grant the request of the subject of the report pursuant to this subdivi-
    21  sion either through an administrative review or fair hearing to amend an
    22  indicated  report  to  an unfounded report[. Such], such report shall be
    23  legally sealed and shall be released and expunged in accordance with the
    24  standards set forth in subdivision five of this section.
    25    § 9. Paragraph (e) of subdivision 1 of section  424-a  of  the  social
    26  services  law,  as  amended by chapter 634 of the laws of 1988, subpara-
    27  graphs (i), (ii) and (iii) as amended by chapter 12 of the laws of 1996,
    28  and subparagraph (iv) as amended by section 8-a of part D of chapter 501
    29  of the laws of 2012, is amended to read as follows:
    30    (e) (i) Subject to the provisions of subparagraph (ii) of  this  para-
    31  graph,  the  [department]  office  of children and family services shall
    32  inform the provider or licensing agency,  or  child  care  resource  and
    33  referral programs pursuant to subdivision six of this section whether or
    34  not  the person is the subject of an indicated child abuse and maltreat-
    35  ment report only if:
    36    [(a)] (A) (I) the time for the subject of the  report  to  request  an
    37  amendment  of  the record of the report pursuant to subdivision eight of
    38  section four hundred twenty-two has expired  without  any  such  request
    39  having been made; or
    40    [(b)](II)  such  request  was made within such time and a fair hearing
    41  regarding the request has been finally determined  by  the  commissioner
    42  and  the record of the report has not been amended to unfound the report
    43  or delete the person as a subject of the report; and
    44    (B) (I) the person is the subject of  an  indicated  report  of  child
    45  abuse; or
    46    (II)  the  person  is  not the subject of an indicated report of child
    47  abuse and is the subject of a report of  child  maltreatment  where  the
    48  indication  for child maltreatment occurred within less than eight years
    49  from the date of the inquiry.
    50    (ii) If the subject of an indicated report of child abuse or maltreat-
    51  ment has not requested an amendment of the record of the report  [within
    52  the  time specified in subdivision eight of section four hundred twenty-
    53  two of this title or if the subject had a fair hearing pursuant to  such
    54  section  prior  to  January  first,  nineteen hundred eighty-six] and an
    55  inquiry is made to  the  [department]  office  of  children  and  family
    56  services  pursuant  to  this  subdivision  concerning the subject of the

        S. 7506--B                         93                         A. 9506--B
 
     1  report, [the department] such office shall, as expeditiously as possible
     2  but within no more than ten working days  of  receipt  of  the  inquiry,
     3  determine  whether, in fact, the person about whom an inquiry is made is
     4  the subject of an indicated report. Upon making a determination that the
     5  person  about  whom  the  inquiry is made is the subject of an indicated
     6  report of child abuse and maltreatment, the [department] office of chil-
     7  dren and family services shall immediately send a written request to the
     8  child protective service or  state  agency  which  was  responsible  for
     9  investigating  the allegations of abuse or maltreatment for all records,
    10  reports and other information maintained by the service or state  agency
    11  on  the  subject. The service or state agency shall, as expeditiously as
    12  possible but within no more than twenty working days of  receiving  such
    13  request, forward all records, reports and other information it maintains
    14  on the indicated report to the [department] office of children and fami-
    15  ly  services,  including  a copy of any petition or court order based on
    16  the allegations that were indicated.  [The department] Where a  proceed-
    17  ing  pursuant to article ten of the family court act is pending based on
    18  the same allegations that were indicated, the  office  of  children  and
    19  family  services  shall  stay  determination  of whether there is a fair
    20  preponderance of the evidence to support the indication until the dispo-
    21  sition of such family court proceeding. Unless  such  determination  has
    22  been  stayed,  the  office of children and family services shall, within
    23  fifteen working days of receiving such records, reports and other infor-
    24  mation from the child protective service or  state  agency,  review  all
    25  records,  reports and other information in its possession concerning the
    26  subject and determine whether there is [some credible] a fair preponder-
    27  ance of the evidence to find that the subject had committed the  act  or
    28  acts of child abuse or maltreatment giving rise to the indicated report.
    29    (iii) If it is determined, after affording such service or state agen-
    30  cy  a  reasonable  opportunity  to  present its views, that there is [no
    31  credible] not a fair preponderance of the evidence in the record to find
    32  that the subject committed such act or acts, the [department] office  of
    33  children and family services shall amend the record to indicate that the
    34  report  was  unfounded  and  notify  the inquiring party that the person
    35  about whom the inquiry is made  is  not  the  subject  of  an  indicated
    36  report.  [If  the  subject  of the report had a fair hearing pursuant to
    37  subdivision eight of section four hundred twenty-two of this title prior
    38  to January first, nineteen hundred eighty-six and the fair  hearing  had
    39  been finally determined by the commissioner and the record of the report
    40  had  not  been  amended  to unfound the report or delete the person as a
    41  subject of the report, then the department shall determine that there is
    42  some credible evidence to find that the subject had committed the act or
    43  acts of child  abuse  or  maltreatment  giving  rise  to  the  indicated
    44  report.]
    45    (iv)  (A)  If  it  is  determined  after a review by the office of all
    46  records, reports  and  information  in  its  possession  concerning  the
    47  subject  of  the report that there is a preponderance of the evidence to
    48  find that the subject committed the  act  or  acts  of  child  abuse  or
    49  maltreatment  giving rise to the indicated report, the office shall also
    50  determine whether such act or acts are relevant and  reasonably  related
    51  to  issues concerning the employment of the subject by a provider agency
    52  or the subject being allowed to have  regular  and  substantial  contact
    53  with  individuals  cared  for  by  a  provider agency or the approval or
    54  disapproval of an application which has been submitted by the subject to
    55  a licensing agency, based on guidelines developed pursuant  to  subdivi-
    56  sion five of this section. If it is determined that such act or acts are

        S. 7506--B                         94                         A. 9506--B
 
     1  not  relevant  and related to such issues, the office shall be precluded
     2  from informing the provider or licensing agency which made  the  inquiry
     3  to  the  office  pursuant to this section that the person about whom the
     4  inquiry  is made is the subject of an indicated report of child abuse or
     5  maltreatment.
     6    (B) Where the subject of the report is not the subject  of  any  indi-
     7  cated  report  of  child  abuse  and is the subject of a report of child
     8  maltreatment where the indication for child maltreatment  occurred  more
     9  than  eight  years prior to the date of the inquiry, any such indication
    10  of child maltreatment shall be deemed to be not relevant and  reasonably
    11  related to employment.
    12    (v)  If  it is determined after a review by the [department] office of
    13  children and family services of all records, reports and information  in
    14  its  possession concerning the subject of the report that there is [some
    15  credible] a fair preponderance of the evidence to prove that the subject
    16  committed the act or acts of abuse or maltreatment giving  rise  to  the
    17  indicated  report [and that such act or acts are relevant and reasonably
    18  related to issues concerning the employment of the subject by a provider
    19  agency or to the subject being allowed to have regular  and  substantial
    20  contact  with children cared for by a provider agency or the approval or
    21  disapproval of an application which has been submitted by the subject to
    22  a licensing agency, the department shall inform the inquiring party that
    23  the person about whom the inquiry is made is the subject of an indicated
    24  report of child abuse and maltreatment; the department shall also notify
    25  the subject of the inquiry of his or her  fair  hearing  rights  granted
    26  pursuant to paragraph (c) of subdivision two of this section] the office
    27  of children and family services shall notify the subject of the determi-
    28  nation of such report and of the subject's right to request a fair hear-
    29  ing.  If the subject shall request a hearing, the office of children and
    30  family services shall schedule a fair hearing and shall  provide  notice
    31  of  the  scheduled  hearing  date  to the subject, the statewide central
    32  register and, as appropriate, to  the  child  protective  service  which
    33  investigated such report.
    34    (vi)  The  burden  of  proof  in  such a hearing shall be on the child
    35  protective service which investigated the report.  In  such  a  hearing,
    36  where  a  family  court proceeding pursuant to article ten of the family
    37  court act has occurred  and  where  the  petition  for  such  proceeding
    38  alleges  that  a  respondent  in  that  proceeding  committed  abuse  or
    39  maltreatment against the  subject  child  in  regard  to  an  allegation
    40  contained  in a report indicated pursuant to this section: (A) where the
    41  court finds that such respondent did commit abuse or maltreatment  there
    42  shall  be an irrebuttable presumption in a fair hearing held pursuant to
    43  this subdivision that said allegation is substantiated by a fair prepon-
    44  derance of the evidence as to that respondent on  that  allegation;  and
    45  (B)  where  such  child  protective service withdraws such petition with
    46  prejudice, where the family court dismisses such petition, or where  the
    47  family court finds on the merits in favor of the respondent, there shall
    48  be  an  irrebuttable presumption in a fair hearing held pursuant to this
    49  subdivision that said allegation as to  that  respondent  has  not  been
    50  proven by a fair preponderance of the evidence.
    51    (vii)  If  it shall be determined at the fair hearing that there is no
    52  fair preponderance of the evidence  in  the  record  to  find  that  the
    53  subject  committed  an  act  or acts of child abuse or maltreatment, the
    54  office of children and family services shall amend the record as to that
    55  respondent on that allegation to reflect that such a finding was made at
    56  the administrative hearing, order any  child  protective  service  which

        S. 7506--B                         95                         A. 9506--B
 
     1  investigated  the  report  as  to that respondent to similarly amend its
     2  records of such report, notify the subject  of  the  determination,  and
     3  notify  the  inquiring party that the person about whom such inquiry was
     4  made is not the subject of an indicated report on that allegation.
     5    (viii)  Upon  a determination at the fair hearing that the subject has
     6  been shown, by a fair preponderance of the evidence  to  have  committed
     7  the  act or acts of child abuse or maltreatment giving rise to the indi-
     8  cated report, the hearing officer shall determine, based  on  guidelines
     9  developed  by  the  office  of  children and family services pursuant to
    10  subdivision five of this section, whether such act or acts are  relevant
    11  and  reasonably related to the subject being allowed to have regular and
    12  substantial contact with children who are cared for by a provider agency
    13  as defined in subdivision three of this section, or relevant and reason-
    14  ably related to the approval or disapproval of an application  submitted
    15  by  the  subject to a licensing agency as defined in subdivision four of
    16  this section.
    17    (ix) Upon a determination made at a fair hearing that the act or  acts
    18  of  abuse  or  maltreatment  are  relevant and reasonably related to the
    19  employment of the subject by a provider agency as defined in subdivision
    20  three of this section, the subject being allowed  to  have  regular  and
    21  substantial contact with children who are cared for by a provider agency
    22  as defined in subdivision three of this section, or relevant and reason-
    23  ably  related to the approval or disapproval of an application submitted
    24  by the subject to a licensing agency as defined in subdivision  four  of
    25  this  section,  the  office of children and family services shall notify
    26  the subject and shall inform the inquiring party that the  person  about
    27  whom  such  inquiry  was  made  is the subject of an indicated report of
    28  child abuse or maltreatment.
    29    (x) The failure to determine at the fair hearing that the act or  acts
    30  of  abuse  or  maltreatment  are  relevant and reasonably related to the
    31  employment of the subject by a provider agency as defined in subdivision
    32  three of this section, the subject being allowed  to  have  regular  and
    33  substantial contact with children who are cared for by a provider agency
    34  as defined in subdivision three of this section, or relevant and reason-
    35  ably  related to the approval or disapproval of an application submitted
    36  by the subject to a licensing agency as defined in subdivision  four  of
    37  this  section, shall preclude the office of children and family services
    38  from informing a provider agency as defined in subdivision three of this
    39  section or licensing agency as  defined  in  subdivision  four  of  this
    40  section  that such person is the subject of an indicated report of child
    41  abuse or maltreatment on that allegation.
    42    § 10. Section 651-a of the family court act, as amended by chapter  12
    43  of the laws of 1996, is amended to read as follows:
    44    §  651-a.  Reports  of child abuse and maltreatment; admissibility. In
    45  any proceeding brought pursuant to this section to determine the custody
    46  or visitation of minors, a report made to the statewide central register
    47  of child abuse and maltreatment, pursuant to title six of article six of
    48  the social services law, or a portion thereof, which is otherwise admis-
    49  sible as a business record pursuant to rule forty-five hundred  eighteen
    50  of the civil practice law and rules shall not be admissible in evidence,
    51  notwithstanding  such  rule,  unless  an  investigation  of  such report
    52  conducted pursuant to title six of article six of  the  social  services
    53  law  commenced  on or before December thirty-first, two thousand twenty-
    54  one has determined that there is some credible evidence of  the  alleged
    55  abuse  or  maltreatment,  or  unless  an  investigation  of  such report
    56  conducted pursuant to title six of article six of  the  social  services

        S. 7506--B                         96                         A. 9506--B
 
     1  law  commenced on or after January first, two thousand twenty-two deter-
     2  mines that there is a fair preponderance of the evidence of the  alleged
     3  abuse  or maltreatment, that the subject of the report has been notified
     4  that  the  report  is  indicated.  In  addition, if such report has been
     5  reviewed by the state commissioner of social services  or  his  designee
     6  and  has  been determined to be unfounded, it shall not be admissible in
     7  evidence. If such report has been so reviewed and has  been  amended  to
     8  delete  any  finding, each such deleted finding shall not be admissible.
     9  If the state commissioner of social services or his designee has amended
    10  the report to add any new finding, each such new finding, together  with
    11  any  portion  of  the original report not deleted by the commissioner or
    12  his designee, shall be admissible if it meets the other requirements  of
    13  this section and is otherwise admissible as a business record. If such a
    14  report,  or  portion thereof, is admissible in evidence but is uncorrob-
    15  orated, it shall not be sufficient to make a fact finding  of  abuse  or
    16  maltreatment  in  such proceeding. Any other evidence tending to support
    17  the reliability of such report shall be sufficient corroboration.
    18    § 11. This act shall take effect immediately; provided,  however  that
    19  sections one, three, four, five, six, seven, eight, nine and ten of this
    20  act shall take effect January 1, 2022.  Effective immediately, the addi-
    21  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    22  the implementation of this act on its effective date are  authorized  to
    23  be  made  and completed by the office of children and family services on
    24  or before such effective date.
 
    25                                   PART S
 
    26    Section 1. Paragraph (b) of subdivision 2  of  section  576-d  of  the
    27  private  housing  finance  law, as amended by chapter 428 of the laws of
    28  2004, is amended to read as follows:
    29    (b) the total amount of loans made to any single agricultural producer
    30  shall not exceed [one] two hundred thousand dollars per annum;
    31    § 2. This act shall take effect immediately.
 
    32                                   PART T
 
    33    Section 1. Paragraph c of subdivision 1 of section 656 of the  private
    34  housing  finance  law, as amended by chapter 336 of the laws of 2019, is
    35  amended to read as follows:
    36    c. No bonds or notes of the corporation shall be issued if  upon  such
    37  issuance the aggregate principal amount of bonds and notes of the corpo-
    38  ration then outstanding exceeds the lesser of [fourteen] fifteen billion
    39  five  hundred  million dollars or such amount as would cause the maximum
    40  capital reserve fund requirement to exceed eighty-five million  dollars;
    41  provided  that,  in  determining  such aggregate principal amounts there
    42  shall be deducted (i) all sums then available for the  payment  of  such
    43  bonds  or notes either at maturity or through the operation of a sinking
    44  fund; (ii) the aggregate principal amount of  outstanding  bonds  issued
    45  (a) to refund notes and (b) to refund bonds, theretofore issued and then
    46  outstanding;  and  (iii)  the  aggregate principal amount of outstanding
    47  notes issued to renew notes theretofore issued and then outstanding. The
    48  provisions of the prior sentence notwithstanding, the corporation  shall
    49  not  issue  bonds  if such issuance shall cause the maximum reserve fund
    50  requirement to exceed thirty million dollars unless prior to such  issu-
    51  ance  the senate and assembly shall have adopted a concurrent resolution
    52  passed by the votes of a majority of all the  members  elected  to  each

        S. 7506--B                         97                         A. 9506--B
 
     1  such house and, subsequent thereto, the governor shall evidence in writ-
     2  ing  the governor's agreement with such resolution to the chairperson of
     3  the corporation, which resolution shall be in full force and  effect  on
     4  the  date  of  issuance  of  the  bonds,  permitting the maximum capital
     5  reserve fund requirement to equal or exceed the amount  of  the  maximum
     6  capital reserve fund requirement which would be effective upon the issu-
     7  ance of the bonds in question, but in no event shall the maximum capital
     8  reserve fund requirement exceed eighty-five million dollars.
     9    § 2.  This act shall take effect immediately.
 
    10                                   PART U
 
    11    Section  1.  Subdivision  3  of section 1 of chapter 21 of the laws of
    12  1962, constituting the local emergency  housing  rent  control  act,  as
    13  amended  by  chapter  657  of  the  laws  of 1967, is amended to read as
    14  follows:
    15    3. Local determination as to continuation of emergency. The  continua-
    16  tion,  after  May  thirty-first,  nineteen  hundred  sixty-seven, of the
    17  public emergency requiring the regulation  and  control  of  residential
    18  rents  and evictions within cities having a population of one million or
    19  more shall be a matter for local determination within  each  such  city.
    20  Any  such  determination  shall be made by the local legislative body of
    21  such city on or before April first, nineteen hundred sixty-seven and  at
    22  least  once  in every third year thereafter following a survey which the
    23  city shall cause to be made of  the  supply  of  housing  accommodations
    24  within  such city, the condition of such accommodations and the need for
    25  continuing the regulation and control of residential rents and evictions
    26  within such city, provided, however, that when the date  by  which  such
    27  determination shall be made falls in a calendar year immediately follow-
    28  ing  a  calendar  year  during  which  a  federal  decennial  census  is
    29  conducted, such date shall be postponed by one year. Such  survey  shall
    30  be submitted to such legislative body not less than thirty nor more than
    31  sixty days prior to the date of any such determination.
    32    § 2. This act shall take effect immediately.
 
    33                                   PART V
 
    34    Section 1. Subdivision 9 of section 131 of the social services law, as
    35  added  by  chapter  103 of the laws of 1971 and as renumbered by chapter
    36  473 of the laws of 1978, is amended to read as follows:
    37    9. Upon determining that a person is eligible for any form or category
    38  of public assistance, the social services official shall  issue  to  any
    39  such  person  to whom payment is to be made, an appropriate [identifica-
    40  tion] payment access card,  [with  a  photograph  affixed,]  in  a  form
    41  approved  by the [department] office of temporary and disability assist-
    42  ance, which shall be used as the [department] office  of  temporary  and
    43  disability  assistance, by regulation, may prescribe for improved admin-
    44  istration. [Any person, including the drawee bank, may require the pres-
    45  entation of such identification card as a condition for  the  acceptance
    46  and payment of a public assistance check.]
    47    §  2.  Subparagraph (iii) of paragraph (a) of subdivision 3 of section
    48  490 of the vehicle and traffic law, as added by chapter 575 of the  laws
    49  of 2006, is amended to read as follows:
    50    (iii) Notwithstanding any other law, rule or regulation to the contra-
    51  ry,  a person who is either (A) sixty-two years of age or older and [who
    52  is] a recipient of supplemental security income benefits or (B) a recip-

        S. 7506--B                         98                         A. 9506--B
 
     1  ient of public assistance, as defined in subdivision nineteen of section
     2  two of  the  social  services  law,  supplemental  nutrition  assistance
     3  program benefits, pursuant to section ninety-five of the social services
     4  law,  or  medical assistance, as defined in paragraph (a) of subdivision
     5  thirty-eight of section two of the social services law,  and who has not
     6  been issued a driver's license, or whose driver's license is expired, or
     7  who surrendered his or her driver's license, shall be  issued  an  iden-
     8  tification  card  without  the  payment  of any fee, upon submitting the
     9  appropriate application. For persons applying for an identification card
    10  pursuant to clause (B) of  this  subparagraph,  such  application  shall
    11  include  proof  that  such  person  is  in receipt of public assistance,
    12  supplemental nutrition assistance program benefits, or  medical  assist-
    13  ance, as the case may be.
    14    § 3. This act shall take effect on the one hundred eightieth day after
    15  it  shall have become a law; provided, however, that section one of this
    16  act shall take effect July 1, 2020.
 
    17                                   PART W
 
    18    Section 1. The tax law is amended by adding a  new  section  171-w  to
    19  read as follows:
    20    §  171-w. State support for the local enforcement of past-due property
    21  taxes. 1. Legislative findings. The legislature finds that local govern-
    22  ments have limited means to enforce the collection of past-due  property
    23  taxes.  The  legislature  further  finds  that it is appropriate for the
    24  state to support the local enforcement of  past-due  property  taxes  by
    25  authorizing  the  commissioner  to administer a program to disallow STAR
    26  credits and exemptions to delinquent property owners based  on  informa-
    27  tion reported to him or her by municipal officials.
    28    2. Definitions. For the purposes of this section:
    29    (a)  "Delinquent  property owner" means a STAR recipient whose primary
    30  residence is subject to past-due property taxes.
    31    (b) "Past-due property taxes" means  property  taxes  that  have  been
    32  levied  upon a property owner's primary residence that remain unpaid one
    33  year after the last date on which they  could  have  been  paid  without
    34  interest,  or  where such taxes are payable in installments, those taxes
    35  that remain unpaid one year after the  last  date  on  which  the  final
    36  installment could have been paid without interest.
    37    (c)  "STAR  credit"  means  the  basic STAR personal income tax credit
    38  authorized by subsection (eee) of section six hundred six of this  chap-
    39  ter.
    40    (d) "STAR exemption" means the basic STAR exemption from real property
    41  taxation  authorized  by  section  four  hundred twenty-five of the real
    42  property tax law.
    43    (e) "STAR recipient" means a  property  owner  who  is  registered  to
    44  receive  the STAR credit in relation to his or her primary residence, or
    45  whose primary residence is receiving the STAR exemption.
    46    3.  STAR  tax  payment  requirement;  generally.  Notwithstanding  any
    47  provision  of  law to the contrary, a property owner whose primary resi-
    48  dence is subject to past-due property taxes  shall  not  be  allowed  to
    49  receive  a  STAR  credit  or STAR exemption unless the past-due property
    50  taxes are paid in full on or before a date specified by the  commission-
    51  er.
    52    4.  Commissioner's authority. The commissioner is hereby authorized to
    53  develop a program to support the local enforcement of past-due  property
    54  taxes  by  disallowing  STAR  credits  and STAR exemptions to delinquent

        S. 7506--B                         99                         A. 9506--B
 
     1  property owners. The commissioner shall  establish  procedures  for  the
     2  administration  of  this  program,  which  shall  include  the following
     3  provisions:
     4    (a)  The procedures by which municipal officials shall report past-due
     5  property taxes and property tax payments to the department.
     6    (b) The procedures by which the  department  shall  notify  delinquent
     7  property  owners  of the impending disallowance of their STAR credits or
     8  exemptions due to past-due property taxes.
     9    (c) The date by which delinquent property owners must pay their  past-
    10  due  property taxes in full in order to avoid disallowance of their STAR
    11  credits or exemptions.
    12    (d) The procedures by which the commissioner shall disallow STAR cred-
    13  its and notify assessors of the disallowance of STAR exemptions if past-
    14  due property taxes are not paid in full by the specified date.
    15    (e) Such other procedures as the commissioner shall deem necessary  to
    16  carry out the provisions of this section.
    17    5.  Municipal reports. The commissioner's procedures regarding munici-
    18  pal reporting shall be subject to the following provisions:
    19    (a) The commissioner may request and shall be entitled to receive from
    20  any municipal corporation of the state, or any agency or official there-
    21  of, such data as the commissioner  deems  necessary  to  effectuate  the
    22  purposes  of  this section.   Such information shall be submitted to the
    23  department at such time and in  such  manner  as  the  commissioner  may
    24  direct.
    25    (b)  In  lieu of requiring municipal officials to submit their reports
    26  directly to  the  department,  the  commissioner  may,  in  his  or  her
    27  discretion,  require that such reports be submitted to the county direc-
    28  tor of real property tax services, who shall integrate the reports  into
    29  a  single  file and submit it to the department at such time and in such
    30  manner as the commissioner may direct. Provided, that where the  commis-
    31  sioner  institutes  such  a procedure, he or she may exclude cities with
    32  one hundred twenty-five thousand inhabitants or more, so  that  informa-
    33  tion  about  past-due property taxes and property tax payments in such a
    34  city shall be reported directly to the department by a  designated  city
    35  official at such time and in such manner as the commissioner may direct.
    36    (c)  Reports and other records prepared pursuant to this section shall
    37  not be subject to the provisions of article six of the  public  officers
    38  law.
    39    6.  Notification  of  delinquent  property  owners. The commissioner's
    40  procedures regarding the  notification  of  delinquent  property  owners
    41  shall be subject to the following provisions:
    42    (a) The department shall notify a delinquent property owner by regular
    43  mail at least thirty days prior to the date by which his or her past-due
    44  property  taxes  must  be paid in full in order to avoid disallowance of
    45  his or her STAR credit or exemption.
    46    (b) Such notice shall include a statement that  the  property  owner's
    47  STAR  credit  or exemption will be disallowed unless his or her past-due
    48  property taxes are paid in full by the date specified in the notice.
    49    (c) To the extent  practicable,  such  notice  shall  provide  contact
    50  information  for  the  local  official or officials to whom the past-due
    51  property taxes may be paid.
    52    (d) Such notice shall further state that the property owner's right to
    53  protest the disallowance of the STAR credit or exemption is  limited  to
    54  raising  issues that constitute a "mistake of fact" as defined in subdi-
    55  vision nine of this section.

        S. 7506--B                         100                        A. 9506--B
 
     1    (e) Such notice may include such other information as the commissioner
     2  may deem necessary.
     3    7. Timely payment of past-due property taxes. If a delinquent property
     4  owner  pays  his or her past-due property taxes in full on or before the
     5  date specified in such notice, the official receiving such payment shall
     6  so notify the department at such time and in such manner  as  prescribed
     7  by  the  commissioner.  The  property  owner  shall then be permitted to
     8  receive the STAR credit or exemption that would have been disallowed  if
     9  timely  payment  had  not been made. However, if the department does not
    10  learn of the payment until after it has already directed an assessor  to
    11  deny  a  STAR  exemption to a delinquent property owner, then in lieu of
    12  directing the exemption to be restored, the department may remit to  the
    13  property  owner  payment  in  an amount that will reimburse the property
    14  owner for the increase in his or her school tax bill  that  is  directly
    15  attributable to the lost STAR exemption.
    16    8.  Failure  to make timely payment. (a) If the past-due taxes are not
    17  paid on or before the date specified in the notice that had been sent to
    18  the delinquent property owner, his or her STAR credit or STAR  exemption
    19  shall be disallowed in accordance with the procedures established by the
    20  commissioner.
    21    (b)  The  property  owner  shall not be eligible to participate in the
    22  STAR program again as long as the property is subject to past-due  prop-
    23  erty taxes.
    24    (c)  Upon payment of the past-due property taxes in full, the official
    25  receiving such payment shall notify the department at such time  and  in
    26  such  manner  as may be prescribed by the commissioner. The commissioner
    27  shall then proceed as follows:
    28    (i) If the property owner had previously been receiving the STAR cred-
    29  it, the commissioner shall allow the property owner to resume his or her
    30  participation in the STAR credit program  on  a  prospective  basis,  if
    31  otherwise  eligible,  effective  with  the first taxable year commencing
    32  after such payment.
    33    (ii) If the property owner had  previously  been  receiving  the  STAR
    34  exemption,  the  commissioner  shall allow the property owner to partic-
    35  ipate in the STAR credit program on a prospective  basis,  if  otherwise
    36  eligible,  effective  with  the first taxable year commencing after such
    37  payment. The property owner shall not be  allowed  back  into  the  STAR
    38  exemption program.
    39    (iii)  The  commissioner shall, when making the first advanced payment
    40  of a STAR credit to the property taxpayer after payment of the  past-due
    41  property  taxes in full, also pay to such property taxpayer the value of
    42  the STAR exemptions or STAR credits that  were  disallowed  pursuant  to
    43  paragraph a of this subdivision.
    44    9.  Mistake  of  fact.  Notwithstanding  any other provision of law, a
    45  disallowance of a STAR credit or STAR exemption pursuant to this section
    46  may only be challenged before the department on the grounds of a mistake
    47  of fact as defined in this subdivision. The taxpayer will have no  right
    48  to  commence a court action, administrative proceeding or any other form
    49  of legal recourse against an assessor, county director of real  property
    50  tax  services  or  other local official regarding such disallowance. For
    51  the purposes of this subdivision, "mistake of fact" is limited to claims
    52  that: (i) the individual notified is not the taxpayer at issue; or  (ii)
    53  the  past-due property taxes were satisfied before the date specified in
    54  the notice described in subdivision six of this section. However,  noth-
    55  ing  in  this  subdivision  is intended to limit a taxpayer from seeking
    56  relief from joint and several liability pursuant to section six  hundred

        S. 7506--B                         101                        A. 9506--B
 
     1  fifty-four  of  this  chapter  to  the extent that he or she is eligible
     2  pursuant to that subdivision or establishing to the department that  the
     3  enforcement  of  the  underlying  property  taxes has been stayed by the
     4  filing  of  a  petition  pursuant  to the Bankruptcy Code of 1978 (Title
     5  Eleven of the United States Code).
     6    10. Assessors. (a) Notwithstanding any provision of law to the contra-
     7  ry, the department may disclose to assessors  such  information  as  the
     8  commissioner  deems  necessary  to  ensure  that  the STAR exemptions of
     9  delinquent property owners are disallowed as required by this section.
    10    (b) Notwithstanding any provision of law to the contrary, an  assessor
    11  shall  be  authorized  and directed to deny a STAR exemption to a delin-
    12  quent property owner upon being directed by the department to do so.  If
    13  an assessor should receive such a directive after the applicable assess-
    14  ment  roll has been filed, the assessor or other official having custody
    15  and control of that roll shall be authorized and directed to remove such
    16  exemption from such roll prior to the  levy  of  school  taxes,  without
    17  regard  to  the  provisions  of  title three of article five of the real
    18  property tax law or any comparable  laws  governing  the  correction  of
    19  administrative errors on assessment rolls and tax rolls.
    20    11.  Recovery  of STAR benefits in certain cases. The commissioner may
    21  establish procedures to be followed in cases  where  a  STAR  credit  or
    22  exemption  was  inadvertently  or  erroneously  provided to a delinquent
    23  property owner who was sent the notice required by  subdivision  six  of
    24  this section, and whose past-due property taxes were not paid in full by
    25  the date specified in the notice. Such procedures shall include, but not
    26  be  limited  to,  (a)  applying  the  improperly received STAR credit or
    27  exemption as an offset against future  STAR  credits  or  against  other
    28  personal  income tax credits or personal income tax refunds to which the
    29  delinquent property owner would otherwise be entitled, and (b)  pursuing
    30  any  of  the  other  remedies  that  are available to enforce a personal
    31  income tax debt under article twenty-two of this chapter.
    32    § 2. This act shall take effect immediately.

    33                                   PART X
 
    34    Section 1. Section 851 of the tax law  is  amended  by  adding  a  new
    35  subsection (d) to read as follows:
    36    (d)  If  an  employer  determines  that  the election made pursuant to
    37  subsection (b) of this section was in error and such employer  does  not
    38  wish  to  participate in the program for the calendar year and has taken
    39  no action to comply with the requirements of this article, the  employer
    40  may revoke the election to participate in the program.  For the calendar
    41  year  two  thousand twenty, such revocation of the employer election may
    42  be made on or before April fifteenth, two thousand twenty.  For calendar
    43  years beginning two thousand twenty-one and thereafter, such  revocation
    44  of the employer election must be made no later than January fifteenth of
    45  the immediately succeeding calendar year after the employer election was
    46  made.
    47    § 2. This act shall take effect immediately.
 
    48                                   PART Y
 
    49    Section  1.    Section 34 of part A3 of chapter 62 of the laws of 2003
    50  amending the general business law and other laws  relating  to  enacting
    51  major  components  necessary  to implement the state fiscal plan for the

        S. 7506--B                         102                        A. 9506--B
 
     1  2003-04 state fiscal year, as amended by section 14 of part H of chapter
     2  57 of the laws of 2017, is amended to read as follows:
     3    §  34.  (1) Notwithstanding any inconsistent provision of law, rule or
     4  regulation and effective April 1, 2008 through March  31,  [2020]  2023,
     5  the commissioner of health is authorized to transfer and the state comp-
     6  troller  is authorized and directed to receive for deposit to the credit
     7  of the department of health's special revenue fund - other, health  care
     8  reform  act  (HCRA) resources fund - 061, provider collection monitoring
     9  account, within amounts appropriated each year,  those  funds  collected
    10  and  accumulated  pursuant  to  section 2807-v of the public health law,
    11  including income from invested funds, for the  purpose  of  payment  for
    12  administrative  costs  of  the  department of health related to adminis-
    13  tration of  statutory  duties  for  the  collections  and  distributions
    14  authorized by section 2807-v of the public health law.
    15    (2)  Notwithstanding  any inconsistent provision of law, rule or regu-
    16  lation and effective April 1, 2008 through March 31,  [2020]  2023,  the
    17  commissioner  of  health  is  authorized to transfer and the state comp-
    18  troller is authorized and directed to receive for deposit to the  credit
    19  of  the department of health's special revenue fund - other, health care
    20  reform act (HCRA) resources fund - 061, provider  collection  monitoring
    21  account,  within  amounts  appropriated each year, those funds collected
    22  and accumulated and interest earned through surcharges on  payments  for
    23  health care services pursuant to section 2807-s of the public health law
    24  and from assessments pursuant to section 2807-t of the public health law
    25  for the purpose of payment for administrative costs of the department of
    26  health related to administration of statutory duties for the collections
    27  and  distributions  authorized by sections 2807-s, 2807-t, and 2807-m of
    28  the public health law.
    29    (3) Notwithstanding any inconsistent provision of law, rule  or  regu-
    30  lation  and  effective  April 1, 2008 through March 31, [2020] 2023, the
    31  commissioner of health is authorized to transfer and the comptroller  is
    32  authorized  to  deposit,  within  amounts  appropriated each year, those
    33  funds authorized for distribution in accordance with the  provisions  of
    34  paragraph  (a)  of  subdivision 1 of section 2807-l of the public health
    35  law for the purposes of payment for administrative costs of the  depart-
    36  ment  of  health  related  to  the  child  health insurance plan program
    37  authorized pursuant to title 1-A of article 25 of the public health  law
    38  into  the  special  revenue funds - other, health care reform act (HCRA)
    39  resources fund - 061, child health insurance account, established within
    40  the department of health.
    41    [(4) Notwithstanding any inconsistent provision of law, rule or  regu-
    42  lation  and  effective April 1, 2008 through March 31, 2020, the commis-
    43  sioner of health is  authorized  to  transfer  and  the  comptroller  is
    44  authorized  to  deposit,  within  amounts  appropriated each year, those
    45  funds authorized for distribution in accordance with the  provisions  of
    46  paragraph  (e)  of  subdivision 1 of section 2807-l of the public health
    47  law for the purpose of payment for administrative costs of  the  depart-
    48  ment  of  health  related to the health occupation development and work-
    49  place demonstration program established pursuant to section  2807-h  and
    50  the  health workforce retraining program established pursuant to section
    51  2807-g of the public health law into the special revenue funds -  other,
    52  health  care  reform  act (HCRA) resources fund - 061, health occupation
    53  development and workplace  demonstration  program  account,  established
    54  within the department of health.]
    55    (5)  Notwithstanding  any inconsistent provision of law, rule or regu-
    56  lation and effective April 1, 2008 through March 31,  [2020]  2023,  the

        S. 7506--B                         103                        A. 9506--B
 
     1  commissioner  of health is authorized to transfer and the comptroller is
     2  authorized to deposit, within  amounts  appropriated  each  year,  those
     3  funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
     4  2807-v  of the public health law for the purpose of payment for adminis-
     5  trative costs of the department of health related to  administration  of
     6  the state's tobacco control programs and cancer services provided pursu-
     7  ant  to  sections  2807-r and 1399-ii of the public health law into such
     8  accounts established within the department of health for such purposes.
     9    (6) Notwithstanding any inconsistent provision of law, rule  or  regu-
    10  lation  and  effective  April 1, 2008 through March 31, [2020] 2023, the
    11  commissioner of health is authorized to transfer and the comptroller  is
    12  authorized  to deposit, within amounts appropriated each year, the funds
    13  authorized for distribution in accordance with the provisions of section
    14  2807-l of the public health law for the purposes of payment for adminis-
    15  trative costs of the department of health related to the programs funded
    16  pursuant to section 2807-l of the public health  law  into  the  special
    17  revenue  funds  -  other, health care reform act (HCRA) resources fund -
    18  061, pilot health insurance account, established within  the  department
    19  of health.
    20    (7)  Notwithstanding  any inconsistent provision of law, rule or regu-
    21  lation and effective April 1, 2008 through March 31,  [2020]  2023,  the
    22  commissioner  of health is authorized to transfer and the comptroller is
    23  authorized to deposit, within  amounts  appropriated  each  year,  those
    24  funds  authorized  for distribution in accordance with the provisions of
    25  subparagraph (ii) of paragraph (f) of subdivision 19 of  section  2807-c
    26  of  the public health law from monies accumulated and interest earned in
    27  the bad debt and charity care and capital  statewide  pools  through  an
    28  assessment  charged  to  general hospitals pursuant to the provisions of
    29  subdivision 18 of section 2807-c of the  public  health  law  and  those
    30  funds  authorized  for distribution in accordance with the provisions of
    31  section 2807-l of the public health law for the purposes of payment  for
    32  administrative  costs  of  the  department of health related to programs
    33  funded under section 2807-l of the public health law  into  the  special
    34  revenue  funds  -  other, health care reform act (HCRA) resources fund -
    35  061, primary care initiatives account, established within the department
    36  of health.
    37    (8) Notwithstanding any inconsistent provision of law, rule  or  regu-
    38  lation  and  effective  April 1, 2008 through March 31, [2020] 2023, the
    39  commissioner of health is authorized to transfer and the comptroller  is
    40  authorized  to  deposit,  within  amounts  appropriated each year, those
    41  funds authorized for distribution in accordance with section  2807-l  of
    42  the  public  health  law  for the purposes of payment for administrative
    43  costs of the department of  health  related  to  programs  funded  under
    44  section 2807-l of the public health law into the special revenue funds -
    45  other,  health  care reform act (HCRA) resources fund - 061, health care
    46  delivery administration account, established within  the  department  of
    47  health.
    48    (9)  Notwithstanding  any inconsistent provision of law, rule or regu-
    49  lation and effective April 1, 2008 through March 31,  [2020]  2023,  the
    50  commissioner  of health is authorized to transfer and the comptroller is
    51  authorized to deposit, within  amounts  appropriated  each  year,  those
    52  funds  authorized  pursuant to sections 2807-d, 3614-a and 3614-b of the
    53  public health law and section 367-i of the social services law  and  for
    54  distribution  in  accordance  with  the  provisions  of subdivision 9 of
    55  section 2807-j of the public health law for the purpose of  payment  for
    56  administration of statutory duties for the collections and distributions

        S. 7506--B                         104                        A. 9506--B
 
     1  authorized  by  sections  2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
     2  and 3614-b of the public health law and  section  367-i  of  the  social
     3  services  law into the special revenue funds - other, health care reform
     4  act (HCRA) resources fund - 061, provider collection monitoring account,
     5  established within the department of health.
     6    §  2.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
     7  section 2807-j of the public health law, as amended by section 5 of part
     8  H of chapter 57 of the laws of 2017, are amended to read as follows:
     9    (iv) seven hundred sixty-five million dollars annually  of  the  funds
    10  accumulated for the periods January first, two thousand through December
    11  thirty-first, two thousand [nineteen] twenty-two, and
    12    (v)  one hundred ninety-one million two hundred fifty thousand dollars
    13  of the funds accumulated for the  period  January  first,  two  thousand
    14  [twenty]  twenty-three through March thirty-first, two thousand [twenty]
    15  twenty-three.
    16    § 3.  Subdivision 5 of section 168 of chapter 639 of the laws of 1996,
    17  constituting the New York Health Care Reform Act of 1996, as amended  by
    18  section  1  of  part  H of chapter 57 of the laws of 2017, is amended to
    19  read as follows:
    20    5. sections 2807-c, 2807-j, 2807-s and 2807-t  of  the  public  health
    21  law,  as  amended  or as added by this act, shall expire on December 31,
    22  [2020] 2023, and shall be thereafter effective only in  respect  to  any
    23  act  done  on or before such date or action or proceeding arising out of
    24  such act including continued collections of funds from  assessments  and
    25  allowances  and  surcharges  established  pursuant  to  sections 2807-c,
    26  2807-j, 2807-s and 2807-t of the public health law,  and  administration
    27  and  distributions  of funds from pools established pursuant to sections
    28  2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
    29  health  law  related  to  patient  services provided before December 31,
    30  [2020] 2023, and continued expenditure of funds authorized for  programs
    31  and grants until the exhaustion of funds therefor;
    32    §  4.   Subdivision 1 of section 138 of chapter 1 of the laws of 1999,
    33  constituting the New York Health Care Reform Act of 2000, as amended  by
    34  section  2  of  part  H of chapter 57 of the laws of 2017, is amended to
    35  read as follows:
    36    1. sections 2807-c, 2807-j, 2807-s, and 2807-t of  the  public  health
    37  law,  as  amended by this act, shall expire on December 31, [2020] 2023,
    38  and shall be thereafter effective only in respect to any act done before
    39  such date or action or proceeding arising  out  of  such  act  including
    40  continued  collections  of  funds  from  assessments  and allowances and
    41  surcharges established pursuant to sections 2807-c, 2807-j,  2807-s  and
    42  2807-t of the public health law, and administration and distributions of
    43  funds  from  pools  established  pursuant  to  sections  2807-c, 2807-j,
    44  2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the  public
    45  health law, as amended or added by this act, related to patient services
    46  provided  before  December 31, [2020] 2023, and continued expenditure of
    47  funds authorized for programs and grants until the exhaustion  of  funds
    48  therefor;
    49    §  5.   Section 2807-l of the public health law, as amended by section
    50  21 of part H of chapter 57 of the laws of 2017, is amended  to  read  as
    51  follows:
    52    § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
    53  lated  in the health care initiatives pools pursuant to paragraph (b) of
    54  subdivision nine of section twenty-eight hundred seven-j of  this  arti-
    55  cle,  or  the  health  care reform act (HCRA) resources fund established
    56  pursuant to section ninety-two-dd of the state finance law, whichever is

        S. 7506--B                         105                        A. 9506--B
 
     1  applicable, including income from invested funds, shall  be  distributed
     2  or retained by the commissioner or by the state comptroller, as applica-
     3  ble, in accordance with the following.
     4    (a)  Funds  shall  be  reserved  and accumulated from year to year and
     5  shall be available, including income from invested funds,  for  purposes
     6  of  distributions  to programs to provide health care coverage for unin-
     7  sured or underinsured children pursuant to sections twenty-five  hundred
     8  ten  and  twenty-five hundred eleven of this chapter from the respective
     9  health care initiatives pools established for the following  periods  in
    10  the following amounts:
    11    (i) from the pool for the period January first, nineteen hundred nine-
    12  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    13  up to one hundred twenty million six hundred thousand dollars;
    14    (ii) from the pool for the  period  January  first,  nineteen  hundred
    15  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    16  eight, up to  one  hundred  sixty-four  million  five  hundred  thousand
    17  dollars;
    18    (iii)  from  the  pool  for the period January first, nineteen hundred
    19  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    20  up to one hundred eighty-one million dollars;
    21    (iv) from the pool for the period January first, two thousand  through
    22  December thirty-first, two thousand, two hundred seven million dollars;
    23    (v)  from  the  pool  for  the  period January first, two thousand one
    24  through December thirty-first, two thousand one, two hundred thirty-five
    25  million dollars;
    26    (vi) from the pool for the period  January  first,  two  thousand  two
    27  through  December  thirty-first, two thousand two, three hundred twenty-
    28  four million dollars;
    29    (vii) from the pool for the period January first, two  thousand  three
    30  through  December  thirty-first,  two thousand three, up to four hundred
    31  fifty million three hundred thousand dollars;
    32    (viii) from the pool for the period January first, two  thousand  four
    33  through  December  thirty-first,  two  thousand four, up to four hundred
    34  sixty million nine hundred thousand dollars;
    35    (ix) from the pool or the health  care  reform  act  (HCRA)  resources
    36  fund,  whichever  is applicable, for the period January first, two thou-
    37  sand five through December thirty-first, two thousand five,  up  to  one
    38  hundred fifty-three million eight hundred thousand dollars;
    39    (x)  from  the  health  care  reform act (HCRA) resources fund for the
    40  period January first, two thousand six  through  December  thirty-first,
    41  two  thousand  six, up to three hundred twenty-five million four hundred
    42  thousand dollars;
    43    (xi) from the health care reform act (HCRA)  resources  fund  for  the
    44  period  January first, two thousand seven through December thirty-first,
    45  two thousand seven, up to four hundred twenty-eight  million  fifty-nine
    46  thousand dollars;
    47    (xii)  from  the  health care reform act (HCRA) resources fund for the
    48  period January first, two thousand eight through December  thirty-first,
    49  two  thousand  ten,  up  to four hundred fifty-three million six hundred
    50  seventy-four thousand dollars annually;
    51    (xiii) from the health care reform act (HCRA) resources fund  for  the
    52  period  January  first, two thousand eleven, through March thirty-first,
    53  two thousand eleven, up to one hundred  thirteen  million  four  hundred
    54  eighteen thousand dollars;
    55    (xiv)  from  the  health care reform act (HCRA) resources fund for the
    56  period April first, two thousand eleven, through March thirty-first, two

        S. 7506--B                         106                        A. 9506--B
 
     1  thousand twelve, up to three hundred twenty-four million  seven  hundred
     2  forty-four thousand dollars;
     3    (xv)  from  the  health  care reform act (HCRA) resources fund for the
     4  period April first, two thousand twelve, through March thirty-first, two
     5  thousand thirteen, up to three hundred forty-six  million  four  hundred
     6  forty-four thousand dollars;
     7    (xvi)  from  the  health care reform act (HCRA) resources fund for the
     8  period April first, two thousand thirteen, through  March  thirty-first,
     9  two  thousand  fourteen, up to three hundred seventy million six hundred
    10  ninety-five thousand dollars; and
    11    (xvii) from the health care reform act (HCRA) resources fund for  each
    12  state  fiscal  year  for  periods on and after April first, two thousand
    13  fourteen, within amounts appropriated.
    14    (b) Funds shall be reserved and accumulated  from  year  to  year  and
    15  shall  be  available, including income from invested funds, for purposes
    16  of distributions for health  insurance  programs  under  the  individual
    17  subsidy programs established pursuant to the expanded health care cover-
    18  age  act of nineteen hundred eighty-eight as amended, and for evaluation
    19  of such programs from the respective health care  initiatives  pools  or
    20  the  health care reform act (HCRA) resources fund, whichever is applica-
    21  ble, established for the following periods in the following amounts:
    22    (i) (A) an amount not to exceed six million dollars on  an  annualized
    23  basis  for  the  periods  January  first,  nineteen hundred ninety-seven
    24  through December thirty-first, nineteen hundred ninety-nine; up  to  six
    25  million  dollars  for  the  period  January  first, two thousand through
    26  December thirty-first, two thousand; up to five million dollars for  the
    27  period  January  first,  two thousand one through December thirty-first,
    28  two thousand one; up to four million  dollars  for  the  period  January
    29  first, two thousand two through December thirty-first, two thousand two;
    30  up  to  two  million six hundred thousand dollars for the period January
    31  first, two thousand three through December  thirty-first,  two  thousand
    32  three;  up  to one million three hundred thousand dollars for the period
    33  January first, two thousand  four  through  December  thirty-first,  two
    34  thousand four; up to six hundred seventy thousand dollars for the period
    35  January  first,  two  thousand five through June thirtieth, two thousand
    36  five; up to one million three hundred thousand dollars  for  the  period
    37  April  first,  two thousand six through March thirty-first, two thousand
    38  seven; and up to one million three hundred thousand dollars annually for
    39  the period April first, two thousand seven through  March  thirty-first,
    40  two  thousand  nine,  shall be allocated to individual subsidy programs;
    41  and
    42    (B) an amount not to exceed seven million  dollars  on  an  annualized
    43  basis  for the periods during the period January first, nineteen hundred
    44  ninety-seven through December thirty-first, nineteen hundred ninety-nine
    45  and four million dollars annually for the  periods  January  first,  two
    46  thousand  through  December  thirty-first,  two  thousand two, and three
    47  million dollars for the period January first, two thousand three through
    48  December thirty-first, two thousand three, and two million  dollars  for
    49  the  period  January  first,  two thousand four through December thirty-
    50  first, two thousand four, and two million dollars for the period January
    51  first, two thousand five through June thirtieth, two thousand five shall
    52  be allocated to the catastrophic health care expense program.
    53    (ii) Notwithstanding any law to the contrary, the characterizations of
    54  the New York state small business health insurance  partnership  program
    55  as  in  effect  prior  to  June  thirtieth,  two thousand three, voucher
    56  program as in effect prior to December thirty-first, two  thousand  one,

        S. 7506--B                         107                        A. 9506--B
 
     1  individual  subsidy  program  as  in effect prior to June thirtieth, two
     2  thousand five, and catastrophic  health  care  expense  program,  as  in
     3  effect prior to June thirtieth, two thousand five, may, for the purposes
     4  of  identifying  matching funds for the community health care conversion
     5  demonstration project described in a waiver of the provisions  of  title
     6  XIX  of the federal social security act granted to the state of New York
     7  and dated July fifteenth, nineteen hundred ninety-seven, may continue to
     8  be used to characterize the insurance programs in sections four thousand
     9  three hundred twenty-one-a, four thousand  three  hundred  twenty-two-a,
    10  four  thousand  three hundred twenty-six and four thousand three hundred
    11  twenty-seven of the insurance law, which are successor programs to these
    12  programs.
    13    (c) Up to seventy-eight million dollars shall be reserved and  accumu-
    14  lated  from  year  to  year  from the pool for the period January first,
    15  nineteen hundred ninety-seven through  December  thirty-first,  nineteen
    16  hundred  ninety-seven,  for  purposes  of  public health programs, up to
    17  seventy-six million dollars shall be reserved and accumulated from  year
    18  to  year  from the pools for the periods January first, nineteen hundred
    19  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    20  eight  and  January first, nineteen hundred ninety-nine through December
    21  thirty-first, nineteen hundred ninety-nine, up  to  eighty-four  million
    22  dollars  shall  be  reserved  and accumulated from year to year from the
    23  pools for the period January first, two thousand through December  thir-
    24  ty-first,  two  thousand,  up  to  eighty-five  million dollars shall be
    25  reserved and accumulated from year to year from the pools for the period
    26  January first, two thousand one through December thirty-first, two thou-
    27  sand one, up to eighty-six million dollars shall be reserved and accumu-
    28  lated from year to year from the pools for the period January first, two
    29  thousand two through December thirty-first,  two  thousand  two,  up  to
    30  eighty-six  million one hundred fifty thousand dollars shall be reserved
    31  and accumulated from year to year from the pools for the period  January
    32  first,  two  thousand  three through December thirty-first, two thousand
    33  three, up to fifty-eight million seven hundred eighty  thousand  dollars
    34  shall  be  reserved and accumulated from year to year from the pools for
    35  the period January first, two thousand  four  through  December  thirty-
    36  first, two thousand four, up to sixty-eight million seven hundred thirty
    37  thousand  dollars  shall  be  reserved and accumulated from year to year
    38  from the pools or the health care  reform  act  (HCRA)  resources  fund,
    39  whichever is applicable, for the period January first, two thousand five
    40  through  December  thirty-first,  two  thousand  five, up to ninety-four
    41  million three hundred fifty thousand dollars shall be reserved and accu-
    42  mulated from year to  year  from  the  health  care  reform  act  (HCRA)
    43  resources  fund  for  the period January first, two thousand six through
    44  December thirty-first, two thousand six,  up  to  seventy  million  nine
    45  hundred  thirty-nine  thousand dollars shall be reserved and accumulated
    46  from year to year from the health care reform act (HCRA) resources  fund
    47  for  the period January first, two thousand seven through December thir-
    48  ty-first, two thousand seven,  up  to  fifty-five  million  six  hundred
    49  eighty-nine  thousand dollars annually shall be reserved and accumulated
    50  from year to year from the health care reform act (HCRA) resources  fund
    51  for  the period January first, two thousand eight through December thir-
    52  ty-first, two thousand ten, up to thirteen million nine hundred  twenty-
    53  two thousand dollars shall be reserved and accumulated from year to year
    54  from  the  health  care  reform act (HCRA) resources fund for the period
    55  January first, two thousand eleven through March thirty-first, two thou-
    56  sand eleven, and for periods on and  after  April  first,  two  thousand

        S. 7506--B                         108                        A. 9506--B
 
     1  eleven,  up  to  funding amounts specified below and shall be available,
     2  including income from invested funds, for:
     3    (i)  deposit by the commissioner, within amounts appropriated, and the
     4  state comptroller is hereby  authorized  and  directed  to  receive  for
     5  deposit  to, to the credit of the department of health's special revenue
     6  fund - other, hospital based grants program account or the  health  care
     7  reform  act (HCRA) resources fund, whichever is applicable, for purposes
     8  of services  and  expenses  related  to  general  hospital  based  grant
     9  programs,  up  to  twenty-two million dollars annually from the nineteen
    10  hundred ninety-seven pool, nineteen hundred ninety-eight pool,  nineteen
    11  hundred  ninety-nine  pool, two thousand pool, two thousand one pool and
    12  two thousand two pool, respectively, up to  twenty-two  million  dollars
    13  from  the  two  thousand  three  pool, up to ten million dollars for the
    14  period January first, two thousand four through  December  thirty-first,
    15  two  thousand  four, up to eleven million dollars for the period January
    16  first, two thousand five through  December  thirty-first,  two  thousand
    17  five, up to twenty-two million dollars for the period January first, two
    18  thousand  six  through  December  thirty-first,  two thousand six, up to
    19  twenty-two million ninety-seven thousand dollars annually for the period
    20  January first, two thousand seven  through  December  thirty-first,  two
    21  thousand  ten,  up  to  five  million  five hundred twenty-four thousand
    22  dollars for the period January first, two thousand eleven through  March
    23  thirty-first,  two  thousand eleven, up to thirteen million four hundred
    24  forty-five thousand dollars for the period  April  first,  two  thousand
    25  eleven  through March thirty-first, two thousand twelve, and up to thir-
    26  teen million three hundred  seventy-five  thousand  dollars  each  state
    27  fiscal  year  for  the  period  April first, two thousand twelve through
    28  March thirty-first, two thousand fourteen;
    29    (ii) deposit by the commissioner, within amounts appropriated, and the
    30  state comptroller is hereby  authorized  and  directed  to  receive  for
    31  deposit  to,  to  the  credit of the emergency medical services training
    32  account established in section ninety-seven-q of the state  finance  law
    33  or the health care reform act (HCRA) resources fund, whichever is appli-
    34  cable,  up  to  sixteen  million  dollars on an annualized basis for the
    35  periods January first, nineteen hundred  ninety-seven  through  December
    36  thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
    37  for  the  period  January  first,  two thousand through December thirty-
    38  first, two thousand, up to twenty-one million  dollars  for  the  period
    39  January first, two thousand one through December thirty-first, two thou-
    40  sand one, up to twenty-two million dollars for the period January first,
    41  two  thousand two through December thirty-first, two thousand two, up to
    42  twenty-two million five hundred fifty thousand dollars  for  the  period
    43  January  first,  two  thousand  three through December thirty-first, two
    44  thousand three, up to nine million six hundred eighty  thousand  dollars
    45  for  the  period January first, two thousand four through December thir-
    46  ty-first, two thousand four, up to twelve  million  one  hundred  thirty
    47  thousand dollars for the period January first, two thousand five through
    48  December  thirty-first, two thousand five, up to twenty-four million two
    49  hundred fifty thousand dollars for the period January first,  two  thou-
    50  sand  six  through December thirty-first, two thousand six, up to twenty
    51  million four hundred ninety-two thousand dollars annually for the period
    52  January first, two thousand seven  through  December  thirty-first,  two
    53  thousand  ten,  up  to  five  million  one hundred twenty-three thousand
    54  dollars for the period January first, two thousand eleven through  March
    55  thirty-first,  two thousand eleven, up to eighteen million three hundred
    56  fifty thousand dollars for the period April first, two  thousand  eleven

        S. 7506--B                         109                        A. 9506--B
 
     1  through  March thirty-first, two thousand twelve, up to eighteen million
     2  nine hundred fifty thousand dollars for  the  period  April  first,  two
     3  thousand twelve through March thirty-first, two thousand thirteen, up to
     4  nineteen  million  four hundred nineteen thousand dollars for the period
     5  April first, two thousand thirteen through March thirty-first, two thou-
     6  sand fourteen, and up to nineteen million six hundred  fifty-nine  thou-
     7  sand  seven  hundred  dollars  each  state fiscal year for the period of
     8  April first, two thousand fourteen through March thirty-first, two thou-
     9  sand [twenty] twenty-three;
    10    (iii) priority distributions by  the  commissioner  up  to  thirty-two
    11  million dollars on an annualized basis for the period January first, two
    12  thousand  through  December thirty-first, two thousand four, up to thir-
    13  ty-eight million dollars on an annualized basis for the  period  January
    14  first,  two  thousand  five  through December thirty-first, two thousand
    15  six, up to eighteen million two hundred fifty thousand dollars  for  the
    16  period  January first, two thousand seven through December thirty-first,
    17  two thousand seven, up to three million dollars annually for the  period
    18  January  first,  two  thousand  eight through December thirty-first, two
    19  thousand ten, up to seven hundred fifty thousand dollars for the  period
    20  January first, two thousand eleven through March thirty-first, two thou-
    21  sand  eleven, up to two million nine hundred thousand dollars each state
    22  fiscal year for the period April  first,  two  thousand  eleven  through
    23  March  thirty-first,  two  thousand fourteen, and up to two million nine
    24  hundred thousand dollars each state fiscal year  for  the  period  April
    25  first,  two  thousand  fourteen through March thirty-first, two thousand
    26  [twenty] twenty-three to be allocated (A) for the  purposes  established
    27  pursuant  to  subparagraph (ii) of paragraph (f) of subdivision nineteen
    28  of section twenty-eight hundred seven-c of this article as in effect  on
    29  December thirty-first, nineteen hundred ninety-six and as may thereafter
    30  be amended, up to fifteen million dollars annually for the periods Janu-
    31  ary  first,  two  thousand  through  December thirty-first, two thousand
    32  four, up to twenty-one million dollars annually for the  period  January
    33  first,  two  thousand  five  through December thirty-first, two thousand
    34  six, and up to seven million five hundred thousand dollars for the peri-
    35  od January first, two thousand seven  through  March  thirty-first,  two
    36  thousand seven;
    37    (B)  pursuant  to  a  memorandum  of understanding entered into by the
    38  commissioner, the majority leader of the senate and the speaker  of  the
    39  assembly,  for  the purposes outlined in such memorandum upon the recom-
    40  mendation of the majority leader  of the senate,  up  to  eight  million
    41  five hundred thousand dollars annually for the period January first, two
    42  thousand through December thirty-first, two thousand six, and up to four
    43  million two hundred fifty thousand dollars for the period January first,
    44  two  thousand  seven through June thirtieth, two thousand seven, and for
    45  the purposes outlined in such memorandum upon the recommendation of  the
    46  speaker  of  the  assembly,  up  to  eight million five hundred thousand
    47  dollars annually for the periods January  first,  two  thousand  through
    48  December  thirty-first,  two  thousand  six,  and up to four million two
    49  hundred fifty thousand dollars for the period January first,  two  thou-
    50  sand seven through June thirtieth, two thousand seven; and
    51    (C)  for services and expenses, including grants, related to emergency
    52  assistance distributions as designated by the  commissioner.    Notwith-
    53  standing  section  one  hundred twelve or one hundred sixty-three of the
    54  state finance law or any other contrary provision of law, such  distrib-
    55  utions shall be limited to providers or programs where, as determined by
    56  the  commissioner,  emergency assistance is vital to protect the life or

        S. 7506--B                         110                        A. 9506--B
 
     1  safety of patients, to ensure the retention of  facility  caregivers  or
     2  other  staff, or in instances where health facility operations are jeop-
     3  ardized, or where the public health is jeopardized  or  other  emergency
     4  situations  exist,  up  to three million dollars annually for the period
     5  April first, two thousand seven through March thirty-first, two thousand
     6  eleven, up to two million  nine  hundred  thousand  dollars  each  state
     7  fiscal  year  for  the  period  April first, two thousand eleven through
     8  March thirty-first, two  thousand  fourteen,  up  to  two  million  nine
     9  hundred  thousand  dollars  each  state fiscal year for the period April
    10  first, two thousand fourteen through March  thirty-first,  two  thousand
    11  seventeen,  [and]  up  to two million nine hundred thousand dollars each
    12  state fiscal year for the period April  first,  two  thousand  seventeen
    13  through  March  thirty-first, two thousand twenty, and up to two million
    14  nine hundred thousand dollars each state  fiscal  year  for  the  period
    15  April  first,  two thousand twenty through March thirty-first, two thou-
    16  sand twenty-three. Upon any distribution of such funds, the commissioner
    17  shall immediately notify the chair and ranking minority  member  of  the
    18  senate  finance  committee,  the  assembly ways and means committee, the
    19  senate committee on health, and the assembly committee on health;
    20    (iv) distributions by  the  commissioner  related  to  poison  control
    21  centers  pursuant  to subdivision seven of section twenty-five hundred-d
    22  of this chapter, up to five  million  dollars  for  the  period  January
    23  first,  nineteen  hundred  ninety-seven  through  December thirty-first,
    24  nineteen hundred ninety-seven, up to three million dollars on an annual-
    25  ized basis for the periods during the  period  January  first,  nineteen
    26  hundred  ninety-eight  through  December  thirty-first, nineteen hundred
    27  ninety-nine, up to five million dollars annually for the periods January
    28  first, two thousand through December thirty-first, two thousand two,  up
    29  to  four  million  six hundred thousand dollars annually for the periods
    30  January first, two thousand three  through  December  thirty-first,  two
    31  thousand  four,  up to five million one hundred thousand dollars for the
    32  period January first, two thousand five through  December  thirty-first,
    33  two  thousand  six  annually,  up  to  five million one hundred thousand
    34  dollars annually for  the  period  January  first,  two  thousand  seven
    35  through  December  thirty-first,  two thousand nine, up to three million
    36  six hundred thousand dollars for the period January first, two  thousand
    37  ten through December thirty-first, two thousand ten, up to seven hundred
    38  seventy-five thousand dollars for the period January first, two thousand
    39  eleven  through  March  thirty-first,  two  thousand  eleven,  up to two
    40  million five hundred thousand dollars each state  fiscal  year  for  the
    41  period  April first, two thousand eleven through March thirty-first, two
    42  thousand fourteen, up to three million dollars each  state  fiscal  year
    43  for  the period April first, two thousand fourteen through March thirty-
    44  first, two thousand seventeen, [and] up to three  million  dollars  each
    45  state  fiscal  year  for  the period April first, two thousand seventeen
    46  through March thirty-first, two thousand twenty, and up to three million
    47  dollars each state fiscal year for the period April first, two  thousand
    48  twenty through March thirty-first, two thousand twenty-three; and
    49    (v)  deposit by the commissioner, within amounts appropriated, and the
    50  state comptroller is hereby  authorized  and  directed  to  receive  for
    51  deposit  to, to the credit of the department of health's special revenue
    52  fund - other, miscellaneous special revenue  fund  -  339  maternal  and
    53  child  HIV  services  account  or  the  health  care  reform  act (HCRA)
    54  resources fund, whichever is  applicable,  for  purposes  of  a  special
    55  program  for  HIV services for women and children, including adolescents
    56  pursuant to section twenty-five hundred-f-one of  this  chapter,  up  to

        S. 7506--B                         111                        A. 9506--B
 
     1  five  million  dollars annually for the periods January first, two thou-
     2  sand through December thirty-first, two thousand two, up to five million
     3  dollars for the period January first, two thousand three through  Decem-
     4  ber  thirty-first,  two  thousand  three, up to two million five hundred
     5  thousand dollars for the period January first, two thousand four through
     6  December thirty-first, two thousand four, up to two million five hundred
     7  thousand dollars for the period January first, two thousand five through
     8  December thirty-first, two thousand five, up to five million dollars for
     9  the period January first, two  thousand  six  through  December  thirty-
    10  first,  two  thousand  six,  up to five million dollars annually for the
    11  period January first, two thousand seven through December  thirty-first,
    12  two  thousand  ten, up to one million two hundred fifty thousand dollars
    13  for the period January first, two thousand eleven through March  thirty-
    14  first,  two  thousand  eleven, and up to five million dollars each state
    15  fiscal year for the period April  first,  two  thousand  eleven  through
    16  March thirty-first, two thousand fourteen;
    17    (d)  (i)  An  amount  of up to twenty million dollars annually for the
    18  period January first, two thousand through  December  thirty-first,  two
    19  thousand  six,  up  to ten million dollars for the period January first,
    20  two thousand seven through June thirtieth, two  thousand  seven,  up  to
    21  twenty  million dollars annually for the period January first, two thou-
    22  sand eight through December thirty-first, two thousand ten, up  to  five
    23  million  dollars  for  the  period  January  first,  two thousand eleven
    24  through March thirty-first, two thousand eleven, up to nineteen  million
    25  six hundred thousand dollars each state fiscal year for the period April
    26  first,  two  thousand  eleven  through  March thirty-first, two thousand
    27  fourteen, up to nineteen million six hundred thousand dollars each state
    28  fiscal year for the period April first, two  thousand  fourteen  through
    29  March thirty-first, two thousand seventeen, [and] up to nineteen million
    30  six  hundred  thousand  dollars each state fiscal year for the period of
    31  April first, two thousand  seventeen  through  March  thirty-first,  two
    32  thousand twenty, and up to nineteen million six hundred thousand dollars
    33  each state fiscal year for the period of April first, two thousand twen-
    34  ty  through  March  thirty-first,  two  thousand  twenty-three, shall be
    35  transferred to the health facility restructuring pool established pursu-
    36  ant to section twenty-eight hundred fifteen of this article;
    37    (ii) provided, however, amounts transferred pursuant  to  subparagraph
    38  (i)  of this paragraph may be reduced in an amount to be approved by the
    39  director of the budget to reflect the amount received from  the  federal
    40  government  under  the  state's  1115 waiver which is directed under its
    41  terms and conditions to the health facility restructuring program.
    42    (e) Funds shall be reserved and accumulated  from  year  to  year  and
    43  shall  be available,  including income from invested funds, for purposes
    44  of distributions  to  organizations  to  support  the  health  workforce
    45  retraining  program established pursuant to section twenty-eight hundred
    46  seven-g of this  article from the  respective  health  care  initiatives
    47  pools  established  for  the  following periods in the following amounts
    48  from the pools or the health care  reform  act  (HCRA)  resources  fund,
    49  whichever  is  applicable,  during  the  period  January first, nineteen
    50  hundred ninety-seven through  December  thirty-first,  nineteen  hundred
    51  ninety-nine,  up  to fifty million dollars on an annualized basis, up to
    52  thirty million dollars  for  the  period  January  first,  two  thousand
    53  through December thirty-first, two thousand, up to forty million dollars
    54  for  the period January first, two thousand one through December thirty-
    55  first, two thousand one, up to fifty  million  dollars  for  the  period
    56  January first, two thousand two through December thirty-first, two thou-

        S. 7506--B                         112                        A. 9506--B
 
     1  sand two, up to forty-one million one hundred fifty thousand dollars for
     2  the  period  January  first, two thousand three through December thirty-
     3  first, two thousand three, up to forty-one  million  one  hundred  fifty
     4  thousand dollars for the period January first, two thousand four through
     5  December  thirty-first,  two  thousand  four,  up to fifty-eight million
     6  three hundred sixty thousand dollars for the period January  first,  two
     7  thousand  five  through  December thirty-first, two thousand five, up to
     8  fifty-two million three hundred sixty thousand dollars  for  the  period
     9  January first, two thousand six through December thirty-first, two thou-
    10  sand  six, up to thirty-five million four hundred thousand dollars annu-
    11  ally for the period January first, two thousand seven  through  December
    12  thirty-first,  two thousand ten, up to eight million eight hundred fifty
    13  thousand dollars for the  period  January  first,  two  thousand  eleven
    14  through  March  thirty-first,  two  thousand  eleven, up to twenty-eight
    15  million four hundred thousand dollars each state  fiscal  year  for  the
    16  period  April first, two thousand eleven through March thirty-first, two
    17  thousand fourteen, up to  twenty-six  million  eight  hundred  seventeen
    18  thousand  dollars each state fiscal year for the period April first, two
    19  thousand fourteen through March thirty-first,  two  thousand  seventeen,
    20  [and]  up to twenty-six million eight hundred seventeen thousand dollars
    21  each state fiscal year for the period April first, two  thousand  seven-
    22  teen  through March thirty-first, two thousand twenty, and up to twenty-
    23  six million eight hundred seventeen thousand dollars each  state  fiscal
    24  year for the period April first, two thousand twenty through March thir-
    25  ty-first,  two thousand twenty-three, less the amount of funds available
    26  for allocations for rate adjustments for workforce training programs for
    27  payments by state governmental agencies for inpatient hospital services.
    28    (f) Funds shall be accumulated and transferred from as follows:
    29    (i) from the pool for the period January first, nineteen hundred nine-
    30  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    31  (A)  thirty-four  million   six hundred thousand dollars shall be trans-
    32  ferred to funds reserved and accumulated pursuant to  paragraph  (b)  of
    33  subdivision  nineteen  of  section  twenty-eight hundred seven-c of this
    34  article, and (B) eighty-two million dollars  shall  be  transferred  and
    35  deposited  and  credited to the credit of the state general fund medical
    36  assistance local assistance account;
    37    (ii) from the pool for the  period  January  first,  nineteen  hundred
    38  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    39  eight, eighty-two million dollars shall be transferred and deposited and
    40  credited to the credit of the  state  general  fund  medical  assistance
    41  local assistance account;
    42    (iii)  from  the  pool  for the period January first, nineteen hundred
    43  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    44  eighty-two million dollars shall be transferred and deposited and  cred-
    45  ited  to  the  credit of the state general fund medical assistance local
    46  assistance account;
    47    (iv) from the pool or the health  care  reform  act  (HCRA)  resources
    48  fund,  whichever  is applicable, for the period January first, two thou-
    49  sand  through  December  thirty-first,  two  thousand  four,  eighty-two
    50  million dollars annually, and for the period January first, two thousand
    51  five  through  December  thirty-first,  two  thousand  five,  eighty-two
    52  million dollars, and for the period  January  first,  two  thousand  six
    53  through  December  thirty-first,  two  thousand  six, eighty-two million
    54  dollars, and for the period January first, two  thousand  seven  through
    55  December  thirty-first,  two thousand seven, eighty-two million dollars,
    56  and for the period January first, two thousand  eight  through  December

        S. 7506--B                         113                        A. 9506--B
 
     1  thirty-first,  two thousand eight, ninety million seven hundred thousand
     2  dollars shall be deposited by the  commissioner,  and  the  state  comp-
     3  troller  is hereby authorized and directed to receive for deposit to the
     4  credit  of  the  state special revenue fund - other, HCRA transfer fund,
     5  medical assistance account;
     6    (v) from the health care reform act  (HCRA)  resources  fund  for  the
     7  period  January  first, two thousand nine through December thirty-first,
     8  two thousand nine, one hundred eight million nine  hundred  seventy-five
     9  thousand  dollars,  and  for  the period January first, two thousand ten
    10  through December thirty-first, two thousand ten, one hundred  twenty-six
    11  million  one hundred thousand dollars, for the period January first, two
    12  thousand eleven through March thirty-first, two thousand eleven,  twenty
    13  million  five  hundred  thousand dollars, and for each state fiscal year
    14  for the period April first, two thousand eleven  through  March  thirty-
    15  first, two thousand fourteen, one hundred forty-six million four hundred
    16  thousand  dollars, shall be deposited by the commissioner, and the state
    17  comptroller is hereby authorized and directed to receive for deposit, to
    18  the credit of the state special revenue  fund  -  other,  HCRA  transfer
    19  fund, medical assistance account.
    20    (g)  Funds  shall be transferred to primary health care services pools
    21  created by the commissioner, and shall be  available,  including  income
    22  from invested funds, for distributions in accordance with former section
    23  twenty-eight hundred seven-bb of this article from the respective health
    24  care  initiatives  pools  for  the  following  periods  in the following
    25  percentage amounts of funds remaining after  allocations  in  accordance
    26  with paragraphs (a) through (f) of this subdivision:
    27    (i) from the pool for the period January first, nineteen hundred nine-
    28  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    29  fifteen and eighty-seven-hundredths percent;
    30    (ii) from the pool for the  period  January  first,  nineteen  hundred
    31  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    32  eight, fifteen and eighty-seven-hundredths percent; and
    33    (iii) from the pool for the period  January  first,  nineteen  hundred
    34  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    35  sixteen and thirteen-hundredths percent.
    36    (h)  Funds  shall be reserved and accumulated from year to year by the
    37  commissioner and shall be  available,  including  income  from  invested
    38  funds,  for  purposes of primary care education and training pursuant to
    39  article nine of this chapter from the respective health care initiatives
    40  pools established for the following periods in the following  percentage
    41  amounts  of  funds  remaining after allocations in accordance with para-
    42  graphs (a) through (f) of this subdivision and shall  be  available  for
    43  distributions as follows:
    44    (i) funds shall be reserved and accumulated:
    45    (A) from the pool for the period January first, nineteen hundred nine-
    46  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    47  six and thirty-five-hundredths percent;
    48    (B) from the pool for the period January first, nineteen hundred nine-
    49  ty-eight through December thirty-first, nineteen  hundred  ninety-eight,
    50  six and thirty-five-hundredths percent; and
    51    (C) from the pool for the period January first, nineteen hundred nine-
    52  ty-nine through December thirty-first, nineteen hundred ninety-nine, six
    53  and forty-five-hundredths percent;
    54    (ii)  funds shall be available for distributions including income from
    55  invested funds as follows:

        S. 7506--B                         114                        A. 9506--B
 
     1    (A) for purposes of the primary care physician loan repayment  program
     2  in  accordance  with  section  nine hundred three of this chapter, up to
     3  five million dollars on an annualized basis;
     4    (B)  for purposes of the primary care practitioner scholarship program
     5  in accordance with section nine hundred four of this chapter, up to  two
     6  million dollars on an annualized basis;
     7    (C) for purposes of minority participation in medical education grants
     8  in  accordance  with section nine hundred six of this chapter, up to one
     9  million dollars on an annualized basis; and
    10    (D) provided, however, that the commissioner may reallocate any  funds
    11  remaining  or unallocated for distributions for the primary care practi-
    12  tioner scholarship program in accordance with section nine hundred  four
    13  of this chapter.
    14    (i)  Funds  shall  be  reserved  and accumulated from year to year and
    15  shall be available, including income from invested funds,  for  distrib-
    16  utions  in  accordance  with  section  twenty-nine hundred fifty-two and
    17  section twenty-nine hundred fifty-eight of this chapter for rural health
    18  care delivery development and  rural  health  care  access  development,
    19  respectively,  from  the respective health care initiatives pools or the
    20  health care reform act (HCRA) resources fund, whichever  is  applicable,
    21  for  the  following periods in the following percentage amounts of funds
    22  remaining after allocations in accordance with  paragraphs  (a)  through
    23  (f) of this subdivision, and for periods on and after January first, two
    24  thousand, in the following amounts:
    25    (i) from the pool for the period January first, nineteen hundred nine-
    26  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    27  thirteen and forty-nine-hundredths percent;
    28    (ii) from the pool for the  period  January  first,  nineteen  hundred
    29  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    30  eight, thirteen and forty-nine-hundredths percent;
    31    (iii) from the pool for the period  January  first,  nineteen  hundred
    32  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    33  thirteen and seventy-one-hundredths percent;
    34    (iv) from the pool for the periods January first, two thousand through
    35  December thirty-first, two thousand two, seventeen million dollars annu-
    36  ally,  and  for  the  period  January  first, two thousand three through
    37  December thirty-first, two thousand three, up to fifteen  million  eight
    38  hundred fifty thousand dollars;
    39    (v) from the pool or the health care reform act (HCRA) resources fund,
    40  whichever is applicable, for the period January first, two thousand four
    41  through  December thirty-first, two thousand four, up to fifteen million
    42  eight hundred fifty thousand dollars, for the period January first,  two
    43  thousand  five  through  December thirty-first, two thousand five, up to
    44  nineteen million two hundred thousand dollars, for  the  period  January
    45  first, two thousand six through December thirty-first, two thousand six,
    46  up  to  nineteen  million  two  hundred thousand dollars, for the period
    47  January first, two thousand seven  through  December  thirty-first,  two
    48  thousand  ten, up to eighteen million one hundred fifty thousand dollars
    49  annually, for the period January  first,  two  thousand  eleven  through
    50  March thirty-first, two thousand eleven, up to four million five hundred
    51  thirty-eight thousand dollars, for each state fiscal year for the period
    52  April  first,  two thousand eleven through March thirty-first, two thou-
    53  sand fourteen, up to sixteen million two hundred thousand dollars, up to
    54  sixteen million two hundred thousand dollars each state fiscal year  for
    55  the  period  April  first,  two  thousand fourteen through March thirty-
    56  first, two thousand seventeen, [and] up to sixteen million  two  hundred

        S. 7506--B                         115                        A. 9506--B
 
     1  thousand  dollars each state fiscal year for the period April first, two
     2  thousand seventeen through March thirty-first, two thousand twenty,  and
     3  up  to  sixteen  million  two hundred thousand dollars each state fiscal
     4  year for the period April first, two thousand twenty through March thir-
     5  ty-first, two thousand twenty-three.
     6    (j)  Funds  shall  be  reserved  and accumulated from year to year and
     7  shall be available, including income from invested funds,  for  purposes
     8  of  distributions  related to health information and health care quality
     9  improvement pursuant to former section twenty-eight hundred  seven-n  of
    10  this  article  from  the respective health care initiatives pools estab-
    11  lished for the following periods in the following percentage amounts  of
    12  funds  remaining  after  allocations  in  accordance with paragraphs (a)
    13  through (f) of this subdivision:
    14    (i) from the pool for the period January first, nineteen hundred nine-
    15  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    16  six and thirty-five-hundredths percent;
    17    (ii)  from  the  pool  for  the period January first, nineteen hundred
    18  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    19  eight, six and thirty-five-hundredths percent; and
    20    (iii)  from  the  pool  for the period January first, nineteen hundred
    21  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    22  six and forty-five-hundredths percent.
    23    (k) Funds shall be reserved and accumulated  from  year  to  year  and
    24  shall  be  available,  including  income  from invested funds, for allo-
    25  cations  and  distributions  in  accordance  with  section  twenty-eight
    26  hundred  seven-p  of  this  article  for diagnostic and treatment center
    27  uncompensated care from the respective health care initiatives pools  or
    28  the  health care reform act (HCRA) resources fund, whichever is applica-
    29  ble, for the following periods in the following percentage   amounts  of
    30  funds  remaining  after  allocations  in  accordance with paragraphs (a)
    31  through (f) of this subdivision, and for periods on  and  after  January
    32  first, two thousand, in the following amounts:
    33    (i) from the pool for the period January first, nineteen hundred nine-
    34  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    35  thirty-eight and one-tenth percent;
    36    (ii) from the pool for the  period  January  first,  nineteen  hundred
    37  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    38  eight, thirty-eight and one-tenth percent;
    39    (iii) from the pool for the period  January  first,  nineteen  hundred
    40  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    41  thirty-eight and seventy-one-hundredths percent;
    42    (iv) from the pool for the periods January first, two thousand through
    43  December  thirty-first,  two  thousand  two, forty-eight million dollars
    44  annually, and for the period January first, two thousand  three  through
    45  June thirtieth, two thousand three, twenty-four million dollars;
    46    (v)  (A)  from the pool or the health care reform act (HCRA) resources
    47  fund, whichever is applicable, for the period July first,  two  thousand
    48  three  through  December  thirty-first,  two  thousand  three, up to six
    49  million dollars, for the period January first, two thousand four through
    50  December thirty-first, two thousand six, up to  twelve  million  dollars
    51  annually,  for  the  period  January  first,  two thousand seven through
    52  December thirty-first, two thousand thirteen, up to forty-eight  million
    53  dollars  annually,  for  the period January first, two thousand fourteen
    54  through March thirty-first, two thousand fourteen, up to twelve  million
    55  dollars  for the period April first, two thousand fourteen through March
    56  thirty-first, two thousand seventeen, up to forty-eight million  dollars

        S. 7506--B                         116                        A. 9506--B
 
     1  annually,  [and]  for  the  period  April  first, two thousand seventeen
     2  through March thirty-first,  two  thousand  twenty,  up  to  forty-eight
     3  million  dollars  annually, and for the period April first, two thousand
     4  twenty  through  March  thirty-first,  two  thousand twenty-three, up to
     5  forty-eight million dollars annually;
     6    (B) from the health care reform act  (HCRA)  resources  fund  for  the
     7  period  January  first,  two thousand six through December thirty-first,
     8  two thousand six, an additional  seven  million  five  hundred  thousand
     9  dollars, for the period January first, two thousand seven through Decem-
    10  ber  thirty-first,  two  thousand  thirteen, an additional seven million
    11  five hundred thousand dollars annually, for the  period  January  first,
    12  two thousand fourteen through March thirty-first, two thousand fourteen,
    13  an  additional  one million eight hundred seventy-five thousand dollars,
    14  for the period April first, two thousand fourteen through March  thirty-
    15  first,  two thousand seventeen, an additional seven million five hundred
    16  thousand dollars annually, [and] for the period April first,  two  thou-
    17  sand seventeen through March thirty-first, two thousand twenty, an addi-
    18  tional seven million five hundred thousand dollars annually, and for the
    19  period  April first, two thousand twenty through March thirty-first, two
    20  thousand twenty-three, an additional seven million five hundred thousand
    21  dollars annually  for  voluntary  non-profit  diagnostic  and  treatment
    22  center  uncompensated  care  in  accordance  with  subdivision four-c of
    23  section twenty-eight hundred seven-p of this article; and
    24    (vi) funds reserved and accumulated pursuant  to  this  paragraph  for
    25  periods  on and after July first, two thousand three, shall be deposited
    26  by the commissioner, within amounts appropriated, and  the  state  comp-
    27  troller  is hereby authorized and directed to receive for deposit to the
    28  credit of the state special revenue funds - other, HCRA  transfer  fund,
    29  medical  assistance  account, for purposes of funding the state share of
    30  rate adjustments made pursuant to section twenty-eight  hundred  seven-p
    31  of  this article, provided, however, that in the event federal financial
    32  participation is not available for rate  adjustments  made  pursuant  to
    33  paragraph (b) of subdivision one of section twenty-eight hundred seven-p
    34  of this article, funds shall be distributed pursuant to paragraph (a) of
    35  subdivision  one of section twenty-eight hundred seven-p of this article
    36  from the respective health care initiatives pools  or  the  health  care
    37  reform act (HCRA) resources fund, whichever is applicable.
    38    (l)  Funds  shall be reserved and accumulated from year to year by the
    39  commissioner and shall be  available,  including  income  from  invested
    40  funds, for transfer to and allocation  for services and expenses for the
    41  payment  of benefits to recipients of  drugs under the AIDS drug assist-
    42  ance program (ADAP) - HIV uninsured  care  program  as  administered  by
    43  Health  Research  Incorporated  from  the respective  health care initi-
    44  atives pools or the health care reform act (HCRA) resources fund, which-
    45  ever is applicable, established for the following periods in the follow-
    46  ing  percentage  amounts  of  funds  remaining  after   allocations   in
    47  accordance  with paragraphs (a) through (f) of this subdivision, and for
    48  periods on and after January  first,  two  thousand,  in  the  following
    49  amounts:
    50    (i) from the pool for the period January first, nineteen hundred nine-
    51  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    52  nine and fifty-two-hundredths percent;
    53    (ii) from the pool for the  period  January  first,  nineteen  hundred
    54  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    55  eight, nine and fifty-two-hundredths percent;

        S. 7506--B                         117                        A. 9506--B
 
     1    (iii) from the pool for the period  January  first,  nineteen  hundred
     2  ninety-nine  and  December  thirty-first,  nineteen hundred ninety-nine,
     3  nine and sixty-eight-hundredths percent;
     4    (iv) from the pool for the periods January first, two thousand through
     5  December  thirty-first,  two  thousand two, up to twelve million dollars
     6  annually, and for the period January first, two thousand  three  through
     7  December  thirty-first, two thousand three, up to forty million dollars;
     8  and
     9    (v) from the pool or the health care reform act (HCRA) resources fund,
    10  whichever is applicable, for the periods  January  first,  two  thousand
    11  four  through  December thirty-first, two thousand four, up to fifty-six
    12  million dollars, for the period January first, two thousand five through
    13  December thirty-first, two thousand six, up  to  sixty  million  dollars
    14  annually,  for  the  period  January  first,  two thousand seven through
    15  December thirty-first, two thousand ten, up  to  sixty  million  dollars
    16  annually,  for  the  period  January  first, two thousand eleven through
    17  March thirty-first, two thousand eleven, up to fifteen million  dollars,
    18  each  state  fiscal year for the period April first, two thousand eleven
    19  through March thirty-first,  two  thousand  fourteen,  up  to  forty-two
    20  million three hundred thousand dollars and up to forty-one million fifty
    21  thousand  dollars each state fiscal year for the period April first, two
    22  thousand fourteen through  March  thirty-first,  two  thousand  [twenty]
    23  twenty-three.
    24    (m)  Funds  shall  be  reserved  and accumulated from year to year and
    25  shall be available, including income from invested funds,  for  purposes
    26  of  distributions  pursuant  to  section twenty-eight hundred seven-r of
    27  this article for cancer related services from the respective health care
    28  initiatives pools or the health care reform act (HCRA)  resources  fund,
    29  whichever  is  applicable,  established for the following periods in the
    30  following percentage amounts of funds  remaining  after  allocations  in
    31  accordance  with paragraphs (a) through (f) of this subdivision, and for
    32  periods on and after January  first,  two  thousand,  in  the  following
    33  amounts:
    34    (i) from the pool for the period January first, nineteen hundred nine-
    35  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    36  seven and ninety-four-hundredths percent;
    37    (ii) from the pool for the  period  January  first,  nineteen  hundred
    38  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    39  eight, seven and ninety-four-hundredths percent;
    40    (iii) from the pool for the period  January  first,  nineteen  hundred
    41  ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
    42  and forty-five-hundredths percent;
    43    (iv)  from the pool for the period January first, two thousand through
    44  December thirty-first, two thousand two, up to ten million dollars on an
    45  annual basis;
    46    (v) from the pool for the period January  first,  two  thousand  three
    47  through  December  thirty-first,  two thousand four, up to eight million
    48  nine hundred fifty thousand dollars on an annual basis;
    49    (vi) from the pool or the health  care  reform  act  (HCRA)  resources
    50  fund,  whichever  is applicable, for the period January first, two thou-
    51  sand five through December thirty-first, two thousand  six,  up  to  ten
    52  million  fifty thousand dollars on an annual basis, for the period Janu-
    53  ary first, two thousand seven through December thirty-first,  two  thou-
    54  sand  ten,  up  to nineteen million dollars annually, and for the period
    55  January first, two thousand eleven through March thirty-first, two thou-
    56  sand eleven, up to four million seven hundred fifty thousand dollars.

        S. 7506--B                         118                        A. 9506--B
 
     1    (n) Funds shall be accumulated and transferred from  the  health  care
     2  reform act (HCRA) resources fund as follows: for the period April first,
     3  two  thousand  seven through March thirty-first, two thousand eight, and
     4  on an annual basis for the  periods  April  first,  two  thousand  eight
     5  through  November  thirtieth,  two  thousand  nine, funds within amounts
     6  appropriated shall be transferred and  deposited  and  credited  to  the
     7  credit  of  the state special revenue funds - other, HCRA transfer fund,
     8  medical assistance account, for purposes of funding the state  share  of
     9  rate  adjustments  made  to public and voluntary hospitals in accordance
    10  with paragraphs (i) and (j) of subdivision one of  section  twenty-eight
    11  hundred seven-c of this article.
    12    2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
    13  lation, any funds accumulated  in  the  health  care  initiatives  pools
    14  pursuant  to  paragraph  (b) of subdivision nine of section twenty-eight
    15  hundred seven-j of this article, as a result of surcharges,  assessments
    16  or  other obligations during the periods January first, nineteen hundred
    17  ninety-seven through December  thirty-first,  nineteen  hundred  ninety-
    18  nine, which are unused or uncommitted for distributions pursuant to this
    19  section  shall  be  reserved  and  accumulated  from year to year by the
    20  commissioner and, within amounts appropriated, transferred and deposited
    21  into the special revenue funds - other,  miscellaneous  special  revenue
    22  fund  -  339,  child  health  insurance account or any successor fund or
    23  account, for purposes of distributions to  implement  the  child  health
    24  insurance  program  established pursuant to sections twenty-five hundred
    25  ten and twenty-five hundred eleven of this chapter for  periods  on  and
    26  after January first, two thousand one; provided, however, funds reserved
    27  and  accumulated  for  priority  distributions  pursuant to subparagraph
    28  (iii) of paragraph (c) of subdivision one of this section shall  not  be
    29  transferred  and  deposited  into such account pursuant to this subdivi-
    30  sion; and provided further, however, that any unused or uncommitted pool
    31  funds accumulated and allocated pursuant to paragraph (j) of subdivision
    32  one of this section shall be distributed  for  purposes  of  the  health
    33  information and quality improvement act of 2000.
    34    3.  Revenue  from  distributions pursuant to this section shall not be
    35  included in gross revenue  received  for  purposes  of  the  assessments
    36  pursuant to subdivision eighteen of section twenty-eight hundred seven-c
    37  of  this article, subject to the provisions of paragraph (e) of subdivi-
    38  sion eighteen of section twenty-eight hundred seven-c of  this  article,
    39  and  shall not be included in gross revenue received for purposes of the
    40  assessments pursuant to section twenty-eight  hundred  seven-d  of  this
    41  article,  subject  to  the  provisions  of subdivision twelve of section
    42  twenty-eight hundred seven-d of this article.
    43    § 6. Subdivision 1, paragraph (f) of subdivision 3, paragraphs (a) and
    44  (d) of subdivision 5 and subdivisions 5-a and 12 of  section  2807-m  of
    45  the  public health law, subdivision 1 as amended by section 16 of part B
    46  of chapter 58 of the laws of 2008, the opening  paragraph  of  paragraph
    47  (s)  of  subdivision  1  as  amended  by section 95 and paragraph (f) of
    48  subdivision 3 as amended by section 97 of part C of chapter  58  of  the
    49  laws  of 2009, paragraph (a) of subdivision 5 as amended by section 75-b
    50  of part C of chapter 58 of the laws of 2008, paragraph (d)  of  subdivi-
    51  sion  5  as added by section 10-a of part E of chapter 63 of the laws of
    52  2005, subdivision 5-a as amended by section 6 of part H of chapter 57 of
    53  the laws of 2017 and subdivision 12 as added by section 3 of part  R  of
    54  chapter 59 of the laws of 2016, are amended to read as follows:
    55    1.  Definitions.  For  purposes  of  this section, the following defi-
    56  nitions shall apply, unless the context clearly requires otherwise:

        S. 7506--B                         119                        A. 9506--B
 
     1    (a) "Clinical research" means patient-oriented research, epidemiologic
     2  and  behavioral  studies,  or  outcomes  research  and  health  services
     3  research  that  is approved by an institutional review board by the time
     4  the clinical research position is filled.
     5    (b) "Clinical research plan" means a plan submitted by a consortium or
     6  teaching  general hospital for a clinical research position which demon-
     7  strates, in a form to be provided by the commissioner, the following:
     8    (i) financial support for overhead, supervision, equipment  and  other
     9  resources  equal  to the amount of funding provided pursuant to subpara-
    10  graph (i) of paragraph (b) of subdivision five-a of this section by  the
    11  teaching  general hospital or consortium for the clinical research posi-
    12  tion;
    13    (ii) experience the sponsor-mentor and teaching general  hospital  has
    14  in clinical research and the medical field of the study;
    15    (iii)  methods, data collection and anticipated measurable outcomes of
    16  the clinical research to be performed;
    17    (iv) training goals, objectives and experience the researcher will  be
    18  provided to assess a future career in clinical research;
    19    (v)  scientific  relevance,  merit  and  health  implications  of  the
    20  research to be performed;
    21    (vi) information on potential  scientific  meetings  and  peer  review
    22  journals where research results can be disseminated;
    23    (vii)  clear  and comprehensive details on the clinical research posi-
    24  tion;
    25    (viii) qualifications necessary for the clinical research position and
    26  strategy for recruitment;
    27    (ix) non-duplication with other clinical research positions  from  the
    28  same teaching general hospital or consortium;
    29    (x)  methods  to  track the career of the clinical researcher once the
    30  term of the position is complete; and
    31    (xi) any other information required by the commissioner  to  implement
    32  subparagraph (i) of paragraph (b) of subdivision five-a of this section.
    33    (xii) The clinical review plan submitted in accordance with this para-
    34  graph  may  be reviewed by the commissioner in consultation with experts
    35  outside the department of health.
    36    (c) "Clinical research position" means a post-graduate residency posi-
    37  tion which:
    38    (i) shall not be required in order for the researcher  to  complete  a
    39  graduate medical education program;
    40    (ii)  may  be reimbursed by other sources but only for costs in excess
    41  of the funding distributed in accordance with subparagraph (i) of  para-
    42  graph (b) of subdivision five-a of this section;
    43    (iii)  shall  exceed  the  minimum  standards that are required by the
    44  residency review committee in the specialty the researcher  has  trained
    45  or is currently training;
    46    (iv)  shall  not be previously funded by the teaching general hospital
    47  or supported by another funding source at the teaching general  hospital
    48  in  the  past  three  years  from the date the clinical research plan is
    49  submitted to the commissioner;
    50    (v) may supplement an existing research project;
    51    (vi) shall be equivalent to a full-time position comprising of no less
    52  than thirty-five hours per week for one or two years;
    53    (vii) shall provide, or be filled by a researcher who  has  formalized
    54  instruction  in  clinical  research,  including  biostatistics, clinical
    55  trial design, grant writing and research ethics;

        S. 7506--B                         120                        A. 9506--B
 
     1    (viii) shall be supervised by a sponsor-mentor who shall either (A) be
     2  employed, contracted for employment or paid through an affiliated facul-
     3  ty practice plan by a teaching general hospital which  has  received  at
     4  least  one  research grant from the National Institutes of Health in the
     5  past five years from the date the clinical research plan is submitted to
     6  the  commissioner;  (B)  maintain  a  faculty  appointment at a medical,
     7  dental or podiatric school located in New York state that  has  received
     8  at  least  one  research grant from the National Institutes of Health in
     9  the past five years from the date the clinical research plan is  submit-
    10  ted  to  the  commissioner;  or  (C)  be  collaborating  in the clinical
    11  research plan with  a  researcher  from  another  institution  that  has
    12  received  at  least  one  research grant from the National Institutes of
    13  Health in the past five years from the date the clinical  research  plan
    14  is submitted to the commissioner; and
    15    (ix)  shall  be  filled  by  a  researcher  who is (A) enrolled or has
    16  completed a graduate medical education program, as defined in  paragraph
    17  (i)  of  this  subdivision;  (B)  a  United States citizen, national, or
    18  permanent resident of the  United  States;  and  (C)  a  graduate  of  a
    19  medical,  dental or podiatric school located in New York state, a gradu-
    20  ate or resident in a graduate medical education program, as  defined  in
    21  paragraph  (i) of this subdivision, where the sponsoring institution, as
    22  defined in paragraph (q) of this subdivision, is  located  in  New  York
    23  state,  or  resides  in New York state at the time the clinical research
    24  plan is submitted to the commissioner.
    25    (d) "Consortium" means an organization or association, approved by the
    26  commissioner in consultation with  the  council,  of  general  hospitals
    27  which  provide  graduate medical education, together with any affiliated
    28  site; provided that such organization or association  may  also  include
    29  other  providers  of  health  care  services, medical schools, payors or
    30  consumers, and which meet other criteria pursuant to subdivision six  of
    31  this section.
    32    (e)  "Council"  means  the  New York state council on graduate medical
    33  education.
    34    (f) "Direct medical education" means the direct  costs  of  residents,
    35  interns and supervising physicians.
    36    (g) "Distribution period" means each calendar year set forth in subdi-
    37  vision two of this section.
    38    (h)  "Faculty" means persons who are employed by or under contract for
    39  employment with a teaching general hospital or are paid through a teach-
    40  ing general hospital's affiliated faculty practice plan and  maintain  a
    41  faculty  appointment  at  a  medical  school.  Such persons shall not be
    42  limited to persons with a degree in medicine.
    43    (i) "Graduate medical  education  program"  means[,  for  purposes  of
    44  subparagraph  (i)  of  paragraph  (b)  of  subdivision  five-a  of  this
    45  section,] a post-graduate medical  education  residency  in  the  United
    46  States  which  has  received  accreditation from a nationally recognized
    47  accreditation body or has  been  approved  by  a  nationally  recognized
    48  organization  for  medical,  osteopathic,  podiatric or dental residency
    49  programs including, but not limited to, specialty boards.
    50    (j) "Indirect medical education" means the estimate  of  costs,  other
    51  than  direct  costs,  of educational activities in teaching hospitals as
    52  determined in accordance with the methodology applicable for purposes of
    53  determining  an  estimate  of  indirect  medical  education  costs   for
    54  reimbursement  for inpatient hospital service pursuant to title XVIII of
    55  the federal social security act (medicare).

        S. 7506--B                         121                        A. 9506--B
 
     1    (k) "Medicare" means the methodology used for purposes of  reimbursing
     2  inpatient  hospital services provided to beneficiaries of title XVIII of
     3  the federal social security act.
     4    (l)  "Primary  care"  residents specialties shall include family medi-
     5  cine, general pediatrics, primary care internal  medicine,  and  primary
     6  care obstetrics and gynecology. In determining whether a residency is in
     7  primary care, the commissioner shall consult with the council.
     8    (m) "Regions", for purposes of this section, shall mean the regions as
     9  defined  in paragraph (b) of subdivision sixteen of section twenty-eight
    10  hundred seven-c of this article as in effect on June thirtieth, nineteen
    11  hundred ninety-six. For purposes of distributions pursuant  to  subdivi-
    12  sion  five-a  of  this  section, except distributions made in accordance
    13  with paragraph (a) of subdivision  five-a  of  this  section,  "regions"
    14  shall be defined as New York city and the rest of the state.
    15    (n) "Regional pool" means a professional education pool established on
    16  a  regional  basis  by the commissioner from funds available pursuant to
    17  sections twenty-eight hundred seven-s and twenty-eight  hundred  seven-t
    18  of this article.
    19    (o)  "Resident" means a person in a graduate medical education program
    20  which has received accreditation from a nationally  recognized  accredi-
    21  tation  body or in a program approved by any other nationally recognized
    22  organization for  medical,  osteopathic  or  dental  residency  programs
    23  including, but not limited to, specialty boards.
    24    (p)  "Shortage  specialty" means a specialty determined by the commis-
    25  sioner, in consultation with the council, to be in short supply  in  the
    26  state of New York.
    27    (q)  "Sponsoring  institution"  means  the entity that has the overall
    28  responsibility for a program of graduate medical education. Such  insti-
    29  tutions  shall  include  teaching  general  hospitals,  medical schools,
    30  consortia and diagnostic and treatment centers.
    31    (r) "Weighted resident count"  means  a  teaching  general  hospital's
    32  total  number  of  residents  as of July first, nineteen hundred ninety-
    33  five,  including  residents  in   affiliated   non-hospital   ambulatory
    34  settings,  reported  to  the  commissioner.  Such  resident counts shall
    35  reflect the weights established in accordance with rules and regulations
    36  adopted by the state hospital review and planning council  and  approved
    37  by the commissioner for purposes of implementing subdivision twenty-five
    38  of section twenty-eight hundred seven-c of this article and in effect on
    39  July  first,  nineteen  hundred  ninety-five.  Such weights shall not be
    40  applied to specialty hospitals, specified  by  the  commissioner,  whose
    41  primary  care  mission  is  to engage in research, training and clinical
    42  care in specialty  eye  and  ear,  special  surgery,  orthopedic,  joint
    43  disease, cancer, chronic care or rehabilitative services.
    44    (s)  "Adjustment  amount" means an amount determined for each teaching
    45  hospital for periods prior to January first, two thousand nine by:
    46    (i) determining the difference between (A) a calculation of what  each
    47  teaching general hospital would have been paid if payments made pursuant
    48  to  paragraph  (a-3)  of subdivision one of section twenty-eight hundred
    49  seven-c of this article between January first, nineteen hundred  ninety-
    50  six  and  December thirty-first, two thousand three were based solely on
    51  the case mix of  persons  eligible  for  medical  assistance  under  the
    52  medical  assistance  program pursuant to title eleven of article five of
    53  the social services law who are enrolled in health maintenance organiza-
    54  tions and persons paid for under the family health plus program enrolled
    55  in approved organizations pursuant to title eleven-D of article five  of
    56  the  social services law during those years, and (B) the actual payments

        S. 7506--B                         122                        A. 9506--B
 
     1  to each such hospital pursuant to paragraph (a-3) of subdivision one  of
     2  section  twenty-eight  hundred  seven-c  of this article between January
     3  first, nineteen hundred ninety-six and December thirty-first, two  thou-
     4  sand three.
     5    (ii) reducing proportionally each of the amounts determined in subpar-
     6  agraph  (i) of this paragraph so that the sum of all such amounts totals
     7  no more than one hundred million dollars;
     8    (iii) further reducing each of the amounts determined in  subparagraph
     9  (ii)  of  this  paragraph  by  the amount received by each hospital as a
    10  distribution from funds designated in paragraph (a) of subdivision  five
    11  of  this  section attributable to the period January first, two thousand
    12  three through December thirty-first, two thousand three, except that  if
    13  such  amount  was  provided  to  a  consortium  then  the  amount of the
    14  reduction for each hospital in the consortium  shall  be  determined  by
    15  applying  the  proportion  of  each  hospital's  amount determined under
    16  subparagraph (i) of this paragraph to the total of such amounts  of  all
    17  hospitals in such consortium to the consortium award;
    18    (iv)  further  reducing each of the amounts determined in subparagraph
    19  (iii) of this paragraph by the amounts specified  in  paragraph  (t)  of
    20  this subdivision; and
    21    (v)  dividing  each of the amounts determined in subparagraph (iii) of
    22  this paragraph by seven.
    23    (t) "Extra reduction amount" shall mean an  amount  determined  for  a
    24  teaching  hospital for which an adjustment amount is calculated pursuant
    25  to paragraph (s) of this subdivision  that  is  the  hospital's  propor-
    26  tionate  share  of  the sum of the amounts specified in paragraph (u) of
    27  this subdivision determined based upon a comparison  of  the  hospital's
    28  remaining  liability calculated pursuant to paragraph (s) of this subdi-
    29  vision to the sum of all such hospital's remaining liabilities.
    30    (u) "Allotment amount" shall mean an amount  determined  for  teaching
    31  hospitals as follows:
    32    (i)  for  a  hospital for which an adjustment amount pursuant to para-
    33  graph (s) of this subdivision does not apply, the amount received by the
    34  hospital pursuant to paragraph (a) of subdivision five of  this  section
    35  attributable  to  the  period  January first, two thousand three through
    36  December thirty-first, two thousand three, or
    37    (ii) for a hospital for which an adjustment amount pursuant  to  para-
    38  graph  (s) of this subdivision applies and which received a distribution
    39  pursuant to paragraph (a) of subdivision five of this section  attribut-
    40  able  to  the  period January first, two thousand three through December
    41  thirty-first, two thousand three that is  greater  than  the  hospital's
    42  adjustment  amount,  the  difference between the distribution amount and
    43  the adjustment amount.
    44    (f) Effective January first, two thousand five through December  thir-
    45  ty-first,  two  thousand  eight,  each  teaching  general hospital shall
    46  receive a distribution from the applicable regional pool  based  on  its
    47  distribution amount determined under paragraphs (c), (d) and (e) of this
    48  subdivision  and reduced by its adjustment amount calculated pursuant to
    49  paragraph (s) of subdivision one of this section and, for  distributions
    50  for  the  period January first, two thousand five through December thir-
    51  ty-first, two thousand five, further  reduced  by  its  extra  reduction
    52  amount  calculated  pursuant to paragraph (t) of subdivision one of this
    53  section.
    54    (a) Up to thirty-one million dollars annually for the periods  January
    55  first,  two  thousand through December thirty-first, two thousand three,
    56  and up to twenty-five million dollars plus the sum of the amounts speci-

        S. 7506--B                         123                        A. 9506--B
 
     1  fied in paragraph (n) of subdivision one of this section for the  period
     2  January  first,  two  thousand  five  through December thirty-first, two
     3  thousand five, and up to thirty-one million  dollars  annually  for  the
     4  period  January  first,  two thousand six through December thirty-first,
     5  two thousand seven, shall be set aside and reserved by the  commissioner
     6  from  the regional pools established pursuant to subdivision two of this
     7  section for supplemental distributions in each such region to be made by
     8  the commissioner to consortia and teaching general hospitals in  accord-
     9  ance  with a distribution methodology developed in consultation with the
    10  council and specified in rules and regulations adopted  by  the  commis-
    11  sioner.
    12    (d)  Notwithstanding any other provision of law or regulation, for the
    13  period January first, two thousand five through  December  thirty-first,
    14  two  thousand  five,  the  commissioner shall distribute as supplemental
    15  payments the allotment specified in paragraph (n) of subdivision one  of
    16  this section.
    17    5-a.  Graduate  medical  education  innovations pool. (a) Supplemental
    18  distributions. (i) Thirty-one million dollars  for  the  period  January
    19  first,  two  thousand  eight through December thirty-first, two thousand
    20  eight, shall be set aside and reserved  by  the  commissioner  from  the
    21  regional  pools  established pursuant to subdivision two of this section
    22  and shall be available for distributions pursuant to subdivision five of
    23  this section and in accordance with section 86-1.89 of title 10  of  the
    24  codes,  rules  and  regulations of the state of New York as in effect on
    25  January first, two thousand eight; provided, however,  for  purposes  of
    26  funding  the  empire  clinical research investigation program (ECRIP) in
    27  accordance with paragraph eight of subdivision (e) and paragraph two  of
    28  subdivision  (f)  of section 86-1.89 of title 10 of the codes, rules and
    29  regulations of the state of New York, distributions shall be made  using
    30  two  regions  defined as New York city and the rest of the state and the
    31  dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
    32  sion (f) of section 86-1.89 of title 10 of the codes,  rules  and  regu-
    33  lations  of the state of New York shall be increased from sixty thousand
    34  dollars to seventy-five thousand dollars.
    35    (ii) For periods on  and  after  January  first,  two  thousand  nine,
    36  supplemental  distributions pursuant to subdivision five of this section
    37  and in accordance with section 86-1.89 of title 10 of the  codes,  rules
    38  and regulations of the state of New York shall no longer be made and the
    39  provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
    40  lations of the state of New York shall be null and void.
    41    (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
    42  million  one  hundred  twenty  thousand  dollars annually for the period
    43  January first, two thousand  nine  through  December  thirty-first,  two
    44  thousand  ten,  and  two million two hundred eighty thousand dollars for
    45  the period January first, two thousand  eleven,  through  March  thirty-
    46  first,  two  thousand  eleven,  nine million one hundred twenty thousand
    47  dollars each state fiscal year for the period April first, two  thousand
    48  eleven  through  March  thirty-first, two thousand fourteen, up to eight
    49  million six hundred twelve thousand dollars each state fiscal  year  for
    50  the  period  April  first,  two  thousand fourteen through March thirty-
    51  first, two thousand seventeen, [and] up to  eight  million  six  hundred
    52  twelve  thousand  dollars  each  state  fiscal year for the period April
    53  first, two thousand seventeen through March thirty-first,  two  thousand
    54  twenty, and up to eight million six hundred twelve thousand dollars each
    55  state  fiscal  year  for  the  period  April  first, two thousand twenty
    56  through March thirty-first, two  thousand  twenty-three,  shall  be  set

        S. 7506--B                         124                        A. 9506--B
 
     1  aside  and  reserved  by the commissioner from the regional pools estab-
     2  lished pursuant to subdivision two  of  this  section  to  be  allocated
     3  regionally  with  two-thirds  of the available funding going to New York
     4  city  and  one-third  of  the available funding going to the rest of the
     5  state and shall be available for distribution as follows:
     6    Distributions shall first be made to consortia  and  teaching  general
     7  hospitals  for the empire clinical research investigator program (ECRIP)
     8  to help secure federal funding for biomedical research,  train  clinical
     9  researchers,  recruit national leaders as faculty to act as mentors, and
    10  train residents and fellows  in  biomedical  research  skills  based  on
    11  hospital-specific  data  submitted  to the commissioner by consortia and
    12  teaching general hospitals in accordance with clause (G) of this subpar-
    13  agraph. Such distributions shall be made in accordance with the  follow-
    14  ing methodology:
    15    (A)  The  greatest  number  of clinical research positions for which a
    16  consortium or teaching general hospital may be funded pursuant  to  this
    17  subparagraph  shall  be  one  percent  of  the total number of residents
    18  training at the consortium or teaching general hospital on  July  first,
    19  two  thousand  eight  for  the  period  January first, two thousand nine
    20  through December thirty-first, two thousand nine rounded up to the near-
    21  est one position.
    22    (B) Distributions made to a consortium or  teaching  general  hospital
    23  shall  equal  the product of the total number of clinical research posi-
    24  tions submitted  by  a  consortium  or  teaching  general  hospital  and
    25  accepted  by the commissioner as meeting the criteria set forth in para-
    26  graph (b) of subdivision one of this section, subject to  the  reduction
    27  calculation  set  forth  in  clause  (C) of this subparagraph, times one
    28  hundred ten thousand dollars.
    29    (C) If the dollar amount for the total  number  of  clinical  research
    30  positions  in  the  region  calculated  pursuant  to  clause (B) of this
    31  subparagraph exceeds the total amount appropriated for purposes of  this
    32  paragraph,  including clinical research positions that continue from and
    33  were funded in prior distribution periods, the commissioner shall elimi-
    34  nate one-half of the  clinical  research  positions  submitted  by  each
    35  consortium  or teaching general hospital rounded down to the nearest one
    36  position. Such reduction shall be repeated until the dollar  amount  for
    37  the  total  number of clinical research positions in the region does not
    38  exceed the total amount appropriated for purposes of this paragraph.  If
    39  the  repeated  reduction  of the total number of clinical research posi-
    40  tions in the region by one-half does not render a total  funding  amount
    41  that  is equal to or less than the total amount reserved for that region
    42  within the appropriation, the funding for each clinical  research  posi-
    43  tion  in  that  region  shall  be reduced proportionally in one thousand
    44  dollar increments until the total dollar amount for the total number  of
    45  clinical  research  positions  in  that region does not exceed the total
    46  amount reserved for that region within the appropriation. Any  reduction
    47  in  funding will be effective for the duration of the award. No clinical
    48  research positions that continue from and were funded in prior  distrib-
    49  ution periods shall be eliminated or reduced by such methodology.
    50    (D)  Each  consortium  or  teaching general hospital shall receive its
    51  annual distribution amount in accordance with the following:
    52    (I) Each consortium or teaching general hospital with a one-year ECRIP
    53  award  shall  receive  its  annual  distribution  amount  in  full  upon
    54  completion of the requirements set forth in items (I) and (II) of clause
    55  (G)  of  this subparagraph. The requirements set forth in items (IV) and
    56  (V) of clause (G) of this subparagraph must be completed by the  consor-

        S. 7506--B                         125                        A. 9506--B
 
     1  tium  or teaching general hospital in order for the consortium or teach-
     2  ing general hospital to be eligible to apply for ECRIP  funding  in  any
     3  subsequent funding cycle.
     4    (II)  Each  consortium  or  teaching  general hospital with a two-year
     5  ECRIP award shall receive its first annual distribution amount  in  full
     6  upon  completion  of the requirements set forth in items (I) and (II) of
     7  clause (G) of this subparagraph. Each  consortium  or  teaching  general
     8  hospital will receive its second annual distribution amount in full upon
     9  completion  of the requirements set forth in item (III) of clause (G) of
    10  this subparagraph. The requirements set forth in items (IV) and  (V)  of
    11  clause  (G)  of this subparagraph must be completed by the consortium or
    12  teaching general hospital in order for the consortium or teaching gener-
    13  al hospital to be eligible to apply for ECRIP funding in any  subsequent
    14  funding cycle.
    15    (E)  Each  consortium  or teaching general hospital receiving distrib-
    16  utions pursuant to this subparagraph shall reserve seventy-five thousand
    17  dollars to primarily fund salary and fringe  benefits  of  the  clinical
    18  research  position  with  the remainder going to fund the development of
    19  faculty who are involved in biomedical research, training  and  clinical
    20  care.
    21    (F)  Undistributed  or  returned  funds  available  to  fund  clinical
    22  research positions pursuant to this paragraph for a distribution  period
    23  shall  be  available to fund clinical research positions in a subsequent
    24  distribution period.
    25    (G) In order to be eligible for distributions pursuant to this subpar-
    26  agraph, each consortium and teaching general hospital shall  provide  to
    27  the  commissioner by July first of each distribution period, the follow-
    28  ing data and information on a hospital-specific  basis.  Such  data  and
    29  information  shall  be  certified as to accuracy and completeness by the
    30  chief executive officer, chief financial officer or chair of the consor-
    31  tium governing body of each consortium or teaching general hospital  and
    32  shall be maintained by each consortium and teaching general hospital for
    33  five years from the date of submission:
    34    (I)  For  each  clinical  research  position, information on the type,
    35  scope, training objectives,  institutional  support,  clinical  research
    36  experience of the sponsor-mentor, plans for submitting research outcomes
    37  to  peer reviewed journals and at scientific meetings, including a meet-
    38  ing sponsored by the department, the name of a principal contact  person
    39  responsible for tracking the career development of researchers placed in
    40  clinical  research positions, as defined in paragraph (c) of subdivision
    41  one of this section, and who is authorized to certify to the commission-
    42  er that all the requirements of the clinical  research  training  objec-
    43  tives  set  forth  in this subparagraph shall be met. Such certification
    44  shall be provided by July first of each distribution period;
    45    (II) For each clinical research position,  information  on  the  name,
    46  citizenship  status, medical education and training, and medical license
    47  number of the researcher, if applicable, shall be provided  by  December
    48  thirty-first of the calendar year following the distribution period;
    49    (III)  Information on the status of the clinical research plan, accom-
    50  plishments, changes in research activities, progress, and performance of
    51  the researcher shall be provided upon  completion  of  one-half  of  the
    52  award term;
    53    (IV)  A  final report detailing training experiences, accomplishments,
    54  activities and performance of the clinical researcher, and  data,  meth-
    55  ods,  results  and  analyses  of  the  clinical  research  plan shall be
    56  provided three months after the clinical research position ends; and

        S. 7506--B                         126                        A. 9506--B
 
     1    (V) Tracking information concerning past  researchers,  including  but
     2  not  limited  to (A) background information, (B) employment history, (C)
     3  research status, (D) current research activities, (E)  publications  and
     4  presentations,  (F)  research  support,  and  (G)  any other information
     5  necessary to track the researcher; and
     6    (VI)  Any  other  data  or information required by the commissioner to
     7  implement this subparagraph.
     8    (H) Notwithstanding any inconsistent provision  of  this  subdivision,
     9  for periods on and after April first, two thousand thirteen, ECRIP grant
    10  awards shall be made in accordance with rules and regulations promulgat-
    11  ed by the commissioner. Such regulations shall, at a minimum:
    12    (1)  provide  that ECRIP grant awards shall be made with the objective
    13  of securing federal funding for biomedical research,  training  clinical
    14  researchers,  recruiting  national leaders as faculty to act as mentors,
    15  and training residents and fellows in biomedical research skills;
    16    (2) provide that ECRIP grant applicants may include  interdisciplinary
    17  research teams comprised of teaching general hospitals acting in collab-
    18  oration  with  entities  including  but  not limited to medical centers,
    19  hospitals, universities and local health departments;
    20    (3) provide that applications for ECRIP grant awards shall be based on
    21  such information requested by the commissioner, which shall include  but
    22  not be limited to hospital-specific data;
    23    (4)  establish  the  qualifications  for investigators and other staff
    24  required for grant projects eligible for ECRIP grant awards; and
    25    (5) establish a methodology for the distribution of funds under  ECRIP
    26  grant awards.
    27    [(c)  Ambulatory  care  training.  Four  million nine hundred thousand
    28  dollars for the period January first, two thousand eight through  Decem-
    29  ber thirty-first, two thousand eight, four million nine hundred thousand
    30  dollars for the period January first, two thousand nine through December
    31  thirty-first,  two  thousand  nine,  four  million nine hundred thousand
    32  dollars for the period January first, two thousand ten through  December
    33  thirty-first,  two  thousand  ten,  one  million two hundred twenty-five
    34  thousand dollars for the  period  January  first,  two  thousand  eleven
    35  through  March  thirty-first,  two  thousand  eleven, four million three
    36  hundred thousand dollars each state fiscal year  for  the  period  April
    37  first,  two  thousand  eleven  through  March thirty-first, two thousand
    38  fourteen, up to four million sixty thousand dollars  each  state  fiscal
    39  year  for  the  period  April first, two thousand fourteen through March
    40  thirty-first, two thousand seventeen, and up to four million sixty thou-
    41  sand dollars each fiscal year for the period April first,  two  thousand
    42  seventeen  through March thirty-first, two thousand twenty, shall be set
    43  aside and reserved by the commissioner from the  regional  pools  estab-
    44  lished  pursuant  to subdivision two of this section and shall be avail-
    45  able for distributions to sponsoring  institutions  to  be  directed  to
    46  support  clinical  training  of  medical students and residents in free-
    47  standing ambulatory care settings, including  community  health  centers
    48  and  private  practices. Such funding shall be allocated regionally with
    49  two-thirds of the available funding going to New York city and one-third
    50  of the available funding going to the rest of the  state  and  shall  be
    51  distributed  to  sponsoring  institutions  in  each region pursuant to a
    52  request for application or request for proposal process with  preference
    53  being  given  to sponsoring institutions which provide training in sites
    54  located in underserved rural or inner-city areas and those that  include
    55  medical students in such training.]

        S. 7506--B                         127                        A. 9506--B
 
     1    [(d)]  (c)  Physician loan repayment program. One million nine hundred
     2  sixty thousand dollars for the period January first, two thousand  eight
     3  through  December  thirty-first,  two  thousand  eight, one million nine
     4  hundred sixty thousand dollars for the period January first,  two  thou-
     5  sand  nine through December thirty-first, two thousand nine, one million
     6  nine hundred sixty thousand dollars for the period  January  first,  two
     7  thousand  ten  through  December  thirty-first,  two  thousand ten, four
     8  hundred ninety thousand dollars for the period January first, two  thou-
     9  sand eleven through March thirty-first, two thousand eleven, one million
    10  seven  hundred  thousand  dollars  each state fiscal year for the period
    11  April first, two thousand eleven through March thirty-first,  two  thou-
    12  sand  fourteen,  up  to  one million seven hundred five thousand dollars
    13  each state fiscal year for the period April first, two thousand fourteen
    14  through March thirty-first, two thousand  seventeen,  [and]  up  to  one
    15  million  seven  hundred five thousand dollars each state fiscal year for
    16  the period April first, two thousand  seventeen  through  March  thirty-
    17  first,  two  thousand  twenty,  and up to one million seven hundred five
    18  thousand dollars each state fiscal year for the period April first,  two
    19  thousand  twenty  through March thirty-first, two thousand twenty-three,
    20  shall be set aside and reserved by the commissioner  from  the  regional
    21  pools  established pursuant to subdivision two of this section and shall
    22  be available for purposes of physician loan repayment in accordance with
    23  subdivision ten of this section. Notwithstanding any contrary  provision
    24  of this section, sections one hundred twelve and one hundred sixty-three
    25  of  the  state finance law, or any other contrary provision of law, such
    26  funding shall be allocated regionally with one-third of available  funds
    27  going  to  New  York city and two-thirds of available funds going to the
    28  rest of the state and shall be distributed in a manner to be  determined
    29  by  the  commissioner  without a competitive bid or request for proposal
    30  process as follows:
    31    (i) Funding shall first be awarded to repay loans of up to twenty-five
    32  physicians who train in primary care or  specialty  tracks  in  teaching
    33  general hospitals, and who enter and remain in primary care or specialty
    34  practices in underserved communities, as determined by the commissioner.
    35    (ii)  After  distributions in accordance with subparagraph (i) of this
    36  paragraph, all remaining funds shall be awarded to repay loans of physi-
    37  cians who enter and remain in primary care  or  specialty  practices  in
    38  underserved  communities,  as  determined by the commissioner, including
    39  but not limited to physicians working in  general  hospitals,  or  other
    40  health care facilities.
    41    (iii)  In no case shall less than fifty percent of the funds available
    42  pursuant to this paragraph be distributed in  accordance  with  subpara-
    43  graphs (i) and (ii) of this paragraph to physicians identified by gener-
    44  al hospitals.
    45    (iv)  In addition to the funds allocated under this paragraph, for the
    46  period April first, two thousand fifteen through March thirty-first, two
    47  thousand sixteen,  two  million  dollars  shall  be  available  for  the
    48  purposes described in subdivision ten of this section;
    49    (v)  In  addition to the funds allocated under this paragraph, for the
    50  period April first, two thousand sixteen through March thirty-first, two
    51  thousand seventeen, two million  dollars  shall  be  available  for  the
    52  purposes described in subdivision ten of this section;
    53    (vi) Notwithstanding any provision of law to the contrary, and subject
    54  to the extension of the Health Care Reform Act of 1996, sufficient funds
    55  shall be available for the purposes described in subdivision ten of this

        S. 7506--B                         128                        A. 9506--B
 
     1  section  in amounts necessary to fund the remaining year commitments for
     2  awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
     3    [(e)]  (d) Physician practice support. Four million nine hundred thou-
     4  sand dollars for the period January first, two  thousand  eight  through
     5  December  thirty-first,  two  thousand  eight, four million nine hundred
     6  thousand dollars annually for the period  January  first,  two  thousand
     7  nine  through  December  thirty-first, two thousand ten, one million two
     8  hundred twenty-five thousand dollars for the period January  first,  two
     9  thousand  eleven  through  March thirty-first, two thousand eleven, four
    10  million three hundred thousand dollars each state fiscal  year  for  the
    11  period  April first, two thousand eleven through March thirty-first, two
    12  thousand fourteen, up to  four  million  three  hundred  sixty  thousand
    13  dollars  each state fiscal year for the period April first, two thousand
    14  fourteen through March thirty-first, two thousand seventeen, [and] up to
    15  four million three hundred sixty thousand dollars for each state  fiscal
    16  year  for  the  period April first, two thousand seventeen through March
    17  thirty-first, two thousand twenty, and up to four million three  hundred
    18  sixty  thousand dollars for each fiscal year for the period April first,
    19  two thousand twenty through March  thirty-first,  two  thousand  twenty-
    20  three,  shall  be  set  aside  and reserved by the commissioner from the
    21  regional pools established pursuant to subdivision two of  this  section
    22  and  shall  be  available  for  purposes  of physician practice support.
    23  Notwithstanding any contrary provision of  this  section,  sections  one
    24  hundred  twelve and one hundred sixty-three of the state finance law, or
    25  any other contrary provision of law, such  funding  shall  be  allocated
    26  regionally  with one-third of available funds going to New York city and
    27  two-thirds of available funds going to the rest of the state  and  shall
    28  be  distributed in a manner to be determined by the commissioner without
    29  a competitive bid or request for proposal process as follows:
    30    (i) Preference in funding shall first be accorded to teaching  general
    31  hospitals  for  up  to  twenty-five awards, to support costs incurred by
    32  physicians trained in primary or specialty tracks who thereafter  estab-
    33  lish  or join practices in underserved communities, as determined by the
    34  commissioner.
    35    (ii) After distributions in accordance with subparagraph (i)  of  this
    36  paragraph, all remaining funds shall be awarded to physicians to support
    37  the  cost  of  establishing or joining practices in underserved communi-
    38  ties, as determined by the commissioner,  and  to  hospitals  and  other
    39  health  care  providers to recruit new physicians to provide services in
    40  underserved communities, as determined by the commissioner.
    41    (iii) In no case shall less than fifty percent of the funds  available
    42  pursuant  to  this  paragraph  be  distributed  to  general hospitals in
    43  accordance with subparagraphs (i) and (ii) of this paragraph.
    44    [(e-1)] (e) Work group. For funding available pursuant  to  paragraphs
    45  (c) and (d) (e) of this subdivision:
    46    (i)  The  department  shall  appoint a work group from recommendations
    47  made by associations  representing  physicians,  general  hospitals  and
    48  other  health care facilities to develop a streamlined application proc-
    49  ess by June first, two thousand twelve.
    50    (ii) Subject to available funding, applications shall be accepted on a
    51  continuous basis. The department shall provide technical  assistance  to
    52  applicants  to facilitate their completion of applications. An applicant
    53  shall be notified in writing  by  the  department  within  ten  days  of
    54  receipt  of an application as to whether the application is complete and
    55  if the application is incomplete, what information is  outstanding.  The

        S. 7506--B                         129                        A. 9506--B
 
     1  department  shall act on an application within thirty days of receipt of
     2  a complete application.
     3    (f) Study on physician workforce. Five hundred ninety thousand dollars
     4  annually for the period January first, two thousand eight through Decem-
     5  ber  thirty-first,  two  thousand  ten, one hundred forty-eight thousand
     6  dollars for the period January first, two thousand eleven through  March
     7  thirty-first, two thousand eleven, five hundred sixteen thousand dollars
     8  each  state  fiscal year for the period April first, two thousand eleven
     9  through March thirty-first, two thousand fourteen, up  to  four  hundred
    10  eighty-seven  thousand  dollars  each  state  fiscal year for the period
    11  April first, two thousand fourteen through March thirty-first, two thou-
    12  sand seventeen, [and] up to four hundred eighty-seven  thousand  dollars
    13  for  each  state  fiscal  year  for the period April first, two thousand
    14  seventeen through March thirty-first, two thousand  twenty,  and  up  to
    15  four  hundred  eighty-seven  thousand dollars each state fiscal year for
    16  the period April first, two thousand twenty through March  thirty-first,
    17  two  thousand  twenty-three,  shall  be  set  aside  and reserved by the
    18  commissioner from the regional pools established pursuant to subdivision
    19  two of this section and shall be available to fund a study of  physician
    20  workforce needs and solutions including, but not limited to, an analysis
    21  of  residency  programs  and projected physician workforce and community
    22  needs. The commissioner shall enter into agreements  with  one  or  more
    23  organizations  to  conduct  such  study  based on a request for proposal
    24  process.
    25    (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
    26  any  inconsistent provision of section one hundred twelve or one hundred
    27  sixty-three of the state finance law or any other law, one million  nine
    28  hundred  sixty  thousand  dollars annually for the period January first,
    29  two thousand eight through December thirty-first, two thousand ten, four
    30  hundred ninety thousand dollars for the period January first, two  thou-
    31  sand eleven through March thirty-first, two thousand eleven, one million
    32  seven  hundred  thousand  dollars  each state fiscal year for the period
    33  April first, two thousand eleven through March thirty-first,  two  thou-
    34  sand  fourteen, up to one million six hundred five thousand dollars each
    35  state fiscal year for the period  April  first,  two  thousand  fourteen
    36  through  March  thirty-first,  two thousand seventeen, up to one million
    37  six hundred five thousand dollars each state fiscal year for the  period
    38  April  first,  two  thousand  seventeen  through March thirty-first, two
    39  thousand twenty, and up to one million six hundred five thousand dollars
    40  each state fiscal year for the period April first, two  thousand  twenty
    41  through  March  thirty-first,  two  thousand  twenty-three, shall be set
    42  aside and reserved by the commissioner from the  regional  pools  estab-
    43  lished  pursuant  to subdivision two of this section and shall be avail-
    44  able for distributions to the Associated Medical Schools of New York  to
    45  fund its diversity program including existing and new post-baccalaureate
    46  programs  for  minority  and  economically  disadvantaged  students  and
    47  encourage participation from all medical schools in New York. The  asso-
    48  ciated  medical  schools of New York shall report to the commissioner on
    49  an annual basis regarding the use of funds for such purpose in such form
    50  and manner as specified by the commissioner.
    51    (h) In the event there are undistributed  funds  within  amounts  made
    52  available for distributions pursuant to this subdivision, such funds may
    53  be  reallocated  and  distributed  in current or subsequent distribution
    54  periods in a manner determined by the commissioner for any  purpose  set
    55  forth in this subdivision.

        S. 7506--B                         130                        A. 9506--B
 
     1    12. Notwithstanding any provision of law to the contrary, applications
     2  submitted  on or after April first, two thousand sixteen, for the physi-
     3  cian loan repayment program pursuant to paragraph [(d)] (c) of  subdivi-
     4  sion  five-a  of this section and subdivision ten of this section or the
     5  physician  practice  support  program pursuant to paragraph [(e)] (d) of
     6  subdivision five-a of this section, shall be subject  to  the  following
     7  changes:
     8    (a)  Awards  shall  be  made  from the total funding available for new
     9  awards under the physician loan  repayment  program  and  the  physician
    10  practice  support  program,  with  neither program limited to a specific
    11  funding amount within such total funding available;
    12    (b) An applicant may apply for an  award  for  either  physician  loan
    13  repayment or physician practice support, but not both;
    14    (c)  An applicant shall agree to practice for three years in an under-
    15  served area and each award shall provide up to  forty  thousand  dollars
    16  for each of the three years; and
    17    (d)  To the extent practicable, awards shall be timed to be of use for
    18  job offers made to applicants.
    19    § 7. Subdivision 7 of section 2807-m  of  the  public  health  law  is
    20  REPEALED.
    21    §  8.  Subparagraph (xvi) of paragraph (a) of subdivision 7 of section
    22  2807-s of the public health law, as amended by section 30 of part  H  of
    23  chapter 59 of the laws of 2011, is amended to read as follows:
    24    (xvi)  provided further, however, for periods prior to July first, two
    25  thousand nine, amounts set forth in this paragraph shall be  reduced  by
    26  an amount equal to the actual distribution reductions for all facilities
    27  pursuant  to  paragraph  (s)  of subdivision one of section twenty-eight
    28  hundred seven-m of this article.
    29    § 9. Subdivision (c) of section 92-dd of the  state  finance  law,  as
    30  amended  by section 75-f of part C of chapter 58 of the laws of 2008, is
    31  amended to read as follows:
    32    (c) The pool administrator shall, from appropriated funds  transferred
    33  to  the  pool  administrator  from  the  comptroller,  continue  to make
    34  payments as required pursuant to sections twenty-eight hundred  seven-k,
    35  twenty-eight  hundred  seven-m  (not including payments made pursuant to
    36  [subparagraph (ii) of paragraph (b) and] paragraphs (c), (d), [(e)], (f)
    37  and (g) of subdivision five-a [and subdivision seven] of  section  twen-
    38  ty-eight  hundred  seven-m),  and  twenty-eight  hundred  seven-w of the
    39  public health law, paragraph (e) of subdivision twenty-five  of  section
    40  twenty-eight  hundred  seven-c  of the public health law, paragraphs (b)
    41  and (c) of subdivision thirty of section twenty-eight hundred seven-c of
    42  the public health law, paragraph (b) of subdivision eighteen of  section
    43  twenty-eight  hundred  eight of the public health law, subdivision seven
    44  of section twenty-five hundred-d of the public health  law  and  section
    45  eighty-eight of chapter one of the laws of nineteen hundred ninety-nine.
    46    §  10.  Subdivision 4-c of section 2807-p of the public health law, as
    47  amended by section 13 of part H of chapter 57 of the laws  of  2017,  is
    48  amended to read as follows:
    49    4-c. Notwithstanding any provision of law to the contrary, the commis-
    50  sioner  shall  make additional payments for uncompensated care to volun-
    51  tary non-profit diagnostic and treatment centers that are  eligible  for
    52  distributions  under  subdivision  four of this section in the following
    53  amounts: for the period June first, two thousand  six  through  December
    54  thirty-first,  two  thousand  six,  in  the amount of seven million five
    55  hundred thousand dollars, for the period  January  first,  two  thousand
    56  seven  through  December thirty-first, two thousand seven, seven million

        S. 7506--B                         131                        A. 9506--B
 
     1  five hundred thousand dollars, for the period January first,  two  thou-
     2  sand  eight  through  December  thirty-first,  two thousand eight, seven
     3  million five hundred thousand dollars, for the period January first, two
     4  thousand  nine through December thirty-first, two thousand nine, fifteen
     5  million five hundred thousand dollars, for the period January first, two
     6  thousand ten through December  thirty-first,  two  thousand  ten,  seven
     7  million five hundred thousand dollars, for the period January first, two
     8  thousand eleven though December thirty-first, two thousand eleven, seven
     9  million five hundred thousand dollars, for the period January first, two
    10  thousand  twelve  through  December  thirty-first,  two thousand twelve,
    11  seven million five hundred thousand  dollars,  for  the  period  January
    12  first, two thousand thirteen through December thirty-first, two thousand
    13  thirteen,  seven  million  five hundred thousand dollars, for the period
    14  January first, two thousand fourteen through December thirty-first,  two
    15  thousand  fourteen, seven million five hundred thousand dollars, for the
    16  period January first, two  thousand  fifteen  through  December  thirty-
    17  first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
    18  dollars, for the period  January  first  two  thousand  sixteen  through
    19  December  thirty-first, two thousand sixteen, seven million five hundred
    20  thousand dollars, for the period January first, two  thousand  seventeen
    21  through  December  thirty-first,  two  thousand seventeen, seven million
    22  five hundred thousand dollars, for the period January first,  two  thou-
    23  sand  eighteen  through  December  thirty-first,  two thousand eighteen,
    24  seven million five hundred thousand  dollars,  for  the  period  January
    25  first, two thousand nineteen through December thirty-first, two thousand
    26  nineteen,  seven  million  five hundred thousand dollars, for the period
    27  January first, two thousand twenty through  December  thirty-first,  two
    28  thousand  twenty,  seven  million five hundred thousand dollars, for the
    29  period January first, two thousand twenty-one through  December  thirty-
    30  first,  two  thousand  twenty-one,  seven  million five hundred thousand
    31  dollars, for the period January first, two thousand  twenty-two  through
    32  December  thirty-first,  two  thousand  twenty-two,  seven  million five
    33  hundred thousand dollars, and for the period January first, two thousand
    34  [twenty] twenty-three through March thirty-first, two thousand  [twenty]
    35  twenty-three, in the amount of one million six hundred thousand dollars,
    36  provided,  however,  that  for  periods  on and after January first, two
    37  thousand eight, such additional payments shall be distributed to  volun-
    38  tary, non-profit diagnostic and treatment centers and to public diagnos-
    39  tic  and  treatment centers in accordance with paragraph (g) of subdivi-
    40  sion  four  of  this  section.  In  the  event  that  federal  financial
    41  participation  is  available  for  rate  adjustments  pursuant  to  this
    42  section, the commissioner shall make such payments as additional adjust-
    43  ments to rates of payment for voluntary non-profit diagnostic and treat-
    44  ment centers that  are  eligible  for  distributions  under  subdivision
    45  four-a  of  this  section  in the following amounts: for the period June
    46  first, two thousand six through December thirty-first, two thousand six,
    47  fifteen million dollars in the aggregate, and  for  the  period  January
    48  first,  two  thousand  seven through June thirtieth, two thousand seven,
    49  seven million five  hundred  thousand  dollars  in  the  aggregate.  The
    50  amounts  allocated  pursuant  to this paragraph shall be aggregated with
    51  and distributed pursuant to  the  same  methodology  applicable  to  the
    52  amounts  allocated  to  such  diagnostic  and treatment centers for such
    53  periods pursuant to subdivision four of this section if  federal  finan-
    54  cial  participation  is not available, or pursuant to subdivision four-a
    55  of  this  section  if  federal  financial  participation  is  available.
    56  Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social

        S. 7506--B                         132                        A. 9506--B
 
     1  services law, there shall be no local  share  in  a  medical  assistance
     2  payment adjustment under this subdivision.
     3    §  11.  Subparagraph (xv) of paragraph (a) of subdivision 6 of section
     4  2807-s of the public health law, as amended by section 3 of  part  H  of
     5  chapter 57 of the laws of 2017, is amended to read as follows:
     6    (xv) A gross annual statewide amount for the period January first, two
     7  thousand  fifteen  through  December thirty-first, two thousand [twenty]
     8  twenty-three, shall be one billion forty-five million dollars.
     9    § 12. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
    10  2807-s of the public health law, as amended by section 4 of  part  H  of
    11  chapter 57 of the laws of 2017, is amended to read as follows:
    12    (xiii)  twenty-three million eight hundred thirty-six thousand dollars
    13  each state fiscal year for the period April first, two  thousand  twelve
    14  through March thirty-first, two thousand [twenty] twenty-three;
    15    §  13.  Subdivision  6  of section 2807-t of the public health law, as
    16  amended by section 8 of part H of chapter 57 of the  laws  of  2017,  is
    17  amended to read as follows:
    18    6. Prospective adjustments. (a) The commissioner shall annually recon-
    19  cile  the  sum  of  the  actual payments made to the commissioner or the
    20  commissioner's designee for each region pursuant to section twenty-eight
    21  hundred seven-s of this article and pursuant to  this  section  for  the
    22  prior  year  with  the regional allocation of the gross annual statewide
    23  amount specified in subdivision  six  of  section  twenty-eight  hundred
    24  seven-s  of this article for such prior year. The difference between the
    25  actual amount raised for a region and the  regional  allocation  of  the
    26  specified  gross annual amount for such prior year shall be applied as a
    27  prospective adjustment to the regional allocation of the specified gross
    28  annual payment amount for such region for the year  next  following  the
    29  calculation  of  the  reconciliation. The authorized dollar value of the
    30  adjustments shall be the same as if calculated retrospectively.
    31    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    32  sion,  for  covered  lives  assessment rate periods on and after January
    33  first, two thousand fifteen through December thirty-first, two  thousand
    34  [twenty]  twenty-three, for amounts collected in the aggregate in excess
    35  of one billion forty-five million dollars on an annual  basis,  prospec-
    36  tive  adjustments shall be suspended if the annual reconciliation calcu-
    37  lation from the prior year would otherwise result in a decrease  to  the
    38  regional  allocation  of  the  specified gross annual payment amount for
    39  that region, provided, however, that such  suspension  shall  be  lifted
    40  upon  a  determination  by  the  commissioner,  in consultation with the
    41  director of the budget, that sixty-five  million  dollars  in  aggregate
    42  collections  on  an  annual  basis over and above one billion forty-five
    43  million dollars on an annual basis have been reserved and set aside  for
    44  deposit  in the HCRA resources fund. Any amounts collected in the aggre-
    45  gate at or below one billion forty-five million  dollars  on  an  annual
    46  basis,   shall  be  subject  to  regional  adjustments  reconciling  any
    47  decreases or increases to the regional  allocation  in  accordance  with
    48  paragraph (a) of this subdivision.
    49    §  14.  Section 2807-v of the public health law, as amended by section
    50  22 of part H of chapter 57 of the laws of 2017, is amended  to  read  as
    51  follows:
    52    § 2807-v. Tobacco  control  and  insurance  initiatives  pool distrib-
    53  utions.   1. Funds accumulated in  the  tobacco  control  and  insurance
    54  initiatives  pool or in the health care reform act (HCRA) resources fund
    55  established pursuant to section ninety-two-dd of the state finance  law,
    56  whichever  is applicable, including income from invested funds, shall be

        S. 7506--B                         133                        A. 9506--B
 
     1  distributed or retained by the commissioner or by the state comptroller,
     2  as applicable, in accordance with the following:
     3    (a)  Funds  shall  be  deposited  by  the commissioner, within amounts
     4  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     5  directed  to  receive  for  deposit  to  the credit of the state special
     6  revenue funds - other, HCRA transfer fund, medicaid  fraud  hotline  and
     7  medicaid  administration  account, or any successor fund or account, for
     8  purposes of services and expenses  related  to  the  toll-free  medicaid
     9  fraud hotline established pursuant to section one hundred eight of chap-
    10  ter  one  of  the  laws of nineteen hundred ninety-nine from the tobacco
    11  control and insurance initiatives pool  established  for  the  following
    12  periods in the following amounts: four hundred thousand dollars annually
    13  for  the  periods  January  first, two thousand through December thirty-
    14  first, two thousand two, up to four hundred  thousand  dollars  for  the
    15  period  January first, two thousand three through December thirty-first,
    16  two thousand three, up to four hundred thousand dollars for  the  period
    17  January  first,  two  thousand  four  through December thirty-first, two
    18  thousand four, up to four hundred thousand dollars for the period  Janu-
    19  ary first, two thousand five through December thirty-first, two thousand
    20  five,  up to four hundred thousand dollars for the period January first,
    21  two thousand six through December thirty-first, two thousand six, up  to
    22  four hundred thousand dollars for the period January first, two thousand
    23  seven  through  December  thirty-first,  two  thousand seven, up to four
    24  hundred thousand dollars for the  period  January  first,  two  thousand
    25  eight  through  December  thirty-first,  two  thousand eight, up to four
    26  hundred thousand dollars for the period January first, two thousand nine
    27  through December thirty-first, two thousand nine,  up  to  four  hundred
    28  thousand  dollars for the period January first, two thousand ten through
    29  December thirty-first, two thousand ten,  up  to  one  hundred  thousand
    30  dollars  for the period January first, two thousand eleven through March
    31  thirty-first, two thousand eleven and within amounts appropriated on and
    32  after April first, two thousand eleven.
    33    (b) Funds shall be reserved and accumulated  from  year  to  year  and
    34  shall  be  available, including income from invested funds, for purposes
    35  of payment of audits or audit contracts necessary to determine payor and
    36  provider compliance with requirements set forth in sections twenty-eight
    37  hundred seven-j, twenty-eight hundred seven-s and  twenty-eight  hundred
    38  seven-t  of  this  article from the tobacco control and insurance initi-
    39  atives pool established for  the  following  periods  in  the  following
    40  amounts:  five  million  six  hundred  thousand dollars annually for the
    41  periods January first, two thousand through December  thirty-first,  two
    42  thousand  two,  up to five million dollars for the period January first,
    43  two thousand three through December thirty-first, two thousand three, up
    44  to five million dollars for the period January first, two thousand  four
    45  through  December  thirty-first,  two  thousand four, up to five million
    46  dollars for the period January first, two thousand five through December
    47  [thirty first] thirty-first, two  thousand  five,  up  to  five  million
    48  dollars  for the period January first, two thousand six through December
    49  thirty-first, two thousand six, up to seven million eight hundred  thou-
    50  sand  dollars  for  the period January first, two thousand seven through
    51  December thirty-first, two thousand seven, and up to eight million three
    52  hundred twenty-five thousand dollars for the period January  first,  two
    53  thousand  eight through December thirty-first, two thousand eight, up to
    54  eight million five hundred  thousand  dollars  for  the  period  January
    55  first,  two  thousand  nine  through December thirty-first, two thousand
    56  nine, up to eight million five hundred thousand dollars for  the  period

        S. 7506--B                         134                        A. 9506--B
 
     1  January first, two thousand ten through December thirty-first, two thou-
     2  sand ten, up to two million one hundred twenty-five thousand dollars for
     3  the  period  January  first,  two  thousand eleven through March thirty-
     4  first,  two  thousand eleven, up to fourteen million seven hundred thou-
     5  sand dollars each state fiscal year for  the  period  April  first,  two
     6  thousand eleven through March thirty-first, two thousand fourteen, up to
     7  eleven  million  one hundred thousand dollars each state fiscal year for
     8  the period April first, two  thousand  fourteen  through  March  thirty-
     9  first,  two  thousand  seventeen, [and] up to eleven million one hundred
    10  thousand dollars each state fiscal year for the period April first,  two
    11  thousand  seventeen through March thirty-first, two thousand twenty, and
    12  up to eleven million one hundred thousand dollars each state fiscal year
    13  for the period April first, two thousand twenty  through  March  thirty-
    14  first, two thousand twenty-three.
    15    (c)  Funds  shall  be  deposited  by  the commissioner, within amounts
    16  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    17  directed  to  receive  for  deposit  to  the credit of the state special
    18  revenue funds - other, HCRA transfer fund, enhanced  community  services
    19  account,  or  any  successor fund or account, for mental health services
    20  programs for case management services for adults and children; supported
    21  housing; home and community based waiver services; family  based  treat-
    22  ment;  family support services; mobile mental health teams; transitional
    23  housing; and community oversight, established pursuant to articles seven
    24  and forty-one of the mental hygiene law and subdivision nine of  section
    25  three  hundred  sixty-six of the social services law; and for comprehen-
    26  sive care centers for eating disorders pursuant to  the  former  section
    27  twenty-seven  hundred  ninety-nine-l  of  this chapter, provided however
    28  that, for such centers, funds in the amount  of  five  hundred  thousand
    29  dollars  on  an  annualized basis shall be transferred from the enhanced
    30  community services account, or any successor fund or account, and depos-
    31  ited into the fund established by section  ninety-five-e  of  the  state
    32  finance  law;  from  the  tobacco control and insurance initiatives pool
    33  established for the following periods in the following amounts:
    34    (i) forty-eight million dollars to be reserved, to be retained or  for
    35  distribution  pursuant to a chapter of the laws of two thousand, for the
    36  period January first, two thousand through  December  thirty-first,  two
    37  thousand;
    38    (ii)  eighty-seven  million  dollars to be reserved, to be retained or
    39  for distribution pursuant to a chapter of the laws of two thousand  one,
    40  for  the period January first, two thousand one through December thirty-
    41  first, two thousand one;
    42    (iii) eighty-seven million dollars to be reserved, to be  retained  or
    43  for  distribution pursuant to a chapter of the laws of two thousand two,
    44  for the period January first, two thousand two through December  thirty-
    45  first, two thousand two;
    46    (iv)  eighty-eight  million  dollars to be reserved, to be retained or
    47  for distribution pursuant to a chapter  of  the  laws  of  two  thousand
    48  three, for the period January first, two thousand three through December
    49  thirty-first, two thousand three;
    50    (v)  eighty-eight million dollars, plus five hundred thousand dollars,
    51  to be reserved, to be retained or for distribution pursuant to a chapter
    52  of the laws of two thousand four, and pursuant  to  the  former  section
    53  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
    54  ary first, two thousand four through December thirty-first, two thousand
    55  four;

        S. 7506--B                         135                        A. 9506--B
 
     1    (vi) eighty-eight million dollars, plus five hundred thousand dollars,
     2  to be reserved, to be retained or for distribution pursuant to a chapter
     3  of  the  laws  of  two thousand five, and pursuant to the former section
     4  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
     5  ary first, two thousand five through December thirty-first, two thousand
     6  five;
     7    (vii)   eighty-eight  million  dollars,  plus  five  hundred  thousand
     8  dollars, to be reserved, to be retained or for distribution pursuant  to
     9  a  chapter  of  the  laws  of  two  thousand six, and pursuant to former
    10  section twenty-seven hundred ninety-nine-l  of  this  chapter,  for  the
    11  period  January  first,  two thousand six through December thirty-first,
    12  two thousand six;
    13    (viii) eighty-six million four hundred  thousand  dollars,  plus  five
    14  hundred thousand dollars, to be reserved, to be retained or for distrib-
    15  ution pursuant to a chapter of the laws of two thousand seven and pursu-
    16  ant  to  the  former  section twenty-seven hundred ninety-nine-l of this
    17  chapter, for the period January first, two thousand seven through Decem-
    18  ber thirty-first, two thousand seven; and
    19    (ix) twenty-two million nine hundred thirteen thousand  dollars,  plus
    20  one hundred twenty-five thousand dollars, to be reserved, to be retained
    21  or  for  distribution  pursuant to a chapter of the laws of two thousand
    22  eight and pursuant to the former section  twenty-seven  hundred  ninety-
    23  nine-l of this chapter, for the period January first, two thousand eight
    24  through March thirty-first, two thousand eight.
    25    (d)  Funds  shall  be  deposited  by  the commissioner, within amounts
    26  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    27  directed  to  receive  for  deposit  to  the credit of the state special
    28  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    29  or  any  successor  fund  or  account, for purposes of funding the state
    30  share of services and expenses related to the family health plus program
    31  including up to two and one-half million dollars annually for the period
    32  January first, two thousand through December thirty-first, two  thousand
    33  two, for administration and marketing costs associated with such program
    34  established  pursuant to clause (A) of subparagraph (v) of paragraph (a)
    35  of subdivision two of section three hundred sixty-nine-ee of the  social
    36  services  law  from  the  tobacco control and insurance initiatives pool
    37  established for the following periods in the following amounts:
    38    (i) three million five hundred thousand dollars for the period January
    39  first, two thousand through December thirty-first, two thousand;
    40    (ii) twenty-seven million dollars for the period  January  first,  two
    41  thousand one through December thirty-first, two thousand one; and
    42    (iii)  fifty-seven  million  dollars for the period January first, two
    43  thousand two through December thirty-first, two thousand two.
    44    (e) Funds shall be  deposited  by  the  commissioner,  within  amounts
    45  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    46  directed to receive for deposit to  the  credit  of  the  state  special
    47  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    48  or any successor fund or account, for  purposes  of  funding  the  state
    49  share of services and expenses related to the family health plus program
    50  including up to two and one-half million dollars annually for the period
    51  January  first, two thousand through December thirty-first, two thousand
    52  two for administration and marketing costs associated with such  program
    53  established  pursuant to clause (B) of subparagraph (v) of paragraph (a)
    54  of subdivision two of section three hundred sixty-nine-ee of the  social
    55  services  law  from  the  tobacco control and insurance initiatives pool
    56  established for the following periods in the following amounts:

        S. 7506--B                         136                        A. 9506--B
 
     1    (i) two million five hundred thousand dollars for the  period  January
     2  first, two thousand through December thirty-first, two thousand;
     3    (ii) thirty million five hundred thousand dollars for the period Janu-
     4  ary  first, two thousand one through December thirty-first, two thousand
     5  one; and
     6    (iii) sixty-six million dollars for  the  period  January  first,  two
     7  thousand two through December thirty-first, two thousand two.
     8    (f)  Funds  shall  be  deposited  by  the commissioner, within amounts
     9  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    10  directed  to  receive  for  deposit  to  the credit of the state special
    11  revenue funds - other, HCRA transfer fund, medicaid  fraud  hotline  and
    12  medicaid  administration  account, or any successor fund or account, for
    13  purposes of payment of administrative expenses of the department related
    14  to the family health plus program established pursuant to section  three
    15  hundred  sixty-nine-ee  of  the  social  services  law  from the tobacco
    16  control and insurance initiatives pool  established  for  the  following
    17  periods  in  the  following amounts: five hundred thousand dollars on an
    18  annual basis for the periods January first, two thousand through  Decem-
    19  ber  thirty-first,  two  thousand six, five hundred thousand dollars for
    20  the period January first, two thousand seven  through  December  thirty-
    21  first,  two  thousand  seven,  and five hundred thousand dollars for the
    22  period January first, two thousand eight through December  thirty-first,
    23  two thousand eight, five hundred thousand dollars for the period January
    24  first,  two  thousand  nine  through December thirty-first, two thousand
    25  nine, five hundred thousand dollars for the period  January  first,  two
    26  thousand  ten  through  December  thirty-first,  two  thousand  ten, one
    27  hundred twenty-five thousand dollars for the period January  first,  two
    28  thousand  eleven  through  March  thirty-first,  two thousand eleven and
    29  within amounts appropriated on and after April first, two thousand elev-
    30  en.
    31    (g) Funds shall be reserved and accumulated  from  year  to  year  and
    32  shall  be  available, including income from invested funds, for purposes
    33  of services and expenses related to the health maintenance  organization
    34  direct  pay  market program established pursuant to sections forty-three
    35  hundred twenty-one-a and forty-three hundred twenty-two-a of the  insur-
    36  ance  law from the tobacco control and insurance initiatives pool estab-
    37  lished for the following periods in the following amounts:
    38    (i) up to thirty-five million dollars for the  period  January  first,
    39  two  thousand through December thirty-first, two thousand of which fifty
    40  percentum shall be allocated to the program  pursuant  to  section  four
    41  thousand  three  hundred  twenty-one-a  of  the  insurance law and fifty
    42  percentum to the program pursuant to section four thousand three hundred
    43  twenty-two-a of the insurance law;
    44    (ii) up to thirty-six million dollars for the  period  January  first,
    45  two  thousand  one  through  December  thirty-first, two thousand one of
    46  which fifty percentum shall be allocated  to  the  program  pursuant  to
    47  section  four  thousand  three hundred twenty-one-a of the insurance law
    48  and fifty percentum to the program pursuant  to  section  four  thousand
    49  three hundred twenty-two-a of the insurance law;
    50    (iii)  up to thirty-nine million dollars for the period January first,
    51  two thousand two through December  thirty-first,  two  thousand  two  of
    52  which  fifty  percentum  shall  be  allocated to the program pursuant to
    53  section four thousand three hundred twenty-one-a of  the  insurance  law
    54  and  fifty  percentum  to  the program pursuant to section four thousand
    55  three hundred twenty-two-a of the insurance law;

        S. 7506--B                         137                        A. 9506--B
 
     1    (iv) up to forty million dollars for the  period  January  first,  two
     2  thousand  three  through  December  thirty-first,  two thousand three of
     3  which fifty percentum shall be allocated  to  the  program  pursuant  to
     4  section  four  thousand  three hundred twenty-one-a of the insurance law
     5  and  fifty  percentum  to  the program pursuant to section four thousand
     6  three hundred twenty-two-a of the insurance law;
     7    (v) up to forty million dollars for  the  period  January  first,  two
     8  thousand  four through December thirty-first, two thousand four of which
     9  fifty percentum shall be allocated to the program  pursuant  to  section
    10  four  thousand three hundred twenty-one-a of the insurance law and fifty
    11  percentum to the program pursuant to section four thousand three hundred
    12  twenty-two-a of the insurance law;
    13    (vi) up to forty million dollars for the  period  January  first,  two
    14  thousand  five through December thirty-first, two thousand five of which
    15  fifty percentum shall be allocated to the program  pursuant  to  section
    16  four  thousand three hundred twenty-one-a of the insurance law and fifty
    17  percentum to the program pursuant to section four thousand three hundred
    18  twenty-two-a of the insurance law;
    19    (vii) up to forty million dollars for the period  January  first,  two
    20  thousand  six  through  December thirty-first, two thousand six of which
    21  fifty percentum shall be allocated to the program  pursuant  to  section
    22  four  thousand three hundred twenty-one-a of the insurance law and fifty
    23  percentum shall be allocated to the program  pursuant  to  section  four
    24  thousand three hundred twenty-two-a of the insurance law;
    25    (viii)  up  to forty million dollars for the period January first, two
    26  thousand seven through December  thirty-first,  two  thousand  seven  of
    27  which  fifty  percentum  shall  be  allocated to the program pursuant to
    28  section four thousand three hundred twenty-one-a of  the  insurance  law
    29  and  fifty  percentum  shall  be  allocated  to  the program pursuant to
    30  section four thousand three hundred twenty-two-a of the  insurance  law;
    31  and
    32    (ix)  up  to  forty  million dollars for the period January first, two
    33  thousand eight through December  thirty-first,  two  thousand  eight  of
    34  which  fifty  per  centum  shall be allocated to the program pursuant to
    35  section four thousand three hundred twenty-one-a of  the  insurance  law
    36  and  fifty  per  centum  shall  be  allocated to the program pursuant to
    37  section four thousand three hundred twenty-two-a of the insurance law.
    38    (h) Funds shall be reserved and accumulated  from  year  to  year  and
    39  shall  be  available, including income from invested funds, for purposes
    40  of services and expenses related to  the  healthy  New  York  individual
    41  program  established  pursuant  to  sections four thousand three hundred
    42  twenty-six and four thousand three hundred twenty-seven of the insurance
    43  law from the tobacco control and insurance initiatives pool  established
    44  for the following periods in the following amounts:
    45    (i)  up to six million dollars for the period January first, two thou-
    46  sand one through December thirty-first, two thousand one;
    47    (ii) up to twenty-nine million dollars for the period  January  first,
    48  two thousand two through December thirty-first, two thousand two;
    49    (iii)  up  to five million one hundred thousand dollars for the period
    50  January first, two thousand three  through  December  thirty-first,  two
    51  thousand three;
    52    (iv)  up  to  twenty-four million six hundred thousand dollars for the
    53  period January first, two thousand four through  December  thirty-first,
    54  two thousand four;

        S. 7506--B                         138                        A. 9506--B
 
     1    (v)  up  to  thirty-four  million six hundred thousand dollars for the
     2  period January first, two thousand five through  December  thirty-first,
     3  two thousand five;
     4    (vi)  up  to fifty-four million eight hundred thousand dollars for the
     5  period January first, two thousand six  through  December  thirty-first,
     6  two thousand six;
     7    (vii)  up  to sixty-one million seven hundred thousand dollars for the
     8  period January first, two thousand seven through December  thirty-first,
     9  two thousand seven; and
    10    (viii)  up  to  one hundred three million seven hundred fifty thousand
    11  dollars for the period January first, two thousand eight through  Decem-
    12  ber thirty-first, two thousand eight.
    13    (i)  Funds  shall  be  reserved  and accumulated from year to year and
    14  shall be available, including income from invested funds,  for  purposes
    15  of  services  and expenses related to the healthy New York group program
    16  established pursuant to sections four thousand three hundred  twenty-six
    17  and  four  thousand three hundred twenty-seven of the insurance law from
    18  the tobacco control and insurance initiatives pool established  for  the
    19  following periods in the following amounts:
    20    (i)  up  to  thirty-four million dollars for the period January first,
    21  two thousand one through December thirty-first, two thousand one;
    22    (ii) up to seventy-seven million dollars for the period January first,
    23  two thousand two through December thirty-first, two thousand two;
    24    (iii) up to ten million five hundred thousand dollars for  the  period
    25  January  first,  two  thousand  three through December thirty-first, two
    26  thousand three;
    27    (iv) up to twenty-four million six hundred thousand  dollars  for  the
    28  period  January  first, two thousand four through December thirty-first,
    29  two thousand four;
    30    (v) up to thirty-four million six hundred  thousand  dollars  for  the
    31  period  January  first, two thousand five through December thirty-first,
    32  two thousand five;
    33    (vi) up to fifty-four million eight hundred thousand dollars  for  the
    34  period  January  first,  two thousand six through December thirty-first,
    35  two thousand six;
    36    (vii) up to sixty-one million seven hundred thousand dollars  for  the
    37  period  January first, two thousand seven through December thirty-first,
    38  two thousand seven; and
    39    (viii) up to one hundred three million seven  hundred  fifty  thousand
    40  dollars  for the period January first, two thousand eight through Decem-
    41  ber thirty-first, two thousand eight.
    42    (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
    43  subdivision, the commissioner shall reserve and  accumulate  up  to  two
    44  million  five  hundred thousand dollars annually for the periods January
    45  first, two thousand four through  December  thirty-first,  two  thousand
    46  six,  one  million  four hundred thousand dollars for the period January
    47  first, two thousand seven through December  thirty-first,  two  thousand
    48  seven,  two  million  dollars for the period January first, two thousand
    49  eight through December thirty-first,  two  thousand  eight,  from  funds
    50  otherwise  available  for  distribution  under  such  paragraphs for the
    51  services and expenses related to the  pilot  program  for  entertainment
    52  industry  employees  included  in subsection (b) of section one thousand
    53  one hundred twenty-two of the insurance law,  and  an  additional  seven
    54  hundred  thousand  dollars  annually  for the periods January first, two
    55  thousand four through December thirty-first, two thousand six, an  addi-
    56  tional  three hundred thousand dollars for the period January first, two

        S. 7506--B                         139                        A. 9506--B
 
     1  thousand seven through June thirtieth, two thousand seven  for  services
     2  and expenses related to the pilot program for displaced workers included
     3  in  subsection (c) of section one thousand one hundred twenty-two of the
     4  insurance law.
     5    (j)  Funds  shall  be  reserved  and accumulated from year to year and
     6  shall be available, including income from invested funds,  for  purposes
     7  of  services  and  expenses  related  to  the tobacco use prevention and
     8  control program established pursuant to sections thirteen hundred  nine-
     9  ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
    10  tobacco  control  and  insurance  initiatives  pool  established for the
    11  following periods in the following amounts:
    12    (i) up to thirty million dollars for the  period  January  first,  two
    13  thousand through December thirty-first, two thousand;
    14    (ii)  up  to  forty  million dollars for the period January first, two
    15  thousand one through December thirty-first, two thousand one;
    16    (iii) up to forty million dollars for the period  January  first,  two
    17  thousand two through December thirty-first, two thousand two;
    18    (iv)  up to thirty-six million nine hundred fifty thousand dollars for
    19  the period January first, two thousand three  through  December  thirty-
    20  first, two thousand three;
    21    (v)  up  to thirty-six million nine hundred fifty thousand dollars for
    22  the period January first, two thousand  four  through  December  thirty-
    23  first, two thousand four;
    24    (vi)  up  to forty million six hundred thousand dollars for the period
    25  January first, two thousand  five  through  December  thirty-first,  two
    26  thousand five;
    27    (vii)  up  to eighty-one million nine hundred thousand dollars for the
    28  period January first, two thousand six  through  December  thirty-first,
    29  two thousand six, provided, however, that within amounts appropriated, a
    30  portion  of  such  funds  may  be transferred to the Roswell Park Cancer
    31  Institute Corporation to support costs associated with cancer research;
    32    (viii) up to ninety-four million one hundred  fifty  thousand  dollars
    33  for  the period January first, two thousand seven through December thir-
    34  ty-first, two thousand seven, provided,  however,  that  within  amounts
    35  appropriated,  a portion of such funds may be transferred to the Roswell
    36  Park Cancer Institute  Corporation  to  support  costs  associated  with
    37  cancer research;
    38    (ix)  up to ninety-four million one hundred fifty thousand dollars for
    39  the period January first, two thousand eight  through  December  thirty-
    40  first, two thousand eight;
    41    (x)  up  to ninety-four million one hundred fifty thousand dollars for
    42  the period January first, two thousand  nine  through  December  thirty-
    43  first, two thousand nine;
    44    (xi)  up  to  eighty-seven million seven hundred seventy-five thousand
    45  dollars for the period January first, two thousand ten through  December
    46  thirty-first, two thousand ten;
    47    (xii)  up  to  twenty-one million four hundred twelve thousand dollars
    48  for the period January first, two thousand eleven through March  thirty-
    49  first, two thousand eleven;
    50    (xiii) up to fifty-two million one hundred thousand dollars each state
    51  fiscal  year  for  the  period  April first, two thousand eleven through
    52  March thirty-first, two thousand fourteen;
    53    (xiv) up to six million dollars each state fiscal year for the  period
    54  April first, two thousand fourteen through March thirty-first, two thou-
    55  sand seventeen; [and]

        S. 7506--B                         140                        A. 9506--B
 
     1    (xv)  up  to six million dollars each state fiscal year for the period
     2  April first, two thousand  seventeen  through  March  thirty-first,  two
     3  thousand twenty; and
     4    (xvi)  up to six million dollars each state fiscal year for the period
     5  April first, two thousand twenty through March thirty-first,  two  thou-
     6  sand twenty-three.
     7    (k)  Funds  shall  be  deposited  by  the commissioner, within amounts
     8  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     9  directed  to  receive  for  deposit  to  the credit of the state special
    10  revenue fund - other, HCRA transfer fund, health care services  account,
    11  or  any successor fund or account, for purposes of services and expenses
    12  related to public health programs, including comprehensive care  centers
    13  for eating disorders pursuant to the former section twenty-seven hundred
    14  ninety-nine-l  of this chapter, provided however that, for such centers,
    15  funds in the amount of five hundred thousand dollars  on  an  annualized
    16  basis shall be transferred from the health care services account, or any
    17  successor  fund  or  account, and deposited into the fund established by
    18  section ninety-five-e of the state finance  law  for  periods  prior  to
    19  March  thirty-first,  two  thousand eleven, from the tobacco control and
    20  insurance initiatives pool established for the following periods in  the
    21  following amounts:
    22    (i) up to thirty-one million dollars for the period January first, two
    23  thousand through December thirty-first, two thousand;
    24    (ii) up to forty-one million dollars for the period January first, two
    25  thousand one through December thirty-first, two thousand one;
    26    (iii)  up  to eighty-one million dollars for the period January first,
    27  two thousand two through December thirty-first, two thousand two;
    28    (iv) one hundred twenty-two million five hundred thousand dollars  for
    29  the  period  January  first, two thousand three through December thirty-
    30  first, two thousand three;
    31    (v) one hundred  eight  million  five  hundred  seventy-five  thousand
    32  dollars, plus an additional five hundred thousand dollars, for the peri-
    33  od  January  first, two thousand four through December thirty-first, two
    34  thousand four;
    35    (vi) ninety-one million eight hundred thousand dollars, plus an  addi-
    36  tional  five hundred thousand dollars, for the period January first, two
    37  thousand five through December thirty-first, two thousand five;
    38    (vii) one hundred fifty-six million six hundred thousand dollars, plus
    39  an additional five hundred thousand  dollars,  for  the  period  January
    40  first, two thousand six through December thirty-first, two thousand six;
    41    (viii)  one  hundred  fifty-one million four hundred thousand dollars,
    42  plus an additional five hundred thousand dollars, for the period January
    43  first, two thousand seven through December  thirty-first,  two  thousand
    44  seven;
    45    (ix)  one  hundred  sixteen  million  nine hundred forty-nine thousand
    46  dollars, plus an additional five hundred thousand dollars, for the peri-
    47  od January first, two thousand eight through December thirty-first,  two
    48  thousand eight;
    49    (x)  one  hundred  sixteen  million  nine  hundred forty-nine thousand
    50  dollars, plus an additional five hundred thousand dollars, for the peri-
    51  od January first, two thousand nine through December  thirty-first,  two
    52  thousand nine;
    53    (xi)  one  hundred  sixteen  million  nine hundred forty-nine thousand
    54  dollars, plus an additional five hundred thousand dollars, for the peri-
    55  od January first, two thousand ten through  December  thirty-first,  two
    56  thousand ten;

        S. 7506--B                         141                        A. 9506--B
 
     1    (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
     2  hundred fifty dollars, plus an additional one hundred twenty-five  thou-
     3  sand  dollars, for the period January first, two thousand eleven through
     4  March thirty-first, two thousand eleven;
     5    (xiii)  one  hundred  twenty million thirty-eight thousand dollars for
     6  the period April first, two thousand eleven through March  thirty-first,
     7  two thousand twelve; and
     8    (xiv) one hundred nineteen million four hundred seven thousand dollars
     9  each  state  fiscal year for the period April first, two thousand twelve
    10  through March thirty-first, two thousand fourteen.
    11    (l) Funds shall be  deposited  by  the  commissioner,  within  amounts
    12  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    13  directed to receive for deposit to  the  credit  of  the  state  special
    14  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    15  or any successor fund or account, for  purposes  of  funding  the  state
    16  share  of the personal care and certified home health agency rate or fee
    17  increases established pursuant to subdivision  three  of  section  three
    18  hundred  sixty-seven-o  of  the  social  services  law  from the tobacco
    19  control and insurance initiatives pool  established  for  the  following
    20  periods in the following amounts:
    21    (i)  twenty-three  million two hundred thousand dollars for the period
    22  January first, two thousand through December thirty-first, two thousand;
    23    (ii) twenty-three million two hundred thousand dollars for the  period
    24  January first, two thousand one through December thirty-first, two thou-
    25  sand one;
    26    (iii) twenty-three million two hundred thousand dollars for the period
    27  January first, two thousand two through December thirty-first, two thou-
    28  sand two;
    29    (iv)  up  to  sixty-five  million two hundred thousand dollars for the
    30  period January first, two thousand three through December  thirty-first,
    31  two thousand three;
    32    (v)  up  to  sixty-five  million  two hundred thousand dollars for the
    33  period January first, two thousand four through  December  thirty-first,
    34  two thousand four;
    35    (vi)  up  to  sixty-five  million two hundred thousand dollars for the
    36  period January first, two thousand five through  December  thirty-first,
    37  two thousand five;
    38    (vii)  up  to  sixty-five million two hundred thousand dollars for the
    39  period January first, two thousand six  through  December  thirty-first,
    40  two thousand six;
    41    (viii)  up  to sixty-five million two hundred thousand dollars for the
    42  period January first, two thousand seven through December  thirty-first,
    43  two thousand seven; and
    44    (ix)  up  to  sixteen  million  three hundred thousand dollars for the
    45  period January first, two thousand eight through March thirty-first, two
    46  thousand eight.
    47    (m) Funds shall be  deposited  by  the  commissioner,  within  amounts
    48  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    49  directed to receive for deposit to  the  credit  of  the  state  special
    50  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    51  or any successor fund or account, for  purposes  of  funding  the  state
    52  share  of  services  and expenses related to home care workers insurance
    53  pilot demonstration programs established pursuant to subdivision two  of
    54  section  three hundred sixty-seven-o of the social services law from the
    55  tobacco control and  insurance  initiatives  pool  established  for  the
    56  following periods in the following amounts:

        S. 7506--B                         142                        A. 9506--B
 
     1    (i)  three million eight hundred thousand dollars for the period Janu-
     2  ary first, two thousand through December thirty-first, two thousand;
     3    (ii) three million eight hundred thousand dollars for the period Janu-
     4  ary  first, two thousand one through December thirty-first, two thousand
     5  one;
     6    (iii) three million eight hundred  thousand  dollars  for  the  period
     7  January first, two thousand two through December thirty-first, two thou-
     8  sand two;
     9    (iv) up to three million eight hundred thousand dollars for the period
    10  January  first,  two  thousand  three through December thirty-first, two
    11  thousand three;
    12    (v) up to three million eight hundred thousand dollars for the  period
    13  January  first,  two  thousand  four  through December thirty-first, two
    14  thousand four;
    15    (vi) up to three million eight hundred thousand dollars for the period
    16  January first, two thousand  five  through  December  thirty-first,  two
    17  thousand five;
    18    (vii) up to three million eight hundred thousand dollars for the peri-
    19  od  January  first,  two thousand six through December thirty-first, two
    20  thousand six;
    21    (viii) up to three million eight  hundred  thousand  dollars  for  the
    22  period  January first, two thousand seven through December thirty-first,
    23  two thousand seven; and
    24    (ix) up to nine hundred fifty thousand dollars for the period  January
    25  first,  two  thousand  eight  through  March  thirty-first, two thousand
    26  eight.
    27    (n) Funds shall be transferred by the commissioner and shall be depos-
    28  ited to the credit of the special revenue funds -  other,  miscellaneous
    29  special  revenue  fund  - 339, elderly pharmaceutical insurance coverage
    30  program premium account authorized pursuant to the provisions  of  title
    31  three of article two of the elder law, or any successor fund or account,
    32  for  funding  state  expenses  relating  to the program from the tobacco
    33  control and insurance initiatives pool  established  for  the  following
    34  periods in the following amounts:
    35    (i)  one  hundred  seven million dollars for the period January first,
    36  two thousand through December thirty-first, two thousand;
    37    (ii) one hundred sixty-four million dollars  for  the  period  January
    38  first, two thousand one through December thirty-first, two thousand one;
    39    (iii)  three hundred twenty-two million seven hundred thousand dollars
    40  for the period January first, two thousand two through December  thirty-
    41  first, two thousand two;
    42    (iv)  four hundred thirty-three million three hundred thousand dollars
    43  for the period January first, two thousand three through December  thir-
    44  ty-first, two thousand three;
    45    (v)  five  hundred four million one hundred fifty thousand dollars for
    46  the period January first, two thousand  four  through  December  thirty-
    47  first, two thousand four;
    48    (vi) five hundred sixty-six million eight hundred thousand dollars for
    49  the  period  January  first,  two thousand five through December thirty-
    50  first, two thousand five;
    51    (vii) six hundred three million one hundred fifty thousand dollars for
    52  the period January first, two  thousand  six  through  December  thirty-
    53  first, two thousand six;
    54    (viii)  six  hundred  sixty million eight hundred thousand dollars for
    55  the period January first, two thousand seven  through  December  thirty-
    56  first, two thousand seven;

        S. 7506--B                         143                        A. 9506--B
 
     1    (ix)  three hundred sixty-seven million four hundred sixty-three thou-
     2  sand dollars for the period January first, two  thousand  eight  through
     3  December thirty-first, two thousand eight;
     4    (x)  three hundred thirty-four million eight hundred twenty-five thou-
     5  sand dollars for the period January first,  two  thousand  nine  through
     6  December thirty-first, two thousand nine;
     7    (xi)  three  hundred  forty-four million nine hundred thousand dollars
     8  for the period January first, two thousand ten through December  thirty-
     9  first, two thousand ten;
    10    (xii) eighty-seven million seven hundred eighty-eight thousand dollars
    11  for  the period January first, two thousand eleven through March thirty-
    12  first, two thousand eleven;
    13    (xiii) one hundred forty-three  million  one  hundred  fifty  thousand
    14  dollars  for  the  period April first, two thousand eleven through March
    15  thirty-first, two thousand twelve;
    16    (xiv) one hundred twenty million nine hundred fifty  thousand  dollars
    17  for  the  period  April first, two thousand twelve through March thirty-
    18  first, two thousand thirteen;
    19    (xv) one hundred twenty-eight million  eight  hundred  fifty  thousand
    20  dollars  for the period April first, two thousand thirteen through March
    21  thirty-first, two thousand fourteen;
    22    (xvi) one hundred twenty-seven million four hundred  sixteen  thousand
    23  dollars  each state fiscal year for the period April first, two thousand
    24  fourteen through March thirty-first, two thousand seventeen; [and]
    25    (xvii) one hundred twenty-seven million four hundred sixteen  thousand
    26  dollars  each state fiscal year for the period April first, two thousand
    27  seventeen through March thirty-first, two thousand twenty; and
    28    (xviii) one hundred twenty-seven million four hundred sixteen thousand
    29  dollars each state fiscal year for the period April first, two  thousand
    30  twenty through March thirty-first, two thousand twenty-three.
    31    (o)  Funds  shall be reserved and accumulated and shall be transferred
    32  to the Roswell Park  Cancer  Institute  Corporation,  from  the  tobacco
    33  control  and  insurance  initiatives  pool established for the following
    34  periods in the following amounts:
    35    (i) up to ninety million dollars for the  period  January  first,  two
    36  thousand through December thirty-first, two thousand;
    37    (ii)  up  to  sixty  million dollars for the period January first, two
    38  thousand one through December thirty-first, two thousand one;
    39    (iii) up to eighty-five million dollars for the period January  first,
    40  two thousand two through December thirty-first, two thousand two;
    41    (iv)  eighty-five  million  two hundred fifty thousand dollars for the
    42  period January first, two thousand three through December  thirty-first,
    43  two thousand three;
    44    (v)  seventy-eight  million  dollars for the period January first, two
    45  thousand four through December thirty-first, two thousand four;
    46    (vi) seventy-eight million dollars for the period January  first,  two
    47  thousand five through December thirty-first, two thousand five;
    48    (vii)  ninety-one  million  dollars  for the period January first, two
    49  thousand six through December thirty-first, two thousand six;
    50    (viii) seventy-eight million dollars for the period January first, two
    51  thousand seven through December thirty-first, two thousand seven;
    52    (ix) seventy-eight million dollars for the period January  first,  two
    53  thousand eight through December thirty-first, two thousand eight;
    54    (x)  seventy-eight  million  dollars for the period January first, two
    55  thousand nine through December thirty-first, two thousand nine;

        S. 7506--B                         144                        A. 9506--B
 
     1    (xi) seventy-eight million dollars for the period January  first,  two
     2  thousand ten through December thirty-first, two thousand ten;
     3    (xii)  nineteen  million  five hundred thousand dollars for the period
     4  January first, two thousand eleven through March thirty-first, two thou-
     5  sand eleven;
     6    (xiii) sixty-nine million eight hundred forty  thousand  dollars  each
     7  state  fiscal  year  for  the  period  April  first, two thousand eleven
     8  through March thirty-first, two thousand fourteen;
     9    (xiv) up to ninety-six million six hundred thousand dollars each state
    10  fiscal year for the period April first, two  thousand  fourteen  through
    11  March thirty-first, two thousand seventeen; [and]
    12    (xv)  up to ninety-six million six hundred thousand dollars each state
    13  fiscal year for the period April first, two thousand  seventeen  through
    14  March thirty-first, two thousand twenty; and
    15    (xvi) up to ninety-six million six hundred thousand dollars each state
    16  fiscal  year  for  the  period  April first, two thousand twenty through
    17  March thirty-first, two thousand twenty-three.
    18    (p) Funds shall be  deposited  by  the  commissioner,  within  amounts
    19  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    20  directed to receive for deposit to  the  credit  of  the  state  special
    21  revenue  funds - other, indigent care fund - 068, indigent care account,
    22  or any successor fund or account, for purposes of providing  a  medicaid
    23  disproportionate  share payment from the high need indigent care adjust-
    24  ment pool established pursuant to section twenty-eight  hundred  seven-w
    25  of this article, from the tobacco control and insurance initiatives pool
    26  established for the following periods in the following amounts:
    27    (i) eighty-two million dollars annually for the periods January first,
    28  two thousand through December thirty-first, two thousand two;
    29    (ii)  up  to  eighty-two million dollars for the period January first,
    30  two thousand three through December thirty-first, two thousand three;
    31    (iii) up to eighty-two million dollars for the period  January  first,
    32  two thousand four through December thirty-first, two thousand four;
    33    (iv)  up  to  eighty-two million dollars for the period January first,
    34  two thousand five through December thirty-first, two thousand five;
    35    (v) up to eighty-two million dollars for the period January first, two
    36  thousand six through December thirty-first, two thousand six;
    37    (vi) up to eighty-two million dollars for the  period  January  first,
    38  two thousand seven through December thirty-first, two thousand seven;
    39    (vii)  up  to eighty-two million dollars for the period January first,
    40  two thousand eight through December thirty-first, two thousand eight;
    41    (viii) up to eighty-two million dollars for the period January  first,
    42  two thousand nine through December thirty-first, two thousand nine;
    43    (ix)  up  to  eighty-two million dollars for the period January first,
    44  two thousand ten through December thirty-first, two thousand ten;
    45    (x) up to twenty million five hundred thousand dollars for the  period
    46  January first, two thousand eleven through March thirty-first, two thou-
    47  sand eleven; and
    48    (xi)  up  to eighty-two million dollars each state fiscal year for the
    49  period April first, two thousand eleven through March thirty-first,  two
    50  thousand fourteen.
    51    (q)  Funds  shall  be  reserved  and accumulated from year to year and
    52  shall be available, including income from invested funds,  for  purposes
    53  of  providing  distributions  to  eligible  school  based health centers
    54  established pursuant to section eighty-eight of chapter one of the  laws
    55  of  nineteen hundred ninety-nine, from the tobacco control and insurance

        S. 7506--B                         145                        A. 9506--B
 
     1  initiatives pool established for the following periods in the  following
     2  amounts:
     3    (i)  seven  million dollars annually for the period January first, two
     4  thousand through December thirty-first, two thousand two;
     5    (ii) up to seven million dollars for the  period  January  first,  two
     6  thousand three through December thirty-first, two thousand three;
     7    (iii)  up  to  seven million dollars for the period January first, two
     8  thousand four through December thirty-first, two thousand four;
     9    (iv) up to seven million dollars for the  period  January  first,  two
    10  thousand five through December thirty-first, two thousand five;
    11    (v)  up  to  seven  million  dollars for the period January first, two
    12  thousand six through December thirty-first, two thousand six;
    13    (vi) up to seven million dollars for the  period  January  first,  two
    14  thousand seven through December thirty-first, two thousand seven;
    15    (vii)  up  to  seven million dollars for the period January first, two
    16  thousand eight through December thirty-first, two thousand eight;
    17    (viii) up to seven million dollars for the period January  first,  two
    18  thousand nine through December thirty-first, two thousand nine;
    19    (ix)  up  to  seven  million dollars for the period January first, two
    20  thousand ten through December thirty-first, two thousand ten;
    21    (x) up to one million seven hundred fifty  thousand  dollars  for  the
    22  period  January  first,  two thousand eleven through March thirty-first,
    23  two thousand eleven;
    24    (xi) up to five million six hundred thousand dollars each state fiscal
    25  year for the period April first, two thousand eleven through March thir-
    26  ty-first, two thousand fourteen;
    27    (xii) up to five  million  two  hundred  [eighty-eighty]  eighty-eight
    28  thousand  dollars each state fiscal year for the period April first, two
    29  thousand fourteen through March thirty-first,  two  thousand  seventeen;
    30  [and]
    31    (xiii)  up  to  five million two hundred eighty-eight thousand dollars
    32  each state fiscal year for the period April first, two  thousand  seven-
    33  teen through March thirty-first, two thousand twenty; and
    34    (xiv)  up  to  five  million two hundred eighty-eight thousand dollars
    35  each state fiscal year for the period April first, two  thousand  twenty
    36  through March thirty-first, two thousand twenty-three.
    37    (r) Funds shall be deposited by the commissioner within amounts appro-
    38  priated,  and the state comptroller is hereby authorized and directed to
    39  receive for deposit to the credit of the state special revenue  funds  -
    40  other,  HCRA transfer fund, medical assistance account, or any successor
    41  fund or account, for purposes of providing distributions for  supplemen-
    42  tary   medical  insurance  for  Medicare  part  B  premiums,  physicians
    43  services, outpatient services, medical  equipment,  supplies  and  other
    44  health services, from the tobacco control and insurance initiatives pool
    45  established for the following periods in the following amounts:
    46    (i)  forty-three  million  dollars  for  the period January first, two
    47  thousand through December thirty-first, two thousand;
    48    (ii) sixty-one million dollars for the period January first, two thou-
    49  sand one through December thirty-first, two thousand one;
    50    (iii) sixty-five million dollars for the  period  January  first,  two
    51  thousand two through December thirty-first, two thousand two;
    52    (iv)  sixty-seven million five hundred thousand dollars for the period
    53  January first, two thousand three  through  December  thirty-first,  two
    54  thousand three;
    55    (v)  sixty-eight  million  dollars  for  the period January first, two
    56  thousand four through December thirty-first, two thousand four;

        S. 7506--B                         146                        A. 9506--B
 
     1    (vi) sixty-eight million dollars for the  period  January  first,  two
     2  thousand five through December thirty-first, two thousand five;
     3    (vii)  sixty-eight  million  dollars for the period January first, two
     4  thousand six through December thirty-first, two thousand six;
     5    (viii) seventeen million five hundred thousand dollars for the  period
     6  January  first,  two  thousand  seven through December thirty-first, two
     7  thousand seven;
     8    (ix) sixty-eight million dollars for the  period  January  first,  two
     9  thousand eight through December thirty-first, two thousand eight;
    10    (x)  sixty-eight  million  dollars  for  the period January first, two
    11  thousand nine through December thirty-first, two thousand nine;
    12    (xi) sixty-eight million dollars for the  period  January  first,  two
    13  thousand ten through December thirty-first, two thousand ten;
    14    (xii)  seventeen  million  dollars  for  the period January first, two
    15  thousand eleven through March thirty-first, two thousand eleven; and
    16    (xiii) sixty-eight million dollars each  state  fiscal  year  for  the
    17  period  April first, two thousand eleven through March thirty-first, two
    18  thousand fourteen.
    19    (s) Funds shall be deposited by the commissioner within amounts appro-
    20  priated, and the state comptroller is hereby authorized and directed  to
    21  receive  for  deposit to the credit of the state special revenue funds -
    22  other, HCRA transfer fund, medical assistance account, or any  successor
    23  fund  or  account,  for  purposes of providing distributions pursuant to
    24  paragraphs (s-5), (s-6),  (s-7)  and  (s-8)  of  subdivision  eleven  of
    25  section  twenty-eight  hundred  seven-c of this article from the tobacco
    26  control and insurance initiatives pool  established  for  the  following
    27  periods in the following amounts:
    28    (i)  eighteen  million dollars for the period January first, two thou-
    29  sand through December thirty-first, two thousand;
    30    (ii) twenty-four million dollars  annually  for  the  periods  January
    31  first, two thousand one through December thirty-first, two thousand two;
    32    (iii)  up to twenty-four million dollars for the period January first,
    33  two thousand three through December thirty-first, two thousand three;
    34    (iv) up to twenty-four million dollars for the period  January  first,
    35  two thousand four through December thirty-first, two thousand four;
    36    (v)  up  to  twenty-four million dollars for the period January first,
    37  two thousand five through December thirty-first, two thousand five;
    38    (vi) up to twenty-four million dollars for the period  January  first,
    39  two thousand six through December thirty-first, two thousand six;
    40    (vii)  up to twenty-four million dollars for the period January first,
    41  two thousand seven through December thirty-first, two thousand seven;
    42    (viii) up to twenty-four million dollars for the period January first,
    43  two thousand eight through December thirty-first,  two  thousand  eight;
    44  and
    45    (ix)  up  to  twenty-two million dollars for the period January first,
    46  two thousand nine through November thirtieth, two thousand nine.
    47    (t) Funds shall be reserved and accumulated from year to year  by  the
    48  commissioner and shall be made available, including income from invested
    49  funds:
    50    (i)  For  the  purpose  of making grants to a state owned and operated
    51  medical school which does not have a state owned and  operated  hospital
    52  on  site  and  available for teaching purposes. Notwithstanding sections
    53  one hundred twelve and one hundred sixty-three of the state finance law,
    54  such grants shall be made in the amount of up to five  hundred  thousand
    55  dollars  for  the  period  January  first, two thousand through December
    56  thirty-first, two thousand;

        S. 7506--B                         147                        A. 9506--B
 
     1    (ii) For the purpose of making grants to medical schools  pursuant  to
     2  section  eighty-six-a  of  chapter  one  of the laws of nineteen hundred
     3  ninety-nine in the sum of up to four  million  dollars  for  the  period
     4  January first, two thousand through December thirty-first, two thousand;
     5  and
     6    (iii)  The  funds  disbursed pursuant to subparagraphs (i) and (ii) of
     7  this paragraph from the tobacco control and insurance  initiatives  pool
     8  are  contingent upon meeting all funding amounts established pursuant to
     9  paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n),  (p),  (q),  (r)
    10  and  (s)  of  this  subdivision,  paragraph  (a)  of subdivision nine of
    11  section twenty-eight hundred seven-j of  this  article,  and  paragraphs
    12  (a),  (i)  and  (k)  of  subdivision one of section twenty-eight hundred
    13  seven-l of this article.
    14    (u) Funds shall be  deposited  by  the  commissioner,  within  amounts
    15  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    16  directed to receive for deposit to  the  credit  of  the  state  special
    17  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    18  or any successor fund or account, for  purposes  of  funding  the  state
    19  share  of  services  and  expenses  related  to the nursing home quality
    20  improvement demonstration program established pursuant to section  twen-
    21  ty-eight  hundred  eight-d  of this article from the tobacco control and
    22  insurance initiatives pool established for the following periods in  the
    23  following amounts:
    24    (i)  up  to twenty-five million dollars for the period beginning April
    25  first, two thousand two and ending December thirty-first,  two  thousand
    26  two,  and  on  an  annualized  basis,  for each annual period thereafter
    27  beginning January first, two thousand three and ending December  thirty-
    28  first, two thousand four;
    29    (ii)  up  to eighteen million seven hundred fifty thousand dollars for
    30  the period January first, two thousand  five  through  December  thirty-
    31  first, two thousand five; and
    32    (iii)  up  to  fifty-six million five hundred thousand dollars for the
    33  period January first, two thousand six  through  December  thirty-first,
    34  two thousand six.
    35    (v) Funds shall be transferred by the commissioner and shall be depos-
    36  ited  to the credit of the hospital excess liability pool created pursu-
    37  ant to section eighteen of chapter two hundred sixty-six of the laws  of
    38  nineteen  hundred  eighty-six,  or  any  successor  fund or account, for
    39  purposes of expenses related to the purchase of excess medical  malprac-
    40  tice  insurance and the cost of administrating the pool, including costs
    41  associated with the risk  management  program  established  pursuant  to
    42  section  forty-two  of part A of chapter one of the laws of two thousand
    43  two required by paragraph (a) of subdivision one of section eighteen  of
    44  chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
    45  as may be amended from time to time, from the tobacco control and insur-
    46  ance  initiatives  pool  established  for  the  following periods in the
    47  following amounts:
    48    (i) up to fifty million dollars or so much as is needed for the period
    49  January first, two thousand two through December thirty-first, two thou-
    50  sand two;
    51    (ii) up to seventy-six million seven hundred thousand dollars for  the
    52  period  January first, two thousand three through December thirty-first,
    53  two thousand three;
    54    (iii) up to sixty-five million dollars for the period  January  first,
    55  two thousand four through December thirty-first, two thousand four;

        S. 7506--B                         148                        A. 9506--B
 
     1    (iv)  up  to  sixty-five million dollars for the period January first,
     2  two thousand five through December thirty-first, two thousand five;
     3    (v)  up to one hundred thirteen million eight hundred thousand dollars
     4  for the period January first, two thousand six through December  thirty-
     5  first, two thousand six;
     6    (vi)  up  to one hundred thirty million dollars for the period January
     7  first, two thousand seven through December  thirty-first,  two  thousand
     8  seven;
     9    (vii)  up to one hundred thirty million dollars for the period January
    10  first, two thousand eight through December  thirty-first,  two  thousand
    11  eight;
    12    (viii) up to one hundred thirty million dollars for the period January
    13  first,  two  thousand  nine  through December thirty-first, two thousand
    14  nine;
    15    (ix) up to one hundred thirty million dollars for the  period  January
    16  first, two thousand ten through December thirty-first, two thousand ten;
    17    (x)  up  to  thirty-two  million five hundred thousand dollars for the
    18  period January first, two thousand eleven  through  March  thirty-first,
    19  two thousand eleven;
    20    (xi)  up  to  one  hundred  twenty-seven million four hundred thousand
    21  dollars each state fiscal year for the period April first, two  thousand
    22  eleven through March thirty-first, two thousand fourteen;
    23    (xii)  up  to  one  hundred twenty-seven million four hundred thousand
    24  dollars each state fiscal year for the period April first, two  thousand
    25  fourteen through March thirty-first, two thousand seventeen; [and]
    26    (xiii)  up  to  one hundred twenty-seven million four hundred thousand
    27  dollars each state fiscal year for the period April first, two  thousand
    28  seventeen through March thirty-first, two thousand twenty; and
    29    (xiv)  up  to  one  hundred twenty-seven million four hundred thousand
    30  dollars each state fiscal year for the period April first, two  thousand
    31  twenty through March thirty-first, two thousand twenty-three.
    32    (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
    33  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    34  directed  to  receive  for  deposit  to  the credit of the state special
    35  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    36  or  any  successor  fund  or  account, for purposes of funding the state
    37  share of the treatment of breast and cervical cancer pursuant  to  para-
    38  graph  [(v)]  (d) of subdivision four of section three hundred sixty-six
    39  of the social services law,  from  the  tobacco  control  and  insurance
    40  initiatives  pool established for the following periods in the following
    41  amounts:
    42    (i) up to four hundred fifty thousand dollars for the  period  January
    43  first, two thousand two through December thirty-first, two thousand two;
    44    (ii)  up  to  two  million one hundred thousand dollars for the period
    45  January first, two thousand three  through  December  thirty-first,  two
    46  thousand three;
    47    (iii)  up  to  two million one hundred thousand dollars for the period
    48  January first, two thousand  four  through  December  thirty-first,  two
    49  thousand four;
    50    (iv)  up  to  two  million one hundred thousand dollars for the period
    51  January first, two thousand  five  through  December  thirty-first,  two
    52  thousand five;
    53    (v)  up  to  two  million  one hundred thousand dollars for the period
    54  January first, two thousand six through December thirty-first, two thou-
    55  sand six;

        S. 7506--B                         149                        A. 9506--B
 
     1    (vi) up to two million one hundred thousand  dollars  for  the  period
     2  January  first,  two  thousand  seven through December thirty-first, two
     3  thousand seven;
     4    (vii)  up  to  two million one hundred thousand dollars for the period
     5  January first, two thousand eight  through  December  thirty-first,  two
     6  thousand eight;
     7    (viii)  up  to two million one hundred thousand dollars for the period
     8  January first, two thousand  nine  through  December  thirty-first,  two
     9  thousand nine;
    10    (ix)  up  to  two  million one hundred thousand dollars for the period
    11  January first, two thousand ten through December thirty-first, two thou-
    12  sand ten;
    13    (x) up to five hundred twenty-five thousand  dollars  for  the  period
    14  January first, two thousand eleven through March thirty-first, two thou-
    15  sand eleven;
    16    (xi)  up to two million one hundred thousand dollars each state fiscal
    17  year for the period April first, two thousand eleven through March thir-
    18  ty-first, two thousand fourteen;
    19    (xii) up to two million one hundred thousand dollars each state fiscal
    20  year for the period April first, two  thousand  fourteen  through  March
    21  thirty-first, two thousand seventeen; [and]
    22    (xiii)  up  to  two  million  one  hundred thousand dollars each state
    23  fiscal year for the period April first, two thousand  seventeen  through
    24  March thirty-first, two thousand twenty; and
    25    (xiv) up to two million one hundred thousand dollars each state fiscal
    26  year for the period April first, two thousand twenty through March thir-
    27  ty-first, two thousand twenty-three.
    28    (x)  Funds  shall  be  deposited  by  the commissioner, within amounts
    29  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    30  directed  to  receive  for  deposit  to  the credit of the state special
    31  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    32  or  any  successor  fund  or  account, for purposes of funding the state
    33  share of the non-public general hospital rates increases for recruitment
    34  and retention of health care workers from the tobacco control and insur-
    35  ance initiatives pool established  for  the  following  periods  in  the
    36  following amounts:
    37    (i) twenty-seven million one hundred thousand dollars on an annualized
    38  basis  for  the  period January first, two thousand two through December
    39  thirty-first, two thousand two;
    40    (ii) fifty million eight hundred thousand  dollars  on  an  annualized
    41  basis  for the period January first, two thousand three through December
    42  thirty-first, two thousand three;
    43    (iii) sixty-nine million three hundred thousand dollars on an  annual-
    44  ized  basis  for  the  period  January  first, two thousand four through
    45  December thirty-first, two thousand four;
    46    (iv) sixty-nine million three hundred thousand dollars for the  period
    47  January  first,  two  thousand  five  through December thirty-first, two
    48  thousand five;
    49    (v) sixty-nine million three hundred thousand dollars for  the  period
    50  January first, two thousand six through December thirty-first, two thou-
    51  sand six;
    52    (vi)  sixty-five million three hundred thousand dollars for the period
    53  January first, two thousand seven  through  December  thirty-first,  two
    54  thousand seven;

        S. 7506--B                         150                        A. 9506--B
 
     1    (vii)  sixty-one  million  one  hundred fifty thousand dollars for the
     2  period January first, two thousand eight through December  thirty-first,
     3  two thousand eight; and
     4    (viii)  forty-eight  million seven hundred twenty-one thousand dollars
     5  for the period January first, two thousand nine through November thirti-
     6  eth, two thousand nine.
     7    (y) Funds shall be reserved and accumulated  from  year  to  year  and
     8  shall  be  available, including income from invested funds, for purposes
     9  of grants to public general hospitals for recruitment and  retention  of
    10  health  care  workers pursuant to paragraph (b) of subdivision thirty of
    11  section twenty-eight hundred seven-c of this article  from  the  tobacco
    12  control  and  insurance  initiatives  pool established for the following
    13  periods in the following amounts:
    14    (i) eighteen million five hundred thousand dollars  on  an  annualized
    15  basis  for  the  period January first, two thousand two through December
    16  thirty-first, two thousand two;
    17    (ii) thirty-seven million four hundred thousand dollars on an  annual-
    18  ized  basis  for  the  period  January first, two thousand three through
    19  December thirty-first, two thousand three;
    20    (iii) fifty-two million two hundred thousand dollars on an  annualized
    21  basis  for  the period January first, two thousand four through December
    22  thirty-first, two thousand four;
    23    (iv) fifty-two million two hundred thousand  dollars  for  the  period
    24  January  first,  two  thousand  five  through December thirty-first, two
    25  thousand five;
    26    (v) fifty-two million two hundred  thousand  dollars  for  the  period
    27  January first, two thousand six through December thirty-first, two thou-
    28  sand six;
    29    (vi)  forty-nine  million  dollars  for  the period January first, two
    30  thousand seven through December thirty-first, two thousand seven;
    31    (vii) forty-nine million dollars for the  period  January  first,  two
    32  thousand eight through December thirty-first, two thousand eight; and
    33    (viii) twelve million two hundred fifty thousand dollars for the peri-
    34  od  January  first,  two  thousand  nine through March thirty-first, two
    35  thousand nine.
    36    Provided, however, amounts pursuant to this paragraph may  be  reduced
    37  in  an  amount  to  be approved by the director of the budget to reflect
    38  amounts received from the federal  government  under  the  state's  1115
    39  waiver  which  are directed under its terms and conditions to the health
    40  workforce recruitment and retention program.
    41    (z) Funds shall be  deposited  by  the  commissioner,  within  amounts
    42  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    43  directed to receive for deposit to  the  credit  of  the  state  special
    44  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    45  or any successor fund or account, for  purposes  of  funding  the  state
    46  share  of the non-public residential health care facility rate increases
    47  for recruitment and retention of health care workers pursuant  to  para-
    48  graph  (a) of subdivision eighteen of section twenty-eight hundred eight
    49  of this article from the tobacco control and insurance initiatives  pool
    50  established for the following periods in the following amounts:
    51    (i)  twenty-one million five hundred thousand dollars on an annualized
    52  basis for the period January first, two thousand  two  through  December
    53  thirty-first, two thousand two;
    54    (ii) thirty-three million three hundred thousand dollars on an annual-
    55  ized  basis  for  the  period  January first, two thousand three through
    56  December thirty-first, two thousand three;

        S. 7506--B                         151                        A. 9506--B
 
     1    (iii) forty-six million three hundred thousand dollars on  an  annual-
     2  ized  basis  for  the  period  January  first, two thousand four through
     3  December thirty-first, two thousand four;
     4    (iv)  forty-six  million three hundred thousand dollars for the period
     5  January first, two thousand  five  through  December  thirty-first,  two
     6  thousand five;
     7    (v)  forty-six  million  three hundred thousand dollars for the period
     8  January first, two thousand six through December thirty-first, two thou-
     9  sand six;
    10    (vi) thirty million nine hundred thousand dollars for the period Janu-
    11  ary first, two thousand seven through December thirty-first,  two  thou-
    12  sand seven;
    13    (vii) twenty-four million seven hundred thousand dollars for the peri-
    14  od  January first, two thousand eight through December thirty-first, two
    15  thousand eight;
    16    (viii) twelve million three hundred seventy-five thousand dollars  for
    17  the  period  January  first,  two thousand nine through December thirty-
    18  first, two thousand nine;
    19    (ix) nine million three hundred thousand dollars for the period  Janu-
    20  ary  first, two thousand ten through December thirty-first, two thousand
    21  ten; and
    22    (x) two million three hundred twenty-five  thousand  dollars  for  the
    23  period  January  first,  two thousand eleven through March thirty-first,
    24  two thousand eleven.
    25    (aa) Funds shall be reserved and accumulated from  year  to  year  and
    26  shall  be  available, including income from invested funds, for purposes
    27  of grants to public residential health care facilities  for  recruitment
    28  and retention of health care workers pursuant to paragraph (b) of subdi-
    29  vision  eighteen  of  section twenty-eight hundred eight of this article
    30  from the tobacco control and insurance initiatives pool established  for
    31  the following periods in the following amounts:
    32    (i) seven million five hundred thousand dollars on an annualized basis
    33  for  the period January first, two thousand two through December thirty-
    34  first, two thousand two;
    35    (ii) eleven million seven hundred thousand dollars  on  an  annualized
    36  basis  for the period January first, two thousand three through December
    37  thirty-first, two thousand three;
    38    (iii) sixteen million two hundred thousand dollars  on  an  annualized
    39  basis  for  the period January first, two thousand four through December
    40  thirty-first, two thousand four;
    41    (iv) sixteen million two hundred thousand dollars for the period Janu-
    42  ary first, two thousand five through December thirty-first, two thousand
    43  five;
    44    (v) sixteen million two hundred thousand dollars for the period  Janu-
    45  ary  first, two thousand six through December thirty-first, two thousand
    46  six;
    47    (vi) ten million eight hundred thousand dollars for the period January
    48  first, two thousand seven through December  thirty-first,  two  thousand
    49  seven;
    50    (vii)  six million seven hundred fifty thousand dollars for the period
    51  January first, two thousand eight  through  December  thirty-first,  two
    52  thousand eight; and
    53    (viii) one million three hundred fifty thousand dollars for the period
    54  January  first,  two  thousand  nine  through December thirty-first, two
    55  thousand nine.

        S. 7506--B                         152                        A. 9506--B
 
     1    (bb)(i) Funds shall be deposited by the commissioner,  within  amounts
     2  appropriated,  and  subject  to  the  availability  of federal financial
     3  participation, and  the  state  comptroller  is  hereby  authorized  and
     4  directed  to  receive  for  deposit  to  the credit of the state special
     5  revenue  funds  - other, HCRA transfer fund, medical assistance account,
     6  or any successor fund or account, for  the  purpose  of  supporting  the
     7  state  share  of  adjustments  to Medicaid rates of payment for personal
     8  care services provided pursuant to paragraph (e) of subdivision  two  of
     9  section three hundred sixty-five-a of the social services law, for local
    10  social  service districts which include a city with a population of over
    11  one million persons and computed  and  distributed  in  accordance  with
    12  memorandums of understanding to be entered into between the state of New
    13  York and such local social service districts for the purpose of support-
    14  ing  the  recruitment  and retention of personal care service workers or
    15  any worker with direct patient care  responsibility,  from  the  tobacco
    16  control  and  insurance  initiatives  pool established for the following
    17  periods and the following amounts:
    18    (A) forty-four million dollars, on an annualized basis, for the period
    19  April first, two thousand two through December thirty-first,  two  thou-
    20  sand two;
    21    (B)  seventy-four  million  dollars,  on  an annualized basis, for the
    22  period January first, two thousand three through December  thirty-first,
    23  two thousand three;
    24    (C)  one hundred four million dollars, on an annualized basis, for the
    25  period January first, two thousand four through  December  thirty-first,
    26  two thousand four;
    27    (D)  one  hundred  thirty-six million dollars, on an annualized basis,
    28  for the period January first, two thousand five through  December  thir-
    29  ty-first, two thousand five;
    30    (E)  one  hundred  thirty-six million dollars, on an annualized basis,
    31  for the period January first, two thousand six through December  thirty-
    32  first, two thousand six;
    33    (F)  one  hundred  thirty-six  million  dollars for the period January
    34  first, two thousand seven through December  thirty-first,  two  thousand
    35  seven;
    36    (G)  one  hundred  thirty-six  million  dollars for the period January
    37  first, two thousand eight through December  thirty-first,  two  thousand
    38  eight;
    39    (H)  one  hundred  thirty-six  million  dollars for the period January
    40  first, two thousand nine through  December  thirty-first,  two  thousand
    41  nine;
    42    (I)  one  hundred  thirty-six  million  dollars for the period January
    43  first, two thousand ten through December thirty-first, two thousand ten;
    44    (J) thirty-four million dollars for  the  period  January  first,  two
    45  thousand eleven through March thirty-first, two thousand eleven;
    46    (K)  up  to  one  hundred thirty-six million dollars each state fiscal
    47  year for the period April first, two thousand eleven through March thir-
    48  ty-first, two thousand fourteen;
    49    (L) up to one hundred thirty-six million  dollars  each  state  fiscal
    50  year  for  the  period March thirty-first, two thousand fourteen through
    51  April first, two thousand seventeen; [and]
    52    (M) up to one hundred thirty-six million  dollars  each  state  fiscal
    53  year  for  the  period April first, two thousand seventeen through March
    54  thirty-first, two thousand twenty; and

        S. 7506--B                         153                        A. 9506--B
 
     1    (N) up to one hundred thirty-six million  dollars  each  state  fiscal
     2  year for the period April first, two thousand twenty through March thir-
     3  ty-first, two thousand twenty-three.
     4    (ii)  Adjustments  to  Medicaid  rates made pursuant to this paragraph
     5  shall not, in aggregate, exceed the following amounts for the  following
     6  periods:
     7    (A)  for  the  period  April  first, two thousand two through December
     8  thirty-first, two thousand two, one hundred ten million dollars;
     9    (B) for the period January first, two thousand three through  December
    10  thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
    11  dollars;
    12    (C) for the period January first, two thousand four  through  December
    13  thirty-first, two thousand four, two hundred sixty million dollars;
    14    (D)  for  the period January first, two thousand five through December
    15  thirty-first, two thousand five, three hundred forty million dollars;
    16    (E) for the period January first, two thousand  six  through  December
    17  thirty-first, two thousand six, three hundred forty million dollars;
    18    (F)  for the period January first, two thousand seven through December
    19  thirty-first, two thousand seven, three hundred forty million dollars;
    20    (G) for the period January first, two thousand eight through  December
    21  thirty-first, two thousand eight, three hundred forty million dollars;
    22    (H)  for  the period January first, two thousand nine through December
    23  thirty-first, two thousand nine, three hundred forty million dollars;
    24    (I) for the period January first, two thousand  ten  through  December
    25  thirty-first, two thousand ten, three hundred forty million dollars;
    26    (J)  for  the  period January first, two thousand eleven through March
    27  thirty-first, two thousand eleven, eighty-five million dollars;
    28    (K) for each state fiscal year within  the  period  April  first,  two
    29  thousand eleven through March thirty-first, two thousand fourteen, three
    30  hundred forty million dollars;
    31    (L)  for  each  state  fiscal  year within the period April first, two
    32  thousand fourteen through March thirty-first,  two  thousand  seventeen,
    33  three hundred forty million dollars; [and]
    34    (M)  for  each  state  fiscal  year within the period April first, two
    35  thousand seventeen through  March  thirty-first,  two  thousand  twenty,
    36  three hundred forty million dollars; and
    37    (N)  for  each  state  fiscal  year within the period April first, two
    38  thousand twenty through March thirty-first, two  thousand  twenty-three,
    39  three hundred forty million dollars.
    40    (iii)  Personal care service providers which have their rates adjusted
    41  pursuant to this paragraph shall use  such  funds  for  the  purpose  of
    42  recruitment  and  retention  of  non-supervisory  personal care services
    43  workers or any worker with direct patient care responsibility  only  and
    44  are  prohibited  from  using such funds for any other purpose. Each such
    45  personal care services provider shall submit, at a time and in a  manner
    46  to  be determined by the commissioner, a written certification attesting
    47  that such funds will be used solely for the purpose of  recruitment  and
    48  retention of non-supervisory personal care services workers or any work-
    49  er  with direct patient care responsibility. The commissioner is author-
    50  ized to audit each such provider to ensure compliance with  the  written
    51  certification  required  by  this subdivision and shall recoup any funds
    52  determined to have been used for purposes  other  than  recruitment  and
    53  retention of non-supervisory personal care services workers or any work-
    54  er  with direct patient care responsibility. Such recoupment shall be in
    55  addition to any other penalties provided by law.

        S. 7506--B                         154                        A. 9506--B
 
     1    (cc) Funds shall be deposited  by  the  commissioner,  within  amounts
     2  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     3  directed to receive for deposit to  the  credit  of  the  state  special
     4  revenue  funds  - other, HCRA transfer fund, medical assistance account,
     5  or  any  successor  fund  or  account, for the purpose of supporting the
     6  state share of adjustments to Medicaid rates  of  payment  for  personal
     7  care  services  provided pursuant to paragraph (e) of subdivision two of
     8  section three hundred sixty-five-a of the social services law, for local
     9  social service districts which shall not include a  city  with  a  popu-
    10  lation  of  over  one  million persons for the purpose of supporting the
    11  personal care services  worker  recruitment  and  retention  program  as
    12  established  pursuant  to  section  three  hundred  sixty-seven-q of the
    13  social services law, from the tobacco control and insurance  initiatives
    14  pool established for the following periods and the following amounts:
    15    (i)  two  million  eight hundred thousand dollars for the period April
    16  first, two thousand two through December thirty-first, two thousand two;
    17    (ii) five million six  hundred  thousand  dollars,  on  an  annualized
    18  basis, for the period January first, two thousand three through December
    19  thirty-first, two thousand three;
    20    (iii)  eight  million  four hundred thousand dollars, on an annualized
    21  basis, for the period January first, two thousand four through  December
    22  thirty-first, two thousand four;
    23    (iv)  ten  million  eight  hundred  thousand dollars, on an annualized
    24  basis, for the period January first, two thousand five through  December
    25  thirty-first, two thousand five;
    26    (v)  ten  million  eight  hundred  thousand  dollars, on an annualized
    27  basis, for the period January first, two thousand six  through  December
    28  thirty-first, two thousand six;
    29    (vi)  eleven million two hundred thousand dollars for the period Janu-
    30  ary first, two thousand seven through December thirty-first,  two  thou-
    31  sand seven;
    32    (vii) eleven million two hundred thousand dollars for the period Janu-
    33  ary  first,  two thousand eight through December thirty-first, two thou-
    34  sand eight;
    35    (viii) eleven million two hundred  thousand  dollars  for  the  period
    36  January  first,  two  thousand  nine  through December thirty-first, two
    37  thousand nine;
    38    (ix) eleven million two hundred thousand dollars for the period  Janu-
    39  ary  first, two thousand ten through December thirty-first, two thousand
    40  ten;
    41    (x) two million eight hundred thousand dollars for the period  January
    42  first,  two  thousand  eleven  through  March thirty-first, two thousand
    43  eleven;
    44    (xi) up to eleven million two  hundred  thousand  dollars  each  state
    45  fiscal  year  for  the  period  April first, two thousand eleven through
    46  March thirty-first, two thousand fourteen;
    47    (xii) up to eleven million two hundred  thousand  dollars  each  state
    48  fiscal  year  for  the period April first, two thousand fourteen through
    49  March thirty-first, two thousand seventeen; [and]
    50    (xiii) up to eleven million two hundred thousand  dollars  each  state
    51  fiscal  year  for the period April first, two thousand seventeen through
    52  March thirty-first, two thousand twenty; and
    53    (xiv) up to eleven million two hundred  thousand  dollars  each  state
    54  fiscal  year  for  the  period  April first, two thousand twenty through
    55  March thirty-first, two thousand twenty-three.

        S. 7506--B                         155                        A. 9506--B
 
     1    (dd) Funds shall be deposited  by  the  commissioner,  within  amounts
     2  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     3  directed to receive for deposit to  the  credit  of  the  state  special
     4  revenue fund - other, HCRA transfer fund, medical assistance account, or
     5  any  successor  fund or account, for purposes of funding the state share
     6  of Medicaid expenditures for physician services from the tobacco control
     7  and insurance initiatives pool established for the following periods  in
     8  the following amounts:
     9    (i)  up to fifty-two million dollars for the period January first, two
    10  thousand two through December thirty-first, two thousand two;
    11    (ii) eighty-one million two hundred thousand dollars  for  the  period
    12  January  first,  two  thousand  three through December thirty-first, two
    13  thousand three;
    14    (iii) eighty-five million two hundred thousand dollars for the  period
    15  January  first,  two  thousand  four  through December thirty-first, two
    16  thousand four;
    17    (iv) eighty-five million two hundred thousand dollars for  the  period
    18  January  first,  two  thousand  five  through December thirty-first, two
    19  thousand five;
    20    (v) eighty-five million two hundred thousand dollars  for  the  period
    21  January first, two thousand six through December thirty-first, two thou-
    22  sand six;
    23    (vi)  eighty-five  million two hundred thousand dollars for the period
    24  January first, two thousand seven  through  December  thirty-first,  two
    25  thousand seven;
    26    (vii)  eighty-five million two hundred thousand dollars for the period
    27  January first, two thousand eight  through  December  thirty-first,  two
    28  thousand eight;
    29    (viii) eighty-five million two hundred thousand dollars for the period
    30  January  first,  two  thousand  nine  through December thirty-first, two
    31  thousand nine;
    32    (ix) eighty-five million two hundred thousand dollars for  the  period
    33  January first, two thousand ten through December thirty-first, two thou-
    34  sand ten;
    35    (x)  twenty-one  million three hundred thousand dollars for the period
    36  January first, two thousand eleven through March thirty-first, two thou-
    37  sand eleven; and
    38    (xi) eighty-five million  two  hundred  thousand  dollars  each  state
    39  fiscal  year  for  the  period  April first, two thousand eleven through
    40  March thirty-first, two thousand fourteen.
    41    (ee) Funds shall be deposited  by  the  commissioner,  within  amounts
    42  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    43  directed to receive for deposit to  the  credit  of  the  state  special
    44  revenue fund - other, HCRA transfer fund, medical assistance account, or
    45  any  successor  fund or account, for purposes of funding the state share
    46  of the free-standing diagnostic and treatment center rate increases  for
    47  recruitment and retention of health care workers pursuant to subdivision
    48  seventeen of section twenty-eight hundred seven of this article from the
    49  tobacco  control  and  insurance  initiatives  pool  established for the
    50  following periods in the following amounts:
    51    (i) three million two hundred fifty thousand dollars  for  the  period
    52  April  first,  two thousand two through December thirty-first, two thou-
    53  sand two;
    54    (ii) three million two hundred fifty thousand dollars on an annualized
    55  basis for the period January first, two thousand three through  December
    56  thirty-first, two thousand three;

        S. 7506--B                         156                        A. 9506--B
 
     1    (iii)  three  million two hundred fifty thousand dollars on an annual-
     2  ized basis for the period  January  first,  two  thousand  four  through
     3  December thirty-first, two thousand four;
     4    (iv)  three  million two hundred fifty thousand dollars for the period
     5  January first, two thousand  five  through  December  thirty-first,  two
     6  thousand five;
     7    (v)  three  million  two hundred fifty thousand dollars for the period
     8  January first, two thousand six through December thirty-first, two thou-
     9  sand six;
    10    (vi) three million two hundred fifty thousand dollars for  the  period
    11  January  first,  two  thousand  seven through December thirty-first, two
    12  thousand seven;
    13    (vii) three million four hundred thirty-eight thousand dollars for the
    14  period January first, two thousand eight through December  thirty-first,
    15  two thousand eight;
    16    (viii)  two million four hundred fifty thousand dollars for the period
    17  January first, two thousand  nine  through  December  thirty-first,  two
    18  thousand nine;
    19    (ix)  one million five hundred thousand dollars for the period January
    20  first, two thousand ten through December thirty-first, two thousand ten;
    21  and
    22    (x) three hundred twenty-five thousand dollars for the period  January
    23  first,  two  thousand  eleven  through  March thirty-first, two thousand
    24  eleven.
    25    (ff) Funds shall be deposited  by  the  commissioner,  within  amounts
    26  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    27  directed to receive for deposit to  the  credit  of  the  state  special
    28  revenue fund - other, HCRA transfer fund, medical assistance account, or
    29  any  successor  fund or account, for purposes of funding the state share
    30  of Medicaid expenditures for disabled persons as authorized pursuant  to
    31  former subparagraphs twelve and thirteen of paragraph (a) of subdivision
    32  one  of  section three hundred sixty-six of the social services law from
    33  the tobacco control and insurance initiatives pool established  for  the
    34  following periods in the following amounts:
    35    (i)  one  million  eight hundred thousand dollars for the period April
    36  first, two thousand two through December thirty-first, two thousand two;
    37    (ii) sixteen million four hundred thousand dollars  on  an  annualized
    38  basis  for the period January first, two thousand three through December
    39  thirty-first, two thousand three;
    40    (iii) eighteen million seven hundred thousand dollars on an annualized
    41  basis for the period January first, two thousand four  through  December
    42  thirty-first, two thousand four;
    43    (iv)  thirty million six hundred thousand dollars for the period Janu-
    44  ary first, two thousand five through December thirty-first, two thousand
    45  five;
    46    (v) thirty million six hundred thousand dollars for the period January
    47  first, two thousand six through December thirty-first, two thousand six;
    48    (vi) thirty million six hundred thousand dollars for the period  Janu-
    49  ary  first,  two thousand seven through December thirty-first, two thou-
    50  sand seven;
    51    (vii) fifteen million dollars for the period January first, two  thou-
    52  sand eight through December thirty-first, two thousand eight;
    53    (viii) fifteen million dollars for the period January first, two thou-
    54  sand nine through December thirty-first, two thousand nine;
    55    (ix)  fifteen  million dollars for the period January first, two thou-
    56  sand ten through December thirty-first, two thousand ten;

        S. 7506--B                         157                        A. 9506--B
 
     1    (x) three million seven hundred fifty thousand dollars for the  period
     2  January first, two thousand eleven through March thirty-first, two thou-
     3  sand eleven;
     4    (xi)  fifteen  million  dollars  each state fiscal year for the period
     5  April first, two thousand eleven through March thirty-first,  two  thou-
     6  sand fourteen;
     7    (xii)  fifteen  million  dollars each state fiscal year for the period
     8  April first, two thousand fourteen through March thirty-first, two thou-
     9  sand seventeen; [and]
    10    (xiii) fifteen million dollars each state fiscal year for  the  period
    11  April  first,  two  thousand  seventeen  through March thirty-first, two
    12  thousand twenty; and
    13    (xiv) fifteen million dollars each state fiscal year  for  the  period
    14  April  first,  two thousand twenty through March thirty-first, two thou-
    15  sand twenty-three.
    16    (gg) Funds shall be reserved and accumulated from  year  to  year  and
    17  shall  be  available, including income from invested funds, for purposes
    18  of grants to non-public general hospitals pursuant to paragraph  (c)  of
    19  subdivision thirty of section twenty-eight hundred seven-c of this arti-
    20  cle  from the tobacco control and insurance initiatives pool established
    21  for the following periods in the following amounts:
    22    (i) up to one million three hundred thousand dollars on an  annualized
    23  basis  for  the  period January first, two thousand two through December
    24  thirty-first, two thousand two;
    25    (ii) up to three million two hundred thousand dollars on an annualized
    26  basis for the period January first, two thousand three through  December
    27  thirty-first, two thousand three;
    28    (iii) up to five million six hundred thousand dollars on an annualized
    29  basis  for  the period January first, two thousand four through December
    30  thirty-first, two thousand four;
    31    (iv) up to eight million six hundred thousand dollars for  the  period
    32  January  first,  two  thousand  five  through December thirty-first, two
    33  thousand five;
    34    (v) up to eight million six hundred thousand dollars on an  annualized
    35  basis  for  the  period January first, two thousand six through December
    36  thirty-first, two thousand six;
    37    (vi) up to two million six hundred thousand  dollars  for  the  period
    38  January  first,  two  thousand  seven through December thirty-first, two
    39  thousand seven;
    40    (vii) up to two million six hundred thousand dollars  for  the  period
    41  January  first,  two  thousand  eight through December thirty-first, two
    42  thousand eight;
    43    (viii) up to two million six hundred thousand dollars for  the  period
    44  January  first,  two  thousand  nine  through December thirty-first, two
    45  thousand nine;
    46    (ix) up to two million six hundred thousand  dollars  for  the  period
    47  January first, two thousand ten through December thirty-first, two thou-
    48  sand ten; and
    49    (x)  up  to  six hundred fifty thousand dollars for the period January
    50  first, two thousand eleven  through  March  thirty-first,  two  thousand
    51  eleven.
    52    (hh)  Funds  shall  be  deposited  by the commissioner, within amounts
    53  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    54  directed  to  receive  for  deposit to the credit of the special revenue
    55  fund -  other,  HCRA  transfer  fund,  medical  assistance  account  for
    56  purposes  of  providing  financial assistance to residential health care

        S. 7506--B                         158                        A. 9506--B
 
     1  facilities pursuant to subdivisions nineteen and twenty-one  of  section
     2  twenty-eight hundred eight of this article, from the tobacco control and
     3  insurance  initiatives pool established for the following periods in the
     4  following amounts:
     5    (i)  for  the  period  April  first, two thousand two through December
     6  thirty-first, two thousand two, ten million dollars;
     7    (ii) for the period January first, two thousand three through December
     8  thirty-first, two thousand three, nine million four hundred fifty  thou-
     9  sand dollars;
    10    (iii) for the period January first, two thousand four through December
    11  thirty-first,  two thousand four, nine million three hundred fifty thou-
    12  sand dollars;
    13    (iv) up to fifteen million dollars for the period January  first,  two
    14  thousand five through December thirty-first, two thousand five;
    15    (v)  up  to  fifteen million dollars for the period January first, two
    16  thousand six through December thirty-first, two thousand six;
    17    (vi) up to fifteen million dollars for the period January  first,  two
    18  thousand seven through December thirty-first, two thousand seven;
    19    (vii)  up to fifteen million dollars for the period January first, two
    20  thousand eight through December thirty-first, two thousand eight;
    21    (viii) up to fifteen million dollars for the period January first, two
    22  thousand nine through December thirty-first, two thousand nine;
    23    (ix) up to fifteen million dollars for the period January  first,  two
    24  thousand ten through December thirty-first, two thousand ten;
    25    (x)  up  to three million seven hundred fifty thousand dollars for the
    26  period January first, two thousand eleven  through  March  thirty-first,
    27  two thousand eleven; and
    28    (xi)  fifteen  million  dollars  each state fiscal year for the period
    29  April first, two thousand eleven through March thirty-first,  two  thou-
    30  sand fourteen.
    31    (ii)  Funds  shall  be  deposited  by the commissioner, within amounts
    32  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    33  directed  to  receive  for  deposit  to  the credit of the state special
    34  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    35  or  any  successor  fund  or  account, for the purpose of supporting the
    36  state share of Medicaid expenditures for disabled persons as  authorized
    37  by sections 1619 (a) and (b) of the federal social security act pursuant
    38  to  the  tobacco  control and insurance initiatives pool established for
    39  the following periods in the following amounts:
    40    (i) six million four hundred thousand dollars  for  the  period  April
    41  first, two thousand two through December thirty-first, two thousand two;
    42    (ii) eight million five hundred thousand dollars, for the period Janu-
    43  ary  first,  two thousand three through December thirty-first, two thou-
    44  sand three;
    45    (iii) eight million five hundred thousand dollars for the period Janu-
    46  ary first, two thousand four through December thirty-first, two thousand
    47  four;
    48    (iv) eight million five hundred thousand dollars for the period  Janu-
    49  ary first, two thousand five through December thirty-first, two thousand
    50  five;
    51    (v) eight million five hundred thousand dollars for the period January
    52  first, two thousand six through December thirty-first, two thousand six;
    53    (vi) eight million six hundred thousand dollars for the period January
    54  first,  two  thousand  seven through December thirty-first, two thousand
    55  seven;

        S. 7506--B                         159                        A. 9506--B
 
     1    (vii) eight million five hundred thousand dollars for the period Janu-
     2  ary first, two thousand eight through December thirty-first,  two  thou-
     3  sand eight;
     4    (viii)  eight  million  five  hundred  thousand dollars for the period
     5  January first, two thousand  nine  through  December  thirty-first,  two
     6  thousand nine;
     7    (ix)  eight million five hundred thousand dollars for the period Janu-
     8  ary first, two thousand ten through December thirty-first, two  thousand
     9  ten;
    10    (x) two million one hundred twenty-five thousand dollars for the peri-
    11  od  January  first,  two thousand eleven through March thirty-first, two
    12  thousand eleven;
    13    (xi) eight million five hundred thousand  dollars  each  state  fiscal
    14  year for the period April first, two thousand eleven through March thir-
    15  ty-first, two thousand fourteen;
    16    (xii)  eight  million  five hundred thousand dollars each state fiscal
    17  year for the period April first, two  thousand  fourteen  through  March
    18  thirty-first, two thousand seventeen; [and]
    19    (xiii)  eight  million five hundred thousand dollars each state fiscal
    20  year for the period April first, two thousand  seventeen  through  March
    21  thirty-first, two thousand twenty; and
    22    (xiv)  eight  million  five hundred thousand dollars each state fiscal
    23  year for the period April first, two thousand twenty through March thir-
    24  ty-first, two thousand twenty-three.
    25    (jj) Funds shall be reserved and accumulated from  year  to  year  and
    26  shall  be  available,  including  income  from  invested  funds, for the
    27  purposes of a grant program to improve access to  infertility  services,
    28  treatments and procedures, from the tobacco control and insurance initi-
    29  atives  pool  established for the period January first, two thousand two
    30  through December thirty-first, two thousand two in the  amount  of  nine
    31  million  one hundred seventy-five thousand dollars, for the period April
    32  first, two thousand six through March thirty-first, two  thousand  seven
    33  in  the  amount of five million dollars, for the period April first, two
    34  thousand seven through March thirty-first, two  thousand  eight  in  the
    35  amount of five million dollars, for the period April first, two thousand
    36  eight  through  March  thirty-first,  two thousand nine in the amount of
    37  five million dollars, and for the period April first, two thousand  nine
    38  through  March  thirty-first,  two  thousand  ten  in the amount of five
    39  million dollars, for the period April first, two  thousand  ten  through
    40  March thirty-first, two thousand eleven in the amount of two million two
    41  hundred  thousand  dollars, and for the period April first, two thousand
    42  eleven through March thirty-first, two thousand twelve up to one million
    43  one hundred thousand dollars.
    44    (kk) Funds shall be deposited  by  the  commissioner,  within  amounts
    45  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    46  directed to receive for deposit to  the  credit  of  the  state  special
    47  revenue  funds -- other, HCRA transfer fund, medical assistance account,
    48  or any successor fund or account, for  purposes  of  funding  the  state
    49  share  of  Medical  Assistance  Program  expenditures  from  the tobacco
    50  control and insurance initiatives pool  established  for  the  following
    51  periods in the following amounts:
    52    (i) thirty-eight million eight hundred thousand dollars for the period
    53  January first, two thousand two through December thirty-first, two thou-
    54  sand two;

        S. 7506--B                         160                        A. 9506--B
 
     1    (ii)  up  to  two  hundred  ninety-five million dollars for the period
     2  January first, two thousand three  through  December  thirty-first,  two
     3  thousand three;
     4    (iii)  up  to  four hundred seventy-two million dollars for the period
     5  January first, two thousand  four  through  December  thirty-first,  two
     6  thousand four;
     7    (iv)  up to nine hundred million dollars for the period January first,
     8  two thousand five through December thirty-first, two thousand five;
     9    (v) up to eight  hundred  sixty-six  million  three  hundred  thousand
    10  dollars  for the period January first, two thousand six through December
    11  thirty-first, two thousand six;
    12    (vi) up to six hundred sixteen million seven hundred thousand  dollars
    13  for  the period January first, two thousand seven through December thir-
    14  ty-first, two thousand seven;
    15    (vii) up to five hundred seventy-eight million  nine  hundred  twenty-
    16  five  thousand  dollars for the period January first, two thousand eight
    17  through December thirty-first, two thousand eight; and
    18    (viii) within amounts appropriated on and  after  January  first,  two
    19  thousand nine.
    20    (ll)  Funds  shall  be  deposited  by the commissioner, within amounts
    21  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    22  directed  to  receive  for  deposit  to  the credit of the state special
    23  revenue funds -- other, HCRA transfer fund, medical assistance  account,
    24  or  any  successor  fund  or  account, for purposes of funding the state
    25  share of Medicaid expenditures related to the city of New York from  the
    26  tobacco  control  and  insurance  initiatives  pool  established for the
    27  following periods in the following amounts:
    28    (i) eighty-two million seven hundred thousand dollars for  the  period
    29  January first, two thousand two through December thirty-first, two thou-
    30  sand two;
    31    (ii)  one hundred twenty-four million six hundred thousand dollars for
    32  the period January first, two thousand three  through  December  thirty-
    33  first, two thousand three;
    34    (iii)  one  hundred twenty-four million seven hundred thousand dollars
    35  for the period January first, two thousand four through  December  thir-
    36  ty-first, two thousand four;
    37    (iv)  one  hundred  twenty-four million seven hundred thousand dollars
    38  for the period January first, two thousand five through  December  thir-
    39  ty-first, two thousand five;
    40    (v) one hundred twenty-four million seven hundred thousand dollars for
    41  the  period  January  first,  two  thousand six through December thirty-
    42  first, two thousand six;
    43    (vi) one hundred twenty-four million seven  hundred  thousand  dollars
    44  for  the period January first, two thousand seven through December thir-
    45  ty-first, two thousand seven;
    46    (vii) one hundred twenty-four million seven hundred  thousand  dollars
    47  for  the period January first, two thousand eight through December thir-
    48  ty-first, two thousand eight;
    49    (viii) one hundred twenty-four million seven hundred thousand  dollars
    50  for  the  period January first, two thousand nine through December thir-
    51  ty-first, two thousand nine;
    52    (ix) one hundred twenty-four million seven  hundred  thousand  dollars
    53  for  the period January first, two thousand ten through December thirty-
    54  first, two thousand ten;

        S. 7506--B                         161                        A. 9506--B
 
     1    (x) thirty-one million one hundred seventy-five thousand  dollars  for
     2  the  period  January  first,  two  thousand eleven through March thirty-
     3  first, two thousand eleven; and
     4    (xi)  one  hundred  twenty-four million seven hundred thousand dollars
     5  each state fiscal year for the period April first, two  thousand  eleven
     6  through March thirty-first, two thousand fourteen.
     7    (mm)  Funds  shall  be  deposited  by the commissioner, within amounts
     8  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     9  directed  to  receive  for  deposit  to  the credit of the state special
    10  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    11  or  any  successor  fund  or  account, for purposes of funding specified
    12  percentages of the state share of services and expenses related  to  the
    13  family health plus program in accordance with the following schedule:
    14    (i)  (A)  for  the  period  January  first, two thousand three through
    15  December thirty-first, two thousand four, one  hundred  percent  of  the
    16  state share;
    17    (B)  for  the period January first, two thousand five through December
    18  thirty-first, two thousand  five,  seventy-five  percent  of  the  state
    19  share; and
    20    (C)  for  periods  beginning  on and after January first, two thousand
    21  six, fifty percent of the state share.
    22    (ii) Funding for the family health plus program  will  include  up  to
    23  five million dollars annually for the period January first, two thousand
    24  three  through  December  thirty-first,  two  thousand  six,  up to five
    25  million dollars for the period January first, two thousand seven through
    26  December thirty-first, two thousand  seven,  up  to  seven  million  two
    27  hundred  thousand  dollars  for  the  period January first, two thousand
    28  eight through December thirty-first, two thousand  eight,  up  to  seven
    29  million  two  hundred thousand dollars for the period January first, two
    30  thousand nine through December thirty-first, two thousand  nine,  up  to
    31  seven million two hundred thousand dollars for the period January first,
    32  two  thousand ten through December thirty-first, two thousand ten, up to
    33  one million eight hundred thousand dollars for the period January first,
    34  two thousand eleven through March thirty-first, two thousand eleven,  up
    35  to  six  million forty-nine thousand dollars for the period April first,
    36  two thousand eleven through March thirty-first, two thousand twelve,  up
    37  to  six  million two hundred eighty-nine thousand dollars for the period
    38  April first, two thousand twelve through March thirty-first,  two  thou-
    39  sand  thirteen,  and  up  to six million four hundred sixty-one thousand
    40  dollars for the period April first, two thousand thirteen through  March
    41  thirty-first,  two  thousand  fourteen, for administration and marketing
    42  costs associated with such program established pursuant to  clauses  (A)
    43  and  (B)  of  subparagraph  (v)  of  paragraph (a) of subdivision two of
    44  section three hundred sixty-nine-ee of the social services law from  the
    45  tobacco  control  and  insurance  initiatives  pool  established for the
    46  following periods in the following amounts:
    47    (A) one hundred ninety million six hundred thousand  dollars  for  the
    48  period  January first, two thousand three through December thirty-first,
    49  two thousand three;
    50    (B) three hundred seventy-four million dollars for the period  January
    51  first,  two  thousand  four  through December thirty-first, two thousand
    52  four;
    53    (C) five hundred thirty-eight million four  hundred  thousand  dollars
    54  for  the  period January first, two thousand five through December thir-
    55  ty-first, two thousand five;

        S. 7506--B                         162                        A. 9506--B
 
     1    (D) three hundred eighteen million seven hundred seventy-five thousand
     2  dollars for the period January first, two thousand six through  December
     3  thirty-first, two thousand six;
     4    (E) four hundred eighty-two million eight hundred thousand dollars for
     5  the  period  January  first, two thousand seven through December thirty-
     6  first, two thousand seven;
     7    (F) five hundred seventy million twenty-five thousand dollars for  the
     8  period  January first, two thousand eight through December thirty-first,
     9  two thousand eight;
    10    (G) six hundred ten million seven hundred twenty-five thousand dollars
    11  for the period January first, two thousand nine through  December  thir-
    12  ty-first, two thousand nine;
    13    (H) six hundred twenty-seven million two hundred seventy-five thousand
    14  dollars  for the period January first, two thousand ten through December
    15  thirty-first, two thousand ten;
    16    (I) one hundred fifty-seven million eight hundred  seventy-five  thou-
    17  sand  dollars  for the period January first, two thousand eleven through
    18  March thirty-first, two thousand eleven;
    19    (J) six hundred twenty-eight million four hundred thousand dollars for
    20  the period April first, two thousand eleven through March  thirty-first,
    21  two thousand twelve;
    22    (K)  six  hundred  fifty million four hundred thousand dollars for the
    23  period April first, two thousand twelve through March thirty-first,  two
    24  thousand thirteen;
    25    (L)  six  hundred  fifty million four hundred thousand dollars for the
    26  period April first, two thousand thirteen  through  March  thirty-first,
    27  two thousand fourteen; and
    28    (M)  up to three hundred ten million five hundred ninety-five thousand
    29  dollars for the period April first, two thousand fourteen through  March
    30  thirty-first, two thousand fifteen.
    31    (nn)  Funds  shall  be  deposited  by the commissioner, within amounts
    32  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    33  directed  to  receive  for  deposit  to  the credit of the state special
    34  revenue fund - other, HCRA transfer fund, health care services  account,
    35  or  any  successor  fund  or account, for purposes related to adult home
    36  initiatives for medicaid eligible residents  of  residential  facilities
    37  licensed pursuant to section four hundred sixty-b of the social services
    38  law  from the tobacco control and insurance initiatives pool established
    39  for the following periods in the following amounts:
    40    (i) up to four million dollars for the period January first, two thou-
    41  sand three through December thirty-first, two thousand three;
    42    (ii) up to six million dollars for the period January first, two thou-
    43  sand four through December thirty-first, two thousand four;
    44    (iii) up to eight million dollars for the period  January  first,  two
    45  thousand   five   through  December  thirty-first,  two  thousand  five,
    46  provided, however, that up to five million two  hundred  fifty  thousand
    47  dollars of such funds shall be received by the comptroller and deposited
    48  to  the  credit of the special revenue fund - other / aid to localities,
    49  HCRA transfer fund - 061, enhanced community services account -  05,  or
    50  any  successor fund or account, for the purposes set forth in this para-
    51  graph;
    52    (iv) up to eight million dollars for the  period  January  first,  two
    53  thousand  six through December thirty-first, two thousand six, provided,
    54  however, that up to five million two hundred fifty thousand  dollars  of
    55  such  funds  shall  be  received by the comptroller and deposited to the
    56  credit of the special revenue fund - other /  aid  to  localities,  HCRA

        S. 7506--B                         163                        A. 9506--B
 
     1  transfer  fund  -  061, enhanced community services account - 05, or any
     2  successor fund or account, for the purposes set forth in this paragraph;
     3    (v)  up  to  eight  million  dollars for the period January first, two
     4  thousand  seven  through  December  thirty-first,  two  thousand  seven,
     5  provided,  however,  that  up to five million two hundred fifty thousand
     6  dollars of such funds shall be received by the comptroller and deposited
     7  to the credit of the special revenue fund - other / aid  to  localities,
     8  HCRA  transfer  fund - 061, enhanced community services account - 05, or
     9  any successor fund or account, for the purposes set forth in this  para-
    10  graph;
    11    (vi)  up  to  two million seven hundred fifty thousand dollars for the
    12  period January first, two thousand eight through December  thirty-first,
    13  two thousand eight;
    14    (vii)  up  to two million seven hundred fifty thousand dollars for the
    15  period January first, two thousand nine through  December  thirty-first,
    16  two thousand nine;
    17    (viii)  up to two million seven hundred fifty thousand dollars for the
    18  period January first, two thousand ten  through  December  thirty-first,
    19  two thousand ten; and
    20    (ix)  up  to  six hundred eighty-eight thousand dollars for the period
    21  January first, two thousand eleven through March thirty-first, two thou-
    22  sand eleven.
    23    (oo) Funds shall be reserved and accumulated from  year  to  year  and
    24  shall  be  available, including income from invested funds, for purposes
    25  of grants to non-public general hospitals pursuant to paragraph  (e)  of
    26  subdivision  twenty-five of section twenty-eight hundred seven-c of this
    27  article from the tobacco control and insurance initiatives  pool  estab-
    28  lished for the following periods in the following amounts:
    29    (i)  up  to five million dollars on an annualized basis for the period
    30  January first, two thousand  four  through  December  thirty-first,  two
    31  thousand four;
    32    (ii)  up  to  five  million  dollars for the period January first, two
    33  thousand five through December thirty-first, two thousand five;
    34    (iii) up to five million dollars for the  period  January  first,  two
    35  thousand six through December thirty-first, two thousand six;
    36    (iv)  up  to  five  million  dollars for the period January first, two
    37  thousand seven through December thirty-first, two thousand seven;
    38    (v) up to five million dollars for the period January first, two thou-
    39  sand eight through December thirty-first, two thousand eight;
    40    (vi) up to five million dollars for  the  period  January  first,  two
    41  thousand nine through December thirty-first, two thousand nine;
    42    (vii)  up  to  five  million dollars for the period January first, two
    43  thousand ten through December thirty-first, two thousand ten; and
    44    (viii) up to one million two hundred fifty thousand  dollars  for  the
    45  period  January  first,  two thousand eleven through March thirty-first,
    46  two thousand eleven.
    47    (pp) Funds shall be reserved and accumulated from  year  to  year  and
    48  shall  be  available,  including  income  from  invested  funds, for the
    49  purpose of supporting the provision of tax credits for  long  term  care
    50  insurance  pursuant  to subdivision one of section one hundred ninety of
    51  the tax law, paragraph (a) of subdivision  [twenty-five-a]  fourteen  of
    52  section  two hundred [ten] ten-B of such law, subsection (aa) of section
    53  six hundred six of such law[, paragraph one of subsection (k) of section
    54  fourteen hundred fifty-six of such law] and paragraph one of subdivision
    55  (m) of section fifteen hundred eleven of  such  law,  in  the  following
    56  amounts:

        S. 7506--B                         164                        A. 9506--B
 
     1    (i)  ten  million  dollars  for the period January first, two thousand
     2  four through December thirty-first, two thousand four;
     3    (ii)  ten  million  dollars for the period January first, two thousand
     4  five through December thirty-first, two thousand five;
     5    (iii) ten million dollars for the period January first,  two  thousand
     6  six through December thirty-first, two thousand six; and
     7    (iv)  five  million dollars for the period January first, two thousand
     8  seven through June thirtieth, two thousand seven.
     9    (qq) Funds shall be reserved and accumulated from  year  to  year  and
    10  shall  be  available,  including  income  from  invested  funds, for the
    11  purpose  of  supporting  the  long-term  care  insurance  education  and
    12  outreach program established pursuant to section two hundred seventeen-a
    13  of the elder law for the following periods in the following amounts:
    14    (i) up to five million dollars for the period January first, two thou-
    15  sand  four  through  December  thirty-first,  two thousand four; of such
    16  funds one million nine hundred fifty  thousand  dollars  shall  be  made
    17  available  to the department for the purpose of developing, implementing
    18  and administering the long-term care insurance  education  and  outreach
    19  program  and  three million fifty thousand dollars shall be deposited by
    20  the commissioner, within amounts appropriated, and  the  comptroller  is
    21  hereby  authorized  and directed to receive for deposit to the credit of
    22  the special revenue funds - other, HCRA transfer fund,  long  term  care
    23  insurance  resource  center account of the state office for the aging or
    24  any future account designated for the purpose of implementing  the  long
    25  term  care  insurance  education  and outreach program and providing the
    26  long term care insurance resource centers with the  necessary  resources
    27  to carry out their operations;
    28    (ii)  up  to  five  million  dollars for the period January first, two
    29  thousand five through December thirty-first, two thousand five; of  such
    30  funds  one  million  nine  hundred  fifty thousand dollars shall be made
    31  available to the department for the purpose of developing,  implementing
    32  and  administering  the  long-term care insurance education and outreach
    33  program and three million fifty thousand dollars shall be  deposited  by
    34  the  commissioner,  within  amounts appropriated, and the comptroller is
    35  hereby authorized and directed to receive for deposit to the  credit  of
    36  the  special  revenue  funds - other, HCRA transfer fund, long term care
    37  insurance resource center account of the state office for the  aging  or
    38  any  future  account designated for the purpose of implementing the long
    39  term care insurance education and outreach  program  and  providing  the
    40  long  term  care insurance resource centers with the necessary resources
    41  to carry out their operations;
    42    (iii) up to five million dollars for the  period  January  first,  two
    43  thousand  six  through  December thirty-first, two thousand six; of such
    44  funds one million nine hundred fifty  thousand  dollars  shall  be  made
    45  available  to the department for the purpose of developing, implementing
    46  and administering the long-term care insurance  education  and  outreach
    47  program and three million fifty thousand dollars shall be made available
    48  to  the  office for the aging for the purpose of providing the long term
    49  care insurance resource centers with the necessary  resources  to  carry
    50  out their operations;
    51    (iv)  up  to  five  million  dollars for the period January first, two
    52  thousand seven through December thirty-first,  two  thousand  seven;  of
    53  such funds one million nine hundred fifty thousand dollars shall be made
    54  available  to the department for the purpose of developing, implementing
    55  and administering the long-term care insurance  education  and  outreach
    56  program and three million fifty thousand dollars shall be made available

        S. 7506--B                         165                        A. 9506--B
 
     1  to  the  office for the aging for the purpose of providing the long term
     2  care insurance resource centers with the necessary  resources  to  carry
     3  out their operations;
     4    (v) up to five million dollars for the period January first, two thou-
     5  sand  eight  through  December thirty-first, two thousand eight; of such
     6  funds one million nine hundred fifty  thousand  dollars  shall  be  made
     7  available  to the department for the purpose of developing, implementing
     8  and administering the long term care insurance  education  and  outreach
     9  program and three million fifty thousand dollars shall be made available
    10  to  the  office for the aging for the purpose of providing the long term
    11  care insurance resource centers with the necessary  resources  to  carry
    12  out their operations;
    13    (vi)  up  to  five  million  dollars for the period January first, two
    14  thousand nine through December thirty-first, two thousand nine; of  such
    15  funds  one  million  nine  hundred  fifty thousand dollars shall be made
    16  available to the department for the purpose of developing,  implementing
    17  and  administering  the  long-term care insurance education and outreach
    18  program and three million fifty thousand dollars shall be made available
    19  to the office for the aging for the purpose of providing  the  long-term
    20  care  insurance  resource  centers with the necessary resources to carry
    21  out their operations;
    22    (vii) up to four hundred eighty-eight thousand dollars for the  period
    23  January first, two thousand ten through March thirty-first, two thousand
    24  ten;  of  such funds four hundred eighty-eight thousand dollars shall be
    25  made available to the department for the purpose of  developing,  imple-
    26  menting  and  administering  the  long-term care insurance education and
    27  outreach program.
    28    (rr) Funds shall be reserved and accumulated from the tobacco  control
    29  and  insurance initiatives pool and shall be available, including income
    30  from invested funds, for the purpose of supporting expenses  related  to
    31  implementation  of  the provisions of title [III] three of article twen-
    32  ty-nine-D of this chapter, for the following periods and in the  follow-
    33  ing amounts:
    34    (i)  up to ten million dollars for the period January first, two thou-
    35  sand six through December thirty-first, two thousand six;
    36    (ii) up to ten million dollars for the period January first, two thou-
    37  sand seven through December thirty-first, two thousand seven;
    38    (iii) up to ten million dollars for  the  period  January  first,  two
    39  thousand eight through December thirty-first, two thousand eight;
    40    (iv) up to ten million dollars for the period January first, two thou-
    41  sand nine through December thirty-first, two thousand nine;
    42    (v)  up to ten million dollars for the period January first, two thou-
    43  sand ten through December thirty-first, two thousand ten; and
    44    (vi) up to two million five hundred thousand dollars  for  the  period
    45  January first, two thousand eleven through March thirty-first, two thou-
    46  sand eleven.
    47    (ss)  Funds shall be reserved and accumulated from the tobacco control
    48  and insurance initiatives pool and used for a health care  stabilization
    49  program  established by the commissioner for the purposes of stabilizing
    50  critical health care providers and health care programs whose ability to
    51  continue to provide appropriate services are threatened by financial  or
    52  other  challenges,  in  the amount of up to twenty-eight million dollars
    53  for the period July first, two thousand four through June thirtieth, two
    54  thousand five. Notwithstanding the provisions  of  section  one  hundred
    55  twelve  of  the state finance law or any other inconsistent provision of
    56  the state finance law or any other law, funds available for distribution

        S. 7506--B                         166                        A. 9506--B
 
     1  pursuant to this paragraph may  be  allocated  and  distributed  by  the
     2  commissioner,  or  the state comptroller as applicable without a compet-
     3  itive bid or request for proposal process. Considerations relied upon by
     4  the commissioner in determining the allocation and distribution of these
     5  funds  shall  include,  but  not  be  limited to, the following: (i) the
     6  importance of the provider or program in meeting  critical  health  care
     7  needs  in  the  community  in  which  it  operates; (ii) the provider or
     8  program provision of care to under-served populations; (iii) the quality
     9  of the care or services the provider or program delivers; (iv) the abil-
    10  ity of the provider or program to continue  to  deliver  an  appropriate
    11  level  of  care or services if additional funding is made available; (v)
    12  the ability of the provider or program to access, in  a  timely  manner,
    13  alternative  sources  of  funding, including other sources of government
    14  funding; (vi) the ability of other providers or programs in the communi-
    15  ty to meet the community health care needs; (vii) whether  the  provider
    16  or  program  has an appropriate plan to improve its financial condition;
    17  and (viii) whether additional  funding  would  permit  the  provider  or
    18  program  to  consolidate,  relocate, or close programs or services where
    19  such actions would result in greater stability  and  efficiency  in  the
    20  delivery of needed health care services or programs.
    21    (tt)  Funds  shall  be  reserved and accumulated from year to year and
    22  shall be available, including income from invested funds,  for  purposes
    23  of  providing  grants  for  two  long  term  care demonstration projects
    24  designed to test new models for the delivery of long term care  services
    25  established  pursuant  to  section  twenty-eight hundred seven-x of this
    26  chapter, for the following periods and in the following amounts:
    27    (i) up to five hundred thousand dollars for the period January  first,
    28  two thousand four through December thirty-first, two thousand four;
    29    (ii) up to five hundred thousand dollars for the period January first,
    30  two thousand five through December thirty-first, two thousand five;
    31    (iii)  up  to  five  hundred  thousand  dollars for the period January
    32  first, two thousand six through December thirty-first, two thousand six;
    33    (iv) up to one million dollars for the period January first, two thou-
    34  sand seven through December thirty-first, two thousand seven; and
    35    (v) up to two hundred fifty thousand dollars for  the  period  January
    36  first,  two  thousand  eight  through  March  thirty-first, two thousand
    37  eight.
    38    (uu) Funds shall be reserved and accumulated from  year  to  year  and
    39  shall  be  available,  including  income  from  invested  funds, for the
    40  purpose of supporting disease management and telemedicine  demonstration
    41  programs  authorized  pursuant  to  section twenty-one hundred eleven of
    42  this chapter for the following periods in the following amounts:
    43    (i) five million dollars for the period January  first,  two  thousand
    44  four  through  December  thirty-first, two thousand four, of which three
    45  million dollars shall be available for disease management  demonstration
    46  programs  and  two  million  dollars shall be available for telemedicine
    47  demonstration programs;
    48    (ii) five million dollars for the period January first,  two  thousand
    49  five  through  December  thirty-first, two thousand five, of which three
    50  million dollars shall be available for disease management  demonstration
    51  programs  and  two  million  dollars shall be available for telemedicine
    52  demonstration programs;
    53    (iii) nine million five hundred thousand dollars for the period  Janu-
    54  ary  first, two thousand six through December thirty-first, two thousand
    55  six, of which seven million  five  hundred  thousand  dollars  shall  be

        S. 7506--B                         167                        A. 9506--B
 
     1  available  for disease management demonstration programs and two million
     2  dollars shall be available for telemedicine demonstration programs;
     3    (iv) nine million five hundred thousand dollars for the period January
     4  first,  two  thousand  seven through December thirty-first, two thousand
     5  seven, of which seven million five hundred  thousand  dollars  shall  be
     6  available  for disease management demonstration programs and one million
     7  dollars shall be available for telemedicine demonstration programs;
     8    (v) nine million five hundred thousand dollars for the period  January
     9  first,  two  thousand  eight through December thirty-first, two thousand
    10  eight, of which seven million five hundred  thousand  dollars  shall  be
    11  available  for disease management demonstration programs and two million
    12  dollars shall be available for telemedicine demonstration programs;
    13    (vi) seven million eight hundred thirty-three thousand  three  hundred
    14  thirty-three  dollars  for  the  period January first, two thousand nine
    15  through December thirty-first, two thousand nine, of which seven million
    16  five hundred thousand dollars shall be available for disease  management
    17  demonstration  programs  and  three  hundred thirty-three thousand three
    18  hundred thirty-three dollars shall be available for telemedicine  demon-
    19  stration  programs  for  the  period  January  first,  two thousand nine
    20  through March first, two thousand nine;
    21    (vii) one million eight hundred seventy-five thousand dollars for  the
    22  period  January  first, two thousand ten through March thirty-first, two
    23  thousand ten shall be available  for  disease  management  demonstration
    24  programs.
    25    (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
    26  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    27  directed  to  receive for the deposit to the credit of the state special
    28  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    29  or  any  successor  fund  or  account, for purposes of funding the state
    30  share of the  general  hospital  rates  increases  for  recruitment  and
    31  retention  of  health care workers pursuant to paragraph (e) of subdivi-
    32  sion thirty of section twenty-eight hundred seven-c of this article from
    33  the tobacco control and insurance initiatives pool established  for  the
    34  following periods in the following amounts:
    35    (i) sixty million five hundred thousand dollars for the period January
    36  first,  two  thousand  five  through December thirty-first, two thousand
    37  five; and
    38    (ii) sixty million five hundred thousand dollars for the period  Janu-
    39  ary  first, two thousand six through December thirty-first, two thousand
    40  six.
    41    (xx) Funds shall be deposited  by  the  commissioner,  within  amounts
    42  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    43  directed to receive for the deposit to the credit of the  state  special
    44  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    45  or any successor fund or account, for  purposes  of  funding  the  state
    46  share of the general hospital rates increases for rural hospitals pursu-
    47  ant to subdivision thirty-two of section twenty-eight hundred seven-c of
    48  this  article  from  the  tobacco control and insurance initiatives pool
    49  established for the following periods in the following amounts:
    50    (i) three million five hundred thousand dollars for the period January
    51  first, two thousand five through  December  thirty-first,  two  thousand
    52  five;
    53    (ii)  three million five hundred thousand dollars for the period Janu-
    54  ary first, two thousand six through December thirty-first, two  thousand
    55  six;

        S. 7506--B                         168                        A. 9506--B
 
     1    (iii) three million five hundred thousand dollars for the period Janu-
     2  ary  first,  two thousand seven through December thirty-first, two thou-
     3  sand seven;
     4    (iv)  three million five hundred thousand dollars for the period Janu-
     5  ary first, two thousand eight through December thirty-first,  two  thou-
     6  sand eight; and
     7    (v)  three  million  two hundred eight thousand dollars for the period
     8  January first, two thousand nine through November thirtieth,  two  thou-
     9  sand nine.
    10    (yy)  Funds  shall  be  reserved and accumulated from year to year and
    11  shall be available,  within  amounts  appropriated  and  notwithstanding
    12  section  one  hundred  twelve  of  the  state  finance law and any other
    13  contrary provision of law, for the purpose of supporting grants  not  to
    14  exceed  five  million  dollars  to be made by the commissioner without a
    15  competitive bid or request for  proposal  process,  in  support  of  the
    16  delivery  of  critically  needed  health  care  services, to health care
    17  providers located in the counties of Erie and Niagara which  executed  a
    18  memorandum of closing and conducted a merger closing in escrow on Novem-
    19  ber  twenty-fourth, nineteen hundred ninety-seven and which entered into
    20  a settlement dated December thirtieth, two thousand four for a  loss  on
    21  disposal  of  assets  under the provisions of title XVIII of the federal
    22  social security act applicable to mergers occurring  prior  to  December
    23  first, nineteen hundred ninety-seven.
    24    (zz)  Funds  shall  be  reserved and accumulated from year to year and
    25  shall be available, within amounts  appropriated,  for  the  purpose  of
    26  supporting  expenditures  authorized  pursuant  to  section twenty-eight
    27  hundred eighteen of this article from the tobacco control and  insurance
    28  initiatives  pool established for the following periods in the following
    29  amounts:
    30    (i) six million five hundred thousand dollars for the  period  January
    31  first,  two  thousand  five  through December thirty-first, two thousand
    32  five;
    33    (ii) one hundred eight million three hundred thousand dollars for  the
    34  period  January  first,  two thousand six through December thirty-first,
    35  two thousand six, provided, however, that within amounts appropriated in
    36  the two thousand six through two thousand seven  state  fiscal  year,  a
    37  portion  of  such  funds  may  be transferred to the Roswell Park Cancer
    38  Institute Corporation to fund capital costs;
    39    (iii) one hundred seventy-one million dollars for the  period  January
    40  first,  two  thousand  seven through December thirty-first, two thousand
    41  seven, provided, however, that within amounts appropriated  in  the  two
    42  thousand  six through two thousand seven state fiscal year, a portion of
    43  such funds may be transferred  to  the  Roswell  Park  Cancer  Institute
    44  Corporation to fund capital costs;
    45    (iv) one hundred seventy-one million five hundred thousand dollars for
    46  the  period  January  first, two thousand eight through December thirty-
    47  first, two thousand eight;
    48    (v) one hundred twenty-eight  million  seven  hundred  fifty  thousand
    49  dollars for the period January first, two thousand nine through December
    50  thirty-first, two thousand nine;
    51    (vi)  one  hundred thirty-one million three hundred seventy-five thou-
    52  sand dollars for the period January  first,  two  thousand  ten  through
    53  December thirty-first, two thousand ten;
    54    (vii)  thirty-four  million two hundred fifty thousand dollars for the
    55  period January first, two thousand eleven  through  March  thirty-first,
    56  two thousand eleven;

        S. 7506--B                         169                        A. 9506--B

     1    (viii) four hundred thirty-three million three hundred sixty-six thou-
     2  sand  dollars  for  the  period April first, two thousand eleven through
     3  March thirty-first, two thousand twelve;
     4    (ix)  one hundred fifty million eight hundred six thousand dollars for
     5  the period April first, two thousand twelve through March  thirty-first,
     6  two thousand thirteen;
     7    (x)  seventy-eight million seventy-one thousand dollars for the period
     8  April first, two thousand thirteen through March thirty-first, two thou-
     9  sand fourteen.
    10    (aaa) Funds shall be reserved and accumulated from year  to  year  and
    11  shall  be  available, including income from invested funds, for services
    12  and expenses related to school based health centers, in an amount up  to
    13  three  million five hundred thousand dollars for the period April first,
    14  two thousand six through March thirty-first, two thousand seven,  up  to
    15  three  million five hundred thousand dollars for the period April first,
    16  two thousand seven through March thirty-first, two thousand eight, up to
    17  three million five hundred thousand dollars for the period April  first,
    18  two  thousand eight through March thirty-first, two thousand nine, up to
    19  three million five hundred thousand dollars for the period April  first,
    20  two  thousand  nine  through March thirty-first, two thousand ten, up to
    21  three million five hundred thousand dollars for the period April  first,
    22  two  thousand ten through March thirty-first, two thousand eleven, up to
    23  two million eight hundred thousand dollars each state  fiscal  year  for
    24  the  period April first, two thousand eleven through March thirty-first,
    25  two thousand fourteen, up to two million six hundred forty-four thousand
    26  dollars each state fiscal year for the period April first, two  thousand
    27  fourteen through March thirty-first, two thousand seventeen, [and] up to
    28  two  million  six  hundred forty-four thousand dollars each state fiscal
    29  year for the period April first, two thousand  seventeen  through  March
    30  thirty-first,  two  thousand  twenty,  and up to two million six hundred
    31  forty-four thousand dollars each state fiscal year for the period  April
    32  first,  two  thousand  twenty  through  March thirty-first, two thousand
    33  twenty-three. The  total  amount  of  funds  provided  herein  shall  be
    34  distributed  as  grants  based  on  the  ratio  of each provider's total
    35  enrollment for all sites to the total enrollment of all providers.  This
    36  formula shall be applied to the total amount provided herein.
    37    (bbb)  Funds  shall  be reserved and accumulated from year to year and
    38  shall be available, including income from invested funds,  for  purposes
    39  of  awarding  grants  to  operators  of  adult  homes,  enriched housing
    40  programs and residences through the enhancing abilities and life experi-
    41  ence (EnAbLe) program to provide for  the  installation,  operation  and
    42  maintenance  of air conditioning in resident rooms, consistent with this
    43  paragraph, in an amount up to two million dollars for the  period  April
    44  first,  two thousand six through March thirty-first, two thousand seven,
    45  up to three million eight hundred thousand dollars for the period  April
    46  first,  two  thousand  seven  through  March  thirty-first, two thousand
    47  eight, up to three million eight hundred thousand dollars for the period
    48  April first, two thousand eight through March thirty-first, two thousand
    49  nine, up to three million eight hundred thousand dollars for the  period
    50  April  first, two thousand nine through March thirty-first, two thousand
    51  ten, and up to three million eight  hundred  thousand  dollars  for  the
    52  period  April  first,  two  thousand ten through March thirty-first, two
    53  thousand eleven. Residents shall not be charged utility cost for the use
    54  of air conditioners supplied under the  EnAbLe  program.  All  such  air
    55  conditioners must be operated in occupied resident rooms consistent with
    56  requirements applicable to common areas.

        S. 7506--B                         170                        A. 9506--B
 
     1    (ccc)  Funds  shall  be  deposited by the commissioner, within amounts
     2  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     3  directed  to  receive for the deposit to the credit of the state special
     4  revenue funds - other, HCRA transfer fund, medical  assistance  account,
     5  or  any  successor  fund  or  account, for purposes of funding the state
     6  share of increases in the rates for certified home health agencies, long
     7  term home  health  care  programs,  AIDS  home  care  programs,  hospice
     8  programs and managed long term care plans and approved managed long term
     9  care  operating  demonstrations as defined in section forty-four hundred
    10  three-f of this chapter for recruitment and  retention  of  health  care
    11  workers  pursuant  to  subdivisions  nine  and ten of section thirty-six
    12  hundred fourteen of this chapter from the tobacco control and  insurance
    13  initiatives  pool established for the following periods in the following
    14  amounts:
    15    (i) twenty-five million dollars for the period June first,  two  thou-
    16  sand six through December thirty-first, two thousand six;
    17    (ii)  fifty million dollars for the period January first, two thousand
    18  seven through December thirty-first, two thousand seven;
    19    (iii) fifty million dollars for the period January first, two thousand
    20  eight through December thirty-first, two thousand eight;
    21    (iv) fifty million dollars for the period January first, two  thousand
    22  nine through December thirty-first, two thousand nine;
    23    (v)  fifty  million dollars for the period January first, two thousand
    24  ten through December thirty-first, two thousand ten;
    25    (vi) twelve million five hundred thousand dollars for the period Janu-
    26  ary first, two thousand eleven through March thirty-first, two  thousand
    27  eleven;
    28    (vii) up to fifty million dollars each state fiscal year for the peri-
    29  od  April  first,  two  thousand  eleven through March thirty-first, two
    30  thousand fourteen;
    31    (viii) up to fifty million dollars each  state  fiscal  year  for  the
    32  period  April  first,  two thousand fourteen through March thirty-first,
    33  two thousand seventeen; [and]
    34    (ix) up to fifty million dollars each state fiscal year for the period
    35  April first, two thousand  seventeen  through  March  thirty-first,  two
    36  thousand twenty; and
    37    (x)  up to fifty million dollars each state fiscal year for the period
    38  April first, two thousand twenty through March thirty-first,  two  thou-
    39  sand twenty-three.
    40    (ddd)  Funds  shall  be  deposited by the commissioner, within amounts
    41  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    42  directed  to  receive for the deposit to the credit of the state special
    43  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    44  or  any  successor  fund  or  account, for purposes of funding the state
    45  share of increases in the medical assistance  rates  for  providers  for
    46  purposes  of  enhancing the provision, quality and/or efficiency of home
    47  care services pursuant  to  subdivision  eleven  of  section  thirty-six
    48  hundred  fourteen of this chapter from the tobacco control and insurance
    49  initiatives pool established for the following period in the  amount  of
    50  eight  million  dollars  for  the  period  April first, two thousand six
    51  through December thirty-first, two thousand six.
    52    (eee) Funds shall be reserved and accumulated from year  to  year  and
    53  shall  be available, including income from invested funds, to the Center
    54  for Functional Genomics at the State University of New York  at  Albany,
    55  for  the  purposes  of  the  Adirondack network for cancer education and
    56  research in rural communities grant program to improve access to  health

        S. 7506--B                         171                        A. 9506--B
 
     1  care  and shall be made available from the tobacco control and insurance
     2  initiatives pool established for the following period in the  amount  of
     3  up  to  five  million dollars for the period January first, two thousand
     4  six through December thirty-first, two thousand six.
     5    (fff)  Funds  shall  be  made  available to the empire state stem cell
     6  trust fund established by section ninety-nine-p of the state finance law
     7  within amounts appropriated up to fifty  million  dollars  annually  and
     8  shall not exceed five hundred million dollars in total.
     9    (ggg)  Funds  shall  be  deposited by the commissioner, within amounts
    10  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    11  directed  to  receive  for  deposit  to  the credit of the state special
    12  revenue fund - other, HCRA transfer fund, medical assistance account, or
    13  any successor fund or account, for the purpose of supporting  the  state
    14  share  of  Medicaid  expenditures  for  hospital translation services as
    15  authorized pursuant to paragraph (k) of subdivision one of section twen-
    16  ty-eight hundred seven-c of this article from the  tobacco  control  and
    17  initiatives  pool established for the following periods in the following
    18  amounts:
    19    (i) sixteen million dollars for the period July  first,  two  thousand
    20  eight through December thirty-first, two thousand eight; and
    21    (ii)  fourteen  million  seven hundred thousand dollars for the period
    22  January first, two thousand nine through November thirtieth,  two  thou-
    23  sand nine.
    24    (hhh)  Funds  shall  be  deposited by the commissioner, within amounts
    25  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    26  directed  to  receive  for  deposit  to  the credit of the state special
    27  revenue fund - other, HCRA transfer fund, medical assistance account, or
    28  any successor fund or account, for the purpose of supporting  the  state
    29  share  of  Medicaid  expenditures  for adjustments to inpatient rates of
    30  payment for general hospitals located in  the  counties  of  Nassau  and
    31  Suffolk  as  authorized  pursuant to paragraph (l) of subdivision one of
    32  section twenty-eight hundred seven-c of this article  from  the  tobacco
    33  control  and  initiatives  pool established for the following periods in
    34  the following amounts:
    35    (i) two million five hundred thousand dollars  for  the  period  April
    36  first,  two  thousand  eight through December thirty-first, two thousand
    37  eight; and
    38    (ii) two million two hundred ninety-two thousand dollars for the peri-
    39  od January first, two thousand  nine  through  November  thirtieth,  two
    40  thousand nine.
    41    (iii)  Funds shall be reserved and set aside and accumulated from year
    42  to year and shall be made available, including  income  from  investment
    43  funds,  for  the purpose of supporting the New York state medical indem-
    44  nity fund as authorized pursuant to title four of article  twenty-nine-D
    45  of this chapter, for the following periods and in the following amounts,
    46  provided,  however,  that  the commissioner is authorized to seek waiver
    47  authority from the federal centers for medicare  and  Medicaid  for  the
    48  purpose  of  securing  Medicaid federal financial participation for such
    49  program, in which case the funding authorized pursuant to this paragraph
    50  shall be utilized as the non-federal share for such payments:
    51    Thirty million dollars for the period April first, two thousand eleven
    52  through March thirty-first, two thousand twelve.
    53    2. (a) For periods prior to January  first,  two  thousand  five,  the
    54  commissioner  is  authorized  to  contract  with the article forty-three
    55  insurance law plans, or such other contractors as the commissioner shall
    56  designate, to receive and distribute funds from the tobacco control  and

        S. 7506--B                         172                        A. 9506--B
 
     1  insurance  initiatives pool established pursuant to this section. In the
     2  event contracts with the article  forty-three  insurance  law  plans  or
     3  other  commissioner's  designees are effectuated, the commissioner shall
     4  conduct annual audits of the receipt and distribution of such funds. The
     5  reasonable  costs  and  expenses  of an administrator as approved by the
     6  commissioner, not to exceed for personnel services on  an  annual  basis
     7  five  hundred thousand dollars, for collection and distribution of funds
     8  pursuant to this section shall be paid from such funds.
     9    (b) Notwithstanding any inconsistent provision of section one  hundred
    10  twelve  or one hundred sixty-three of the state finance law or any other
    11  law, at the discretion of the commissioner without a competitive bid  or
    12  request  for proposal process, contracts in effect for administration of
    13  pools established pursuant to  sections  twenty-eight  hundred  seven-k,
    14  twenty-eight  hundred  seven-l  and twenty-eight hundred seven-m of this
    15  article for the  period  January  first,  nineteen  hundred  ninety-nine
    16  through  December  thirty-first,  nineteen  hundred  ninety-nine  may be
    17  extended to provide for administration pursuant to this section and  may
    18  be amended as may be necessary.
    19    §  15.  Paragraph (a) of subdivision 12 of section 367-b of the social
    20  services law, as amended by section 7 of part H of  chapter  57  of  the
    21  laws of 2017, is amended to read as follows:
    22    (a) For the purpose of regulating cash flow for general hospitals, the
    23  department  shall develop and implement a payment methodology to provide
    24  for timely payments for inpatient hospital services  eligible  for  case
    25  based  payments per discharge based on diagnosis-related groups provided
    26  during the period January first, nineteen hundred  eighty-eight  through
    27  March thirty-first two thousand [twenty] twenty-three, by such hospitals
    28  which elect to participate in the system.
    29    §  16.  Paragraph  (o)  of subdivision 9 of section 3614 of the public
    30  health law, as added by section 11 of part H of chapter 57 of  the  laws
    31  of  2017, is amended and three new paragraphs (p), (q) and (r) are added
    32  to read as follows:
    33    (o) for the period April first, two thousand  nineteen  through  March
    34  thirty-first, two thousand twenty, up to one hundred million dollars[.];
    35    (p)  for  the  period  April  first, two thousand twenty through March
    36  thirty-first,  two  thousand  twenty-one,  up  to  one  hundred  million
    37  dollars;
    38    (q)  for the period April first, two thousand twenty-one through March
    39  thirty-first,  two  thousand  twenty-two,  up  to  one  hundred  million
    40  dollars;
    41    (r)  for the period April first, two thousand twenty-two through March
    42  thirty-first, two thousand  twenty-three,  up  to  one  hundred  million
    43  dollars.
    44    §  17.  Paragraph  (s) of subdivision 1 of section 367-q of the social
    45  services law, as added by section 12 of part H of chapter 57 of the laws
    46  of 2017, is amended and three new paragraphs (t), (u) and (v) are  added
    47  to read as follows:
    48    (s)  for  the  period April first, two thousand nineteen through March
    49  thirty-first, two thousand twenty,  twenty-eight  million  five  hundred
    50  thousand dollars[.];
    51    (t)  for  the  period  April  first, two thousand twenty through March
    52  thirty-first, two thousand twenty-one, up to twenty-eight  million  five
    53  hundred thousand dollars;
    54    (u)  for the period April first, two thousand twenty-one through March
    55  thirty-first, two thousand twenty-two, up to twenty-eight  million  five
    56  hundred thousand dollars;

        S. 7506--B                         173                        A. 9506--B
 
     1    (v)  for the period April first, two thousand twenty-two through March
     2  thirty-first, two thousand twenty-three, up to twenty-eight million five
     3  hundred thousand dollars.
     4    §  18.  Section  5  of  chapter  517 of the laws of 2016, amending the
     5  public health law relating to payments from the New York  state  medical
     6  indemnity  fund,  as amended by section 4 of part K of chapter 57 of the
     7  laws of 2019, is amended to read as follows:
     8    § 5. This act shall take effect on the forty-fifth day after it  shall
     9  have  become  a  law,  provided  that the amendments to subdivision 4 of
    10  section 2999-j of the public health law made by section two of this  act
    11  shall  take  effect  on  June  30,  2017  and shall expire and be deemed
    12  repealed December 31, [2020] 2021.
    13    § 19. Section 2807-g and paragraph (e) of  subdivision  1  of  section
    14  2807-l of the public health law are REPEALED.
    15    §  20. This act shall take effect April 1, 2020, provided, however, if
    16  this act shall become a law after such date it shall take  effect  imme-
    17  diately and shall be deemed to have been in full force and effect on and
    18  after April 1, 2020, and further provided, that:
    19    (a)  the amendments to sections 2807-j and 2807-s of the public health
    20  law made by sections two, eight, eleven and twelve of this act shall not
    21  affect the expiration of such sections and shall expire therewith;
    22    (b) the amendments to subdivision 6 of section 2807-t  of  the  public
    23  health  law  made  by  section thirteen of this act shall not affect the
    24  expiration of such section and shall be deemed to expire therewith; and
    25    (c) the amendments to paragraph (i-1)  of  subdivision  1  of  section
    26  2807-v  of  the  public  health law made by section fourteen of this act
    27  shall not affect the repeal  of  such  paragraph  and  shall  be  deemed
    28  repealed therewith.
 
    29                                   PART Z
 
    30    Section  1.  Subdivisions  1  and  3  of  section  461-s of the social
    31  services law, subdivision 1 as amended by section 4 of part R of chapter
    32  59 of the laws of 2016 and subdivision 3 as amended by section 6 of part
    33  A of chapter 57 of the laws of 2015, are amended to read as follows:
    34    1. (a) The commissioner of health shall establish the enhanced quality
    35  of adult living program (referred to  in  this  section  as  the  "EQUAL
    36  program" or the "program") for adult care facilities.  The program shall
    37  be  targeted  at  improving  the quality of life for adult care facility
    38  residents by means of grants to facilities for [specified] the  purposes
    39  set  forth  in subparagraphs (i) and (ii) of the paragraph.  The depart-
    40  ment of health, subject to the approval of the director of  the  budget,
    41  shall  develop  an allocation methodology taking into account the finan-
    42  cial status and size of the facility [as well as],  resident  needs  and
    43  the  population  of  residents who receive supplemental security income,
    44  state supplemental payments, Medicaid (with respect to residents  in  an
    45  assisted  living  program), or safety net assistance.  On or before June
    46  first of each year, the department shall make available the  application
    47  for  EQUAL  program  funds.  Grants may be used to support the following
    48  purposes:
    49    (i) to improve the quality of life for adult care  facility  residents
    50  by  funding projects including, but not limited to, clothing allowances,
    51  resident training to support independent living skills, improvements  in
    52  food  quality, outdoor leisure projects, and culturally recreational and
    53  other leisure events; and resident quality of  life,  pursuant  to  this
    54  subparagraph, and

        S. 7506--B                         174                        A. 9506--B
 
     1    (ii)  to improve the quality of life for adult care facility residents
     2  by financing capital improvement projects that will enhance the physical
     3  environment of the facility and promote a higher  quality  of  life  for
     4  residents. Any capital related expense generated by such capital expend-
     5  iture must receive approval by the department of health, provided howev-
     6  er, that such expenditures shall not be used to supplant the obligations
     7  of  the facility operator to provide a safe, comfortable environment for
     8  residents in a good state of repair and sanitation.
     9    (b) On or before June first of each year, the  department  shall  make
    10  available the application for EQUAL program funds to eligible adult care
    11  facilities, as set forth in this section.
    12    3. Prior to applying for EQUAL program funds, a facility shall receive
    13  approval  of  its  expenditure  plan from the residents' council for the
    14  facility. The residents' council shall adopt a process to  identify  the
    15  priorities  of  the residents for the use of the program funds and docu-
    16  ment residents' top preferences by means that  may  include  a  vote  or
    17  survey.  The plan shall detail how program funds will be used to improve
    18  resident quality of life, pursuant to subparagraph (i) of paragraph  (a)
    19  of subdivision one of this section, and support sustainable enhancements
    20  to  the physical environment of the facility [or the quality of care and
    21  services rendered to residents and may include, but not be  limited  to,
    22  staff training, air conditioning in residents' areas, clothing, improve-
    23  ments in food quality, furnishings, equipment, security, and maintenance
    24  or  repairs  to the facility] pursuant to subparagraph (ii) of paragraph
    25  (a) of this subdivision. The facility's application  for  EQUAL  program
    26  funds  shall  include  a signed attestation from the president or chair-
    27  person of the residents' council or, in  the  absence  of  a  residents'
    28  council,  at  least  three  residents  of the facility, stating that the
    29  application reflects the priorities of the residents  of  the  facility.
    30  The  department  shall investigate reports of resident abuse and retali-
    31  ation related to program applications and expenditures.
    32    § 2. This act shall take effect immediately and  shall  be  deemed  to
    33  have been in full force and effect on and after April 1, 2020.
 
    34                                   PART AA
 
    35    Section 1. Section 2807-bbb of the public health law is REPEALED.
    36    §  2.  Subdivision  10  of  section  2808  of the public health law is
    37  REPEALED.
    38    § 3. Subdivision 6 of section 3614 of the public health law, as  added
    39  by chapter 563 of the laws of 1991, is REPEALED.
    40    §  4.  Subdivision  4  of  section  4012  of  the public health law is
    41  REPEALED.
    42    § 5. Clause (B) of subparagraph (iii) of paragraph (e) of  subdivision
    43  one  of section twenty-eight hundred seven-c of the public health law is
    44  REPEALED.
    45    § 6. Article 27-G of the public health law is REPEALED.
    46    § 7. Section 95-e of the state finance law, as added by chapter 301 of
    47  the laws of 2004, subdivision 2 as amended by chapter 483 of the laws of
    48  2015, subdivision 2-a as added by section 27-i of part UU of chapter  54
    49  of the laws of 2016, is amended to read as follows:
    50    §  95-e.  The  New  York  state autism awareness and research fund. 1.
    51  There is hereby established in the joint custody of the commissioner  of
    52  taxation  and finance and the comptroller, a special fund to be known as
    53  the New York state autism awareness and research fund.

        S. 7506--B                         175                        A. 9506--B
 
     1    2. Such fund shall consist of all revenues received  pursuant  to  the
     2  provisions  of  section  four  hundred four-v of the vehicle and traffic
     3  law, as added by chapter three hundred one of the laws of  two  thousand
     4  four,  all revenues received pursuant to section six hundred thirty-d of
     5  the  tax law and all other moneys appropriated, credited, or transferred
     6  thereto from any other fund or source pursuant to law. Nothing contained
     7  in this section shall prevent the state from receiving grants, gifts  or
     8  bequests  for  the  purposes  of the fund as defined in this section and
     9  depositing them into the fund according to law.
    10    2-a. On or before the first day of February each year, the commission-
    11  er of [health] the office for  people  with  developmental  disabilities
    12  shall provide a written report to the temporary president of the senate,
    13  speaker of the assembly, chair of the senate finance committee, chair of
    14  the  assembly ways and means committee, chair of the senate committee on
    15  health, chair of the assembly health committee,  the  state  comptroller
    16  and  the  public.  Such  report shall include how the monies of the fund
    17  were utilized during the preceding calendar year, and shall include:
    18    (i) the amount of money disbursed from the fund and the award  process
    19  used for such disbursements;
    20    (ii) recipients of awards from the fund;
    21    (iii) the amount awarded to each;
    22    (iv) the purposes for which such awards were granted; and
    23    (v) a summary financial plan for such monies which shall include esti-
    24  mates of all receipts and all disbursements for the current and succeed-
    25  ing  fiscal  years,  along with the actual results from the prior fiscal
    26  year.
    27    3. (a) Monies of the fund shall be expended only for autism  awareness
    28  projects  or  autism  research  projects  approved by the [department of
    29  health] office for people with developmental disabilities  in  New  York
    30  state  provided,  however,  that no more than ten percent of monies from
    31  such fund shall be expended on the aggregate number of  autism  research
    32  projects approved in a fiscal year.
    33    (b)  As used in this section, the term "autism research project" means
    34  scientific research approved by the [department of  health]  office  for
    35  people  with developmental disabilities into the causes and/or treatment
    36  of autism, and the term  "autism  awareness  project"  means  a  project
    37  approved  by  the [department of health] office for people with develop-
    38  mental disabilities aimed toward educating the general public about  the
    39  causes, symptoms, and treatments of autism.
    40    4.  Monies  shall be payable from the fund on the audit and warrant of
    41  the comptroller on vouchers approved and certified by  the  commissioner
    42  of [health] the office for people with developmental disabilities.
    43    5.  To the extent practicable, the commissioner of [health] the office
    44  for people with developmental disabilities shall ensure that all  monies
    45  received  during  a  fiscal  year  are expended prior to the end of that
    46  fiscal year.
    47    § 8. Article 27-J of the public health law is REPEALED.
    48    § 9. Title E of the mental hygiene law is  amended  by  adding  a  new
    49  article 30 to read as follows:
    50                                 ARTICLE 30
    51               COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS
    52  Section 30.01 Legislative findings.
    53          30.02 Definitions.
    54          30.03 Comprehensive  care  centers  for eating disorders; estab-
    55                  lished.
    56          30.04 Qualifying criteria.

        S. 7506--B                         176                        A. 9506--B
 
     1          30.05 State identification of  comprehensive  care  centers  for
     2                  eating disorders; commissioner's written notice.
     3          30.06 Restricted use of title.
     4  § 30.01 Legislative findings.
     5    The  legislature  hereby  finds that effective diagnosis and treatment
     6  for citizens struggling with eating disorders, a complex and potentially
     7  life-threatening condition, requires a  continuum  of  interdisciplinary
     8  providers  and  levels  of  care. Such effective diagnosis and treatment
     9  further requires the coordination and  comprehensive  management  of  an
    10  individualized  plan of care specifically oriented to the distinct needs
    11  of each individual.
    12    The legislature further finds that, while there  are  numerous  health
    13  care providers in the state with expertise in eating disorder treatment,
    14  there is no generally accessible, comprehensive system for responding to
    15  these  disorders. Due to the lack of such a system the legislature finds
    16  that treatment, information/referral, prevention and research activities
    17  are fragmented and incomplete. In addition, due to the broad,  multifac-
    18  eted  needs of individuals with eating disorders, insurance payments for
    19  the necessary plan of care and providers is usually fragmented as  well,
    20  leaving  citizens with insufficient coverage for essential services and,
    21  therefore, at risk of incomplete treatment, relapse,  deterioration  and
    22  potential death.
    23    The legislature therefore declares that the state take positive action
    24  to  facilitate  the  development  and  public identification of provider
    25  networks and care  centers  of  excellence  to  provide  a  coordinated,
    26  comprehensive  system for the treatment of such disorders, as well as to
    27  conduct  community  education,  prevention,   information/referral   and
    28  research activities. The legislature further declares that health cover-
    29  age  by  insurers  and  health  maintenance organizations should include
    30  covered services provided through such centers and that, to  the  extent
    31  possible and practicable, health plan reimbursement should be structured
    32  in  a  manner  to facilitate the individualized, comprehensive and inte-
    33  grated plans of care which such centers are required to provide.
    34  § 30.02 Definitions.
    35    For purposes of this article:
    36    (a) "Eating disorder" is defined to include, but not  be  limited  to,
    37  conditions  such as anorexia nervosa, bulimia and binge eating disorder,
    38  identified as such  in  the  ICD-9-CM  International  Classification  of
    39  Disease  or  the  most current edition of the Diagnostic and Statistical
    40  Manual of Mental Disorders, or other medical and mental health  diagnos-
    41  tic  references  generally  accepted for standard use by the medical and
    42  mental health fields.
    43    (b) "Comprehensive care centers for eating disorders"  or  "comprehen-
    44  sive  care centers" means a provider-sponsored system of care, organized
    45  by either corporate affiliation or clinical association for  the  common
    46  purpose  of  providing a coordinated, individualized plan of care for an
    47  individual with an eating disorder, across a continuum that includes all
    48  necessary non-institutional, institutional and practitioner services and
    49  treatments, from initial patient screening and evaluation, to treatment,
    50  follow-up care and support.
    51  § 30.03 Comprehensive care centers for eating disorders; established.
    52    The commissioner  shall  provide  for  the  public  identification  of
    53  comprehensive  care  centers  for  persons with eating disorders for the
    54  purposes of:
    55    (a) Promoting the operation of a continuum of  comprehensive,  coordi-
    56  nated care for persons with eating disorders;

        S. 7506--B                         177                        A. 9506--B

     1    (b)  Promoting  ready  access  to  information, referral and treatment
     2  services  on  eating  disorders  for  consumers,  health  practitioners,
     3  providers and insurers, with access in every region of the state;
     4    (c)  Promoting  community education, prevention and patient entry into
     5  care; and
     6    (d) Promoting and coordinating regional and statewide research efforts
     7  into effective methods of education, prevention and treatment, including
     8  research on the various models of care.
     9  § 30.04 Qualifying criteria.
    10    (a) In order to qualify for state identification  as  a  comprehensive
    11  care  center  for  eating disorders pursuant to this article, applicants
    12  must demonstrate to the commissioner's satisfaction that, at a minimum:
    13    1. The applicant can provide a  continuum  of  care  tailored  to  the
    14  specialized  needs  of  individuals  with  eating  disorders,  with such
    15  continuum including at least the following levels of care:
    16    (i) Individual health, psychosocial and case management  services,  in
    17  both  noninstitutional  and  institutional  settings,  from licensed and
    18  certified practitioners with demonstrated experience  and  expertise  in
    19  providing services to individuals with eating disorders;
    20    (ii) Medical/surgical, psychiatric and rehabilitation care in a gener-
    21  al  hospital  or  a hospital licensed under this chapter; provided that,
    22  whenever practicable and appropriate, the service setting for  any  such
    23  care  shall be oriented to the specific needs, treatment and recovery of
    24  persons with eating disorders;
    25    (iii) Residential care and  services  in  a  residential  health  care
    26  facility  licensed  under article twenty-eight of the public health law,
    27  or a facility licensed under article thirty-one of  this  chapter  which
    28  will  provide a program of care and service setting that is specifically
    29  oriented to the needs of individuals with eating disorders;
    30    2. The care of individuals will be managed  and  coordinated  at  each
    31  level and throughout the continuum of care;
    32    3.  The  applicant  is able to conduct activities for community educa-
    33  tion, prevention, information/referral and research; and
    34    4. The applicant meets such additional criteria as are established  by
    35  the commissioner.
    36    (b) Eligible applicants shall include but are not limited to providers
    37  licensed  under article twenty-eight of the public health law or article
    38  thirty-one of this chapter or  health  or  mental  health  practitioners
    39  licensed under title eight of the education law.
    40    (c) The commissioner shall seek the recommendation of the commissioner
    41  of  health  prior  to  identifying  an applicant as a comprehensive care
    42  center under this article.
    43  § 30.05 State identification of comprehensive care  centers  for  eating
    44            disorders; commissioner's written notice.
    45    (a)  The commissioner shall identify a sufficient number of comprehen-
    46  sive centers to ensure adequate access to services in all regions of the
    47  state, provided that, to the extent  possible,  the  commissioner  shall
    48  identify  such  care  centers  geographically  dispersed  throughout the
    49  state, and provided further, however, that the  commissioner  shall,  to
    50  the extent possible, initially identify at least three such centers.
    51    (b)  The  commissioner's identification of a comprehensive care center
    52  for eating disorders under this article shall be valid for not more than
    53  a two year period from the date of issuance. The commissioner may  reis-
    54  sue  such  identifications  for  subsequent periods of up to five years,
    55  provided that the comprehensive care center has notified the commission-
    56  er of any material changes  in  structure  or  operation  based  on  its

        S. 7506--B                         178                        A. 9506--B
 
     1  original  application,  or  since its last written notice by the commis-
     2  sioner, and that the commissioner is satisfied that the center continues
     3  to meet the criteria required pursuant to this article.
     4    (c)  The  commissioner may suspend or revoke his or her written notice
     5  upon a determination that the comprehensive care center has not met,  or
     6  would  not be able to meet, the criteria required pursuant to this arti-
     7  cle, provided, however that the commissioner shall afford such center an
     8  opportunity for a hearing, in accordance section 31.17 of this  chapter,
     9  to  review the circumstances of and grounds for such suspension or revo-
    10  cation and to appeal such determination.
    11  § 30.06 Restricted use of title.
    12    No person or entity shall claim,  advertise  or  imply  to  consumers,
    13  health  plans or other health care providers that such provider or prac-
    14  titioner is a state-identified  comprehensive  care  center  for  eating
    15  disorders unless it is qualified pursuant to section 30.04 of this arti-
    16  cle.
    17    §  10. Section 31.25 of the mental hygiene law, as added by chapter 24
    18  of the laws of 2008, is amended to read as follows:
    19  § 31.25 Residential services for treatment of eating disorders.
    20    The commissioner shall establish,  pursuant  to  regulation,  licensed
    21  residential  providers  of treatment and/or supportive services to chil-
    22  dren, adolescents, and adults with eating disorders,  as  that  term  is
    23  defined  in  section  [twenty-seven  hundred ninety-nine-e of the public
    24  health law] 30.02 of this title. Such regulations shall be developed  in
    25  consultation  with  representatives  from each of the comprehensive care
    26  centers  for  eating   disorders   established   pursuant   to   article
    27  [twenty-seven-J  of  the  public  health law] thirty of this chapter and
    28  licensed treatment professionals,  such  as  physicians,  psychiatrists,
    29  psychologists  and  therapists,  with demonstrated expertise in treating
    30  patients with eating disorders.
    31    § 11. Paragraph 14 of subsection (k) of section 3221 of the  insurance
    32  law,  as added by chapter 114 of the laws of 2004, is amended to read as
    33  follows:
    34    (14) No group or blanket policy delivered or issued  for  delivery  in
    35  this  state  which provides medical, major medical or similar comprehen-
    36  sive-type coverage shall exclude coverage  for  services  covered  under
    37  such  policy  when  provided  by  a comprehensive care center for eating
    38  disorders pursuant to article  [twenty-seven-J  of  the  public  health]
    39  thirty  of the mental hygiene law; provided, however, that reimbursement
    40  under such policy for services provided through such comprehensive  care
    41  centers  shall, to the extent possible and practicable, be structured in
    42  a manner to facilitate the individualized, comprehensive and  integrated
    43  plans of care which such centers' network of practitioners and providers
    44  are required to provide.
    45    §  12.  Subsection (dd) of section 4303 of the insurance law, as added
    46  by chapter 114 of the laws of 2004, is amended to read as follows:
    47    (dd) No health service corporation or medical service  expense  indem-
    48  nity  corporation  which  provides  medical,  major  medical  or similar
    49  comprehensive-type coverage shall exclude coverage for services  covered
    50  under  such  policy  when  provided  by  a comprehensive care center for
    51  eating disorders pursuant  to  article  [twenty-seven-J  of  the  public
    52  health]  thirty  of  the  mental  hygiene  law;  provided, however, that
    53  reimbursement by such corporation for  services  provided  through  such
    54  comprehensive  care  centers shall, to the extent possible and practica-
    55  ble, be structured in a manner to facilitate the individualized, compre-

        S. 7506--B                         179                        A. 9506--B
 
     1  hensive and integrated plans of care  which  such  centers'  network  of
     2  practitioners and providers are required to provide.
     3    §  13. Paragraph 27 of subsection (b) of section 4322 of the insurance
     4  law, as added by chapter 114 of the laws of 2004, is amended to read  as
     5  follows:
     6    (27)  Services covered under such policy when provided by a comprehen-
     7  sive care center for eating disorders pursuant to  article  [twenty-sev-
     8  en-J  of  the public health] thirty of the mental hygiene law; provided,
     9  however, that reimbursement under  such  policy  for  services  provided
    10  through  such  comprehensive  care centers shall, to the extent possible
    11  and practicable, be structured in a manner to facilitate the individual-
    12  ized, comprehensive and integrated plans of  care  which  such  centers'
    13  network of practitioners and providers are required to provide.
    14    § 14. Subdivision 1 of section 154 of the labor law, as added by chap-
    15  ter 675 of the laws of 2007, is amended to read as follows:
    16    1.  The  commissioner, in consultation with the commissioner of health
    17  and the commissioner of mental health, shall establish a child performer
    18  advisory board for  the  purpose  of  recommending  guidelines  for  the
    19  employment  of child performers and models under the age of eighteen and
    20  preventing eating disorders such as anorexia nervosa and bulimia nervosa
    21  amongst such persons. The advisory  board  shall  consist  of  at  least
    22  sixteen  but  no more than twenty members appointed by the commissioner,
    23  and shall include:  representatives  of  professional  organizations  or
    24  unions  representing  child performers or models; employers representing
    25  child performers or models; physicians, nutritionists and mental  health
    26  professionals  with  demonstrated  expertise  in  treating patients with
    27  eating disorders; at least one representative from each of  the  compre-
    28  hensive  care centers for eating disorders established pursuant to arti-
    29  cle [twenty-seven-J of the public health] thirty of the  mental  hygiene
    30  law;  advocacy  organizations working to prevent and treat eating disor-
    31  ders; and other members deemed necessary by the commissioner.  In  addi-
    32  tion,  the commissioner of health and the commissioner of mental health,
    33  or their designees, shall serve on the advisory board.  The  members  of
    34  the  advisory board shall receive no compensation for their services but
    35  shall be reimbursed their actual and necessary expenses incurred in  the
    36  performance of their duties.
    37    §  15.  This  act shall take effect immediately and shall be deemed to
    38  have been in full force and effect on and after April 1, 2020.
 
    39                                   PART BB
 
    40    Section 1. Section 9 of part R of chapter 59  of  the  laws  of  2016,
    41  amending  the  public  health  law and other laws relating to electronic
    42  prescriptions, is amended to read as follows:
    43    § 9. This act shall take effect immediately;  provided  however,  that
    44  sections  one and two of this act shall take effect on the first of June
    45  next succeeding the date on which it shall have become a law  and  shall
    46  expire  and  be  deemed  repealed [four years after such effective date]
    47  June 1, 2023.
    48    § 2. Section 4 of chapter 19 of the laws of 1998, amending the  social
    49  services law relating to limiting the method of payment for prescription
    50  drugs  under the medical assistance program, as amended by section 11 of
    51  part I of chapter 57 of the laws of 2017, is amended to read as follows:
    52    § 4. This act shall take effect 120 days after it shall have become  a
    53  law and shall expire and be deemed repealed March 31, [2020] 2023.

        S. 7506--B                         180                        A. 9506--B
 
     1    §  3.  Paragraph (e-1) of subdivision 12 of section 2808 of the public
     2  health law, as amended by section 12 of part I of chapter 57 of the laws
     3  of 2017, is amended to read as follows:
     4    (e-1) Notwithstanding any inconsistent provision of law or regulation,
     5  the  commissioner  shall  provide,  in  addition to payments established
     6  pursuant to this article prior to application  of  this  section,  addi-
     7  tional  payments  under the medical assistance program pursuant to title
     8  eleven of article five of the social services law for non-state operated
     9  public residential health care facilities, including public  residential
    10  health  care  facilities  located in the county of Nassau, the county of
    11  Westchester and the county of Erie,  but  excluding  public  residential
    12  health  care  facilities  operated by a town or city within a county, in
    13  aggregate annual amounts of up to one hundred fifty million  dollars  in
    14  additional payments for the state fiscal year beginning April first, two
    15  thousand  six  and  for the state fiscal year beginning April first, two
    16  thousand seven and for the state fiscal year beginning April first,  two
    17  thousand eight and of up to three hundred million dollars in such aggre-
    18  gate  annual  additional  payments  for  the state fiscal year beginning
    19  April first, two thousand nine, and for the state fiscal year  beginning
    20  April  first,  two  thousand ten and for the state fiscal year beginning
    21  April first, two thousand eleven, and for the state fiscal years  begin-
    22  ning  April  first,  two  thousand  twelve and April first, two thousand
    23  thirteen, and of up to five hundred million dollars  in  such  aggregate
    24  annual  additional  payments  for the state fiscal years beginning April
    25  first, two thousand fourteen, April  first,  two  thousand  fifteen  and
    26  April  first,  two  thousand  sixteen  and of up to five hundred million
    27  dollars in such aggregate  annual  additional  payments  for  the  state
    28  fiscal years beginning April first, two thousand seventeen, April first,
    29  two thousand eighteen, and April first, two thousand nineteen, and of up
    30  to  five  hundred  million  dollars  in such aggregate annual additional
    31  payments for the state fiscal years beginning April first, two  thousand
    32  twenty, April first, two thousand twenty-one, and April first, two thou-
    33  sand  twenty-two.  The amount allocated to each eligible public residen-
    34  tial health care facility for this period shall be computed  in  accord-
    35  ance with the provisions of paragraph (f) of this subdivision, provided,
    36  however,  that  patient  days  shall  be  utilized  for such computation
    37  reflecting actual reported data for two thousand three and  each  repre-
    38  sentative  succeeding year as applicable, and provided further, however,
    39  that, in consultation with impacted providers, of  the  funds  allocated
    40  for  distribution  in  the  state fiscal year beginning April first, two
    41  thousand thirteen, up to thirty-two million dollars may be allocated  in
    42  accordance with paragraph (f-1) of this subdivision.
    43    §  4.  Section  18  of  chapter  904 of the laws of 1984, amending the
    44  public health law and the social services law  relating  to  encouraging
    45  comprehensive  health  services,  as  amended by section 13 of part I of
    46  chapter 57 of the laws of 2017, is amended to read as follows:
    47    § 18. This act shall take effect  immediately,  except  that  sections
    48  six,  nine, ten and eleven of this act shall take effect on the sixtieth
    49  day after it shall have become a law, sections two, three, four and nine
    50  of this act shall expire and be of no further  force  or  effect  on  or
    51  after  March  31, [2020] 2023, section two of this act shall take effect
    52  on April 1, 1985 or seventy-five days following the  submission  of  the
    53  report  required  by  section  one  of this act, whichever is later, and
    54  sections eleven and thirteen of this act  shall  expire  and  be  of  no
    55  further force or effect on or after March 31, 1988.

        S. 7506--B                         181                        A. 9506--B
 
     1    §  5. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
     2  the public health law relating to allowing for the use of funds  of  the
     3  office  of  professional  medical  conduct for activities of the patient
     4  health information and quality improvement act of 2000,  as  amended  by
     5  section  14  of  part I of chapter 57 of the laws of 2017, is amended to
     6  read as follows:
     7    § 4. This  act  shall  take  effect  immediately;  provided  that  the
     8  provisions  of  section  one of this act shall be deemed to have been in
     9  full force and effect on and after April 1, 2003, and shall expire March
    10  31, [2020] 2023 when upon such date the provisions of such section shall
    11  be deemed repealed.
    12    § 6. Subdivision (o) of section 111 of part H of  chapter  59  of  the
    13  laws  of  2011, amending the public health law relating to the statewide
    14  health information network of New York and the  statewide  planning  and
    15  research cooperative system and general powers and duties, as amended by
    16  section  15  of  part I of chapter 57 of the laws of 2017, is amended to
    17  read as follows:
    18    (o) sections thirty-eight and thirty-eight-a of this act shall  expire
    19  and be deemed repealed March 31, [2020] 2023;
    20    §  7. Section 32 of part A of chapter 58 of the laws of 2008, amending
    21  the elder law and other laws relating to reimbursement to  participating
    22  provider  pharmacies  and  prescription  drug  coverage,  as  amended by
    23  section 16 of part I of chapter 57 of the laws of 2017,  is  amended  to
    24  read as follows:
    25    §  32.  This  act shall take effect immediately and shall be deemed to
    26  have been in full force and effect on and after April 1, 2008;  provided
    27  however,  that  sections  one, six-a, nineteen, twenty, twenty-four, and
    28  twenty-five of this act shall take effect July 1, 2008; provided however
    29  that sections sixteen, seventeen and eighteen of this act  shall  expire
    30  April  1,  [2020]  2023;  provided, however, that the amendments made by
    31  section twenty-eight of this act shall take effect on the same  date  as
    32  section  1  of  chapter  281  of the laws of 2007 takes effect; provided
    33  further, that sections twenty-nine, thirty, and thirty-one of  this  act
    34  shall  take effect October 1, 2008; provided further, that section twen-
    35  ty-seven of this act shall take effect January  1,  2009;  and  provided
    36  further,  that  section  twenty-seven  of  this  act shall expire and be
    37  deemed repealed March 31, [2020] 2023; and provided,  further,  however,
    38  that the amendments to subdivision 1 of section 241 of the education law
    39  made  by section twenty-nine of this act shall not affect the expiration
    40  of such subdivision and shall be deemed to expire therewith and provided
    41  that the amendments to section 272 of the  public  health  law  made  by
    42  section  thirty  of this act shall not affect the repeal of such section
    43  and shall be deemed repealed therewith.
    44    § 8. Subdivision 3 of section 2999-p of  the  public  health  law,  as
    45  amended  by  section  17 of part I of chapter 57 of the laws of 2017, is
    46  amended to read as follows:
    47    3. The commissioner may issue a certificate of authority to an  entity
    48  that  meets conditions for ACO certification as set forth in regulations
    49  made by the commissioner pursuant to section twenty-nine  hundred  nine-
    50  ty-nine-q  of  this  article.  The  commissioner shall not issue any new
    51  certificate under this article after December thirty-first, two thousand
    52  [twenty] twenty-four.
    53    § 9. Subdivision (a) of section 31 of part B of chapter 59 of the laws
    54  of 2016, amending the social services law and  other  laws  relating  to
    55  authorizing  the  commissioner  of health to apply federally established
    56  consumer price index penalties for generic drugs,  and  authorizing  the

        S. 7506--B                         182                        A. 9506--B

     1  commissioner  of  health  to  impose penalties on managed care plans for
     2  reporting late or incorrect encounter data, as amended by section  1  of
     3  part T of chapter 57 of the laws of 2018, is amended to read as follows:
     4    (a)  section  eleven  of  this act shall expire and be deemed repealed
     5  March 31, [2020] 2022;
     6    § 10. Subdivision 1-a of section 60 of part B of  chapter  57  of  the
     7  laws  of  2015, amending the social services law and other laws relating
     8  to supplemental rebates, as added by section 5-b of part T of chapter 57
     9  of the laws of 2018, is amended to read as follows:
    10    1-a. section fifty-two of this act shall expire and be deemed repealed
    11  March 31, [2020] 2025;
    12    § 11. Section 7 of part H of chapter 57 of the laws of 2019,  amending
    13  the  public  health  law  relating  to waiver of certain regulations, 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, [2020]
    18  2021.
    19    § 12. Section 228 of chapter 474 of the laws  of  1996,  amending  the
    20  education  law  and  other laws relating to rates for residential health
    21  care facilities, as amended by chapter  49  of  the  laws  of  2017,  is
    22  amended to read as follows:
    23    §  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
    24  shall mean a downstate region to consist of Kings, New  York,  Richmond,
    25  Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
    26  consist of all other New York state counties. A  certified  home  health
    27  agency  or  long  term  home health care program shall be located in the
    28  same county utilized by the commissioner of health for the establishment
    29  of rates pursuant to article 36 of the public health law.
    30    (b) Certified home health  agency  (CHHA)  shall  mean  such  term  as
    31  defined in section 3602 of the public health law.
    32    (c)  Long  term home health care program (LTHHCP) shall mean such term
    33  as defined in subdivision 8 of section 3602 of the public health law.
    34    (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
    35  ly, located within a region.
    36    (e) Medicaid revenue percentage, for purposes of this  section,  shall
    37  mean  CHHA  and  LTHHCP  revenues  attributable  to services provided to
    38  persons eligible for payments pursuant to title 11 of article 5  of  the
    39  social services law divided by such revenues plus CHHA and LTHHCP reven-
    40  ues attributable to services provided to beneficiaries of Title XVIII of
    41  the federal social security act (medicare).
    42    (f)  Base  period,  for  purposes of this section, shall mean calendar
    43  year 1995.
    44    (g) Target period. For purposes of this section, the 1996 target peri-
    45  od shall mean August 1, 1996 through March 31,  1997,  the  1997  target
    46  period  shall  mean  January 1, 1997 through November 30, 1997, the 1998
    47  target period shall mean January 1, 1998 through November 30, 1998,  the
    48  1999 target period shall mean January 1, 1999 through November 30, 1999,
    49  the  2000  target period shall mean January 1, 2000 through November 30,
    50  2000, the 2001 target period shall mean January 1, 2001 through November
    51  30, 2001, the 2002 target period shall  mean  January  1,  2002  through
    52  November  30,  2002,  the  2003 target period shall mean January 1, 2003
    53  through November 30, 2003, the 2004 target period shall mean January  1,
    54  2004  through  November  30, 2004, and the 2005 target period shall mean
    55  January 1, 2005 through November 30, 2005, the 2006 target period  shall
    56  mean  January  1,  2006  through  November 30, 2006, and the 2007 target

        S. 7506--B                         183                        A. 9506--B
 
     1  period shall mean January 1, 2007 through November 30, 2007 and the 2008
     2  target period shall mean January 1, 2008 through November 30, 2008,  and
     3  the  2009  target period shall mean January 1, 2009 through November 30,
     4  2009  and  the  2010  target  period  shall mean January 1, 2010 through
     5  November 30, 2010 and the 2011 target period shall mean January 1,  2011
     6  through  November 30, 2011 and the 2012 target period shall mean January
     7  1, 2012 through November 30, 2012 and the 2013 target period shall  mean
     8  January  1,  2013  through November 30, 2013, and the 2014 target period
     9  shall mean January 1, 2014 through November 30, 2014 and the 2015 target
    10  period shall mean January 1, 2015 through November 30, 2015 and the 2016
    11  target period shall mean January 1, 2016 through November 30,  2016  and
    12  the  2017  target period shall mean January 1, 2017 through November 30,
    13  2017 and the 2018 target period  shall  mean  January  1,  2018  through
    14  November  30, 2018 and the 2019 target period shall mean January 1, 2019
    15  through November 30, 2019 and the 2020 target period shall mean  January
    16  1, 2020 through November 30, 2020, and the 2021 target period shall mean
    17  January  1,  2021  through  November 30, 2021 and the 2022 target period
    18  shall mean January 1, 2022 through November 30, 2022 and the 2023 target
    19  period shall mean January 1, 2023 through November 30, 2023.
    20    2. (a) Prior to February 1, 1997, for each regional group the  commis-
    21  sioner  of  health shall calculate the 1996 medicaid revenue percentages
    22  for the period commencing August 1, 1996 to the last date for which such
    23  data is available and reasonably accurate.
    24    (b) Prior to February 1, 1998, prior to February  1,  1999,  prior  to
    25  February  1, 2000, prior to February 1, 2001, prior to February 1, 2002,
    26  prior to February 1, 2003, prior to February 1, 2004, prior to  February
    27  1,  2005, prior to February 1, 2006, prior to February 1, 2007, prior to
    28  February 1, 2008, prior to February 1, 2009, prior to February 1,  2010,
    29  prior  to February 1, 2011, prior to February 1, 2012, prior to February
    30  1, 2013, prior to February 1, 2014, prior to February 1, 2015, prior  to
    31  February  1, 2016, prior to February 1, 2017, prior to February 1, 2018,
    32  prior to February 1, 2019, [and] prior to February  1,  2020,  prior  to
    33  February  1,  2021,  prior to February 1, 2022, and prior to February 1,
    34  2023 for each regional group the commissioner of health shall  calculate
    35  the  prior year's medicaid revenue percentages for the period commencing
    36  January 1 through November 30 of such prior year.
    37    3. By September 15, 1996, for each regional group the commissioner  of
    38  health shall calculate the base period medicaid revenue percentage.
    39    4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
    40  percentage shall be calculated by subtracting the 1996 medicaid  revenue
    41  reduction percentages from the base period medicaid revenue percentages.
    42  The  1996  medicaid  revenue  reduction  percentage, taking into account
    43  regional and program differences in utilization of medicaid and medicare
    44  services, for the following regional groups shall be equal to:
    45    (i) one and one-tenth percentage points for CHHAs located  within  the
    46  downstate region;
    47    (ii)  six-tenths  of one percentage point for CHHAs located within the
    48  upstate region;
    49    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    50  in the downstate region; and
    51    (iv) one and seven-tenths percentage points for LTHHCPs located within
    52  the upstate region.
    53    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
    54  2008,  2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019
    55  [and], 2020, 2021, 2022 and 2023 for each  regional  group,  the  target
    56  medicaid  revenue percentage for the respective year shall be calculated

        S. 7506--B                         184                        A. 9506--B
 
     1  by subtracting the respective year's medicaid revenue reduction percent-
     2  age from the base  period  medicaid  revenue  percentage.  The  medicaid
     3  revenue  reduction  percentages  for 1997, 1998, 2000, 2001, 2002, 2003,
     4  2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,
     5  2016, 2017, 2018, 2019 [and], 2020, 2021, 2022  and  2023,  taking  into
     6  account  regional and program differences in utilization of medicaid and
     7  medicare services, for the following regional groups shall be  equal  to
     8  for each such year:
     9    (i)  one  and one-tenth percentage points for CHHAs located within the
    10  downstate region;
    11    (ii) six-tenths of one percentage point for CHHAs located  within  the
    12  upstate region;
    13    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    14  in the downstate region; and
    15    (iv) one and seven-tenths percentage points for LTHHCPs located within
    16  the upstate region.
    17    (c) For each regional group, the 1999 target medicaid revenue percent-
    18  age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
    19  reduction percentage from the base period medicaid  revenue  percentage.
    20  The  1999  medicaid  revenue  reduction percentages, taking into account
    21  regional and program differences in utilization of medicaid and medicare
    22  services, for the following regional groups shall be equal to:
    23    (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
    24  point for CHHAs located within the downstate region;
    25    (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
    26  located within the upstate region;
    27    (iii) one and thirty-five  hundredths  percentage  points  (1.35)  for
    28  LTHHCPs located within the downstate region; and
    29    (iv)  one  and  two hundred seventy-five thousandths percentage points
    30  (1.275) for LTHHCPs located within the upstate region.
    31    5. (a) For each regional group, if the 1996 medicaid revenue  percent-
    32  age  is  not  equal  to  or  less  than the 1996 target medicaid revenue
    33  percentage, the commissioner of health shall compare the  1996  medicaid
    34  revenue  percentage  to  the  1996 target medicaid revenue percentage to
    35  determine the amount of the shortfall which, when divided  by  the  1996
    36  medicaid   revenue  reduction  percentage,  shall  be  called  the  1996
    37  reduction factor. These amounts, expressed as a  percentage,  shall  not
    38  exceed  one  hundred percent. If the 1996 medicaid revenue percentage is
    39  equal to or less than the 1996 target medicaid revenue  percentage,  the
    40  1996 reduction factor shall be zero.
    41    (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
    42  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,  2017,  2018
    43  [and],  2019, 2020, 2021, 2022 and 2023, for each regional group, if the
    44  medicaid revenue percentage for the respective year is not equal  to  or
    45  less  than  the  target  medicaid revenue percentage for such respective
    46  year, the commissioner of health shall compare  such  respective  year's
    47  medicaid  revenue  percentage  to such respective year's target medicaid
    48  revenue percentage to determine the amount of the shortfall which,  when
    49  divided  by the respective year's medicaid revenue reduction percentage,
    50  shall be called the reduction factor for  such  respective  year.  These
    51  amounts,  expressed  as  a  percentage,  shall  not  exceed  one hundred
    52  percent. If the medicaid revenue percentage for  a  particular  year  is
    53  equal  to  or  less than the target medicaid revenue percentage for that
    54  year, the reduction factor for that year shall be zero.

        S. 7506--B                         185                        A. 9506--B
 
     1    6. (a) For each regional group, the 1996  reduction  factor  shall  be
     2  multiplied  by  the following amounts to determine each regional group's
     3  applicable 1996 state share reduction amount:
     4    (i) two million three hundred ninety thousand dollars ($2,390,000) for
     5  CHHAs located within the downstate region;
     6    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
     7  within the upstate region;
     8    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
     9  for LTHHCPs located within the downstate region; and
    10    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
    11  located within the upstate region.
    12    For  each regional group reduction, if the 1996 reduction factor shall
    13  be zero, there shall be no 1996 state share reduction amount.
    14    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
    15  2008,  2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019
    16  [and], 2020, 2021, 2022 and 2023, for each regional group, the reduction
    17  factor for the respective year shall  be  multiplied  by  the  following
    18  amounts  to  determine  each  regional  group's  applicable  state share
    19  reduction amount for such respective year:
    20    (i) two million three hundred ninety thousand dollars ($2,390,000) for
    21  CHHAs located within the downstate region;
    22    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
    23  within the upstate region;
    24    (iii) one million two hundred seventy  thousand  dollars  ($1,270,000)
    25  for LTHHCPs located within the downstate region; and
    26    (iv)  five  hundred  ninety  thousand  dollars  ($590,000) for LTHHCPs
    27  located within the upstate region.
    28    For each regional group reduction,  if  the  reduction  factor  for  a
    29  particular  year  shall be zero, there shall be no state share reduction
    30  amount for such year.
    31    (c) For each regional group, the 1999 reduction factor shall be multi-
    32  plied by the following amounts to determine each regional group's appli-
    33  cable 1999 state share reduction amount:
    34    (i) one million seven hundred ninety-two thousand five hundred dollars
    35  ($1,792,500) for CHHAs located within the downstate region;
    36    (ii) five hundred sixty-two thousand five hundred  dollars  ($562,500)
    37  for CHHAs located within the upstate region;
    38    (iii)  nine hundred fifty-two thousand five hundred dollars ($952,500)
    39  for LTHHCPs located within the downstate region; and
    40    (iv) four hundred forty-two thousand five hundred  dollars  ($442,500)
    41  for LTHHCPs located within the upstate region.
    42    For  each regional group reduction, if the 1999 reduction factor shall
    43  be zero, there shall be no 1999 state share reduction amount.
    44    7. (a) For each regional group, the 1996 state share reduction  amount
    45  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
    46  on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
    47  achieve the 1996 target medicaid revenue  percentage,  calculated  on  a
    48  provider  specific  basis utilizing revenues for this purpose, expressed
    49  as a proportion of the total of each  CHHA's  and  LTHHCP's  failure  to
    50  achieve  the 1996 target medicaid revenue percentage within the applica-
    51  ble regional group. This proportion shall be multiplied by the  applica-
    52  ble  1996 state share reduction amount calculation pursuant to paragraph
    53  (a) of subdivision 6 of this section. This amount shall  be  called  the
    54  1996 provider specific state share reduction amount.
    55    (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
    56  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,

        S. 7506--B                         186                        A. 9506--B
 
     1  2019 [and], 2020, 2021, 2022 and 2023 for each regional group, the state
     2  share reduction amount for the respective year shall be allocated by the
     3  commissioner  of  health  among  CHHAs  and  LTHHCPs on the basis of the
     4  extent  of  each CHHA's and LTHHCP's failure to achieve the target medi-
     5  caid revenue percentage for the applicable year, calculated on a provid-
     6  er specific basis utilizing revenues for this purpose,  expressed  as  a
     7  proportion  of  the total of each CHHA's and LTHHCP's failure to achieve
     8  the target medicaid revenue percentage for the  applicable  year  within
     9  the  applicable  regional  group. This proportion shall be multiplied by
    10  the applicable year's state share reduction amount calculation  pursuant
    11  to  paragraph  (b)  or (c) of subdivision 6 of this section. This amount
    12  shall be called the provider specific state share reduction  amount  for
    13  the applicable year.
    14    8.  (a)  The 1996 provider specific state share reduction amount shall
    15  be due to the state from each CHHA and LTHHCP and may be recouped by the
    16  state by March 31, 1997 in a lump sum amount or  amounts  from  payments
    17  due  to  the  CHHA  and  LTHHCP pursuant to title 11 of article 5 of the
    18  social services law.
    19    (b) The provider specific state share reduction amount for 1997, 1998,
    20  1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
    21  2011,  2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021,
    22  2022 and 2023 respectively, shall be due to the state from each CHHA and
    23  LTHHCP and each year the amount due for such year may be recouped by the
    24  state by March 31 of the following year in a lump sum amount or  amounts
    25  from payments due to the CHHA and LTHHCP pursuant to title 11 of article
    26  5 of the social services law.
    27    9.  CHHAs  and  LTHHCPs shall submit such data and information at such
    28  times as the commissioner of health may require  for  purposes  of  this
    29  section.  The  commissioner of health may use data available from third-
    30  party payors.
    31    10. On or about June 1, 1997, for each regional group the commissioner
    32  of health shall calculate for the period August 1,  1996  through  March
    33  31,  1997  a  medicaid  revenue  percentage, a reduction factor, a state
    34  share reduction amount, and a provider specific  state  share  reduction
    35  amount  in  accordance with the methodology provided in paragraph (a) of
    36  subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
    37  sion 6 and paragraph (a) of subdivision 7 of this section. The  provider
    38  specific state share reduction amount calculated in accordance with this
    39  subdivision  shall be compared to the 1996 provider specific state share
    40  reduction amount calculated in accordance with paragraph (a) of subdivi-
    41  sion 7 of this section. Any amount in excess of the amount determined in
    42  accordance with paragraph (a) of subdivision 7 of this section shall  be
    43  due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
    44  accordance with paragraph (a) of subdivision 8 of this section.  If  the
    45  amount  is  less than the amount determined in accordance with paragraph
    46  (a) of subdivision 7 of this section, the difference shall  be  refunded
    47  to  the  CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
    48  and LTHHCPs shall submit data for the  period  August  1,  1996  through
    49  March 31, 1997 to the commissioner of health by April 15, 1997.
    50    11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
    51  required for purposes of this section:
    52    (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
    53  caid revenue percentage between  the  applicable  base  period  and  the
    54  applicable  target  period  for purposes of the calculations pursuant to
    55  this section; and

        S. 7506--B                         187                        A. 9506--B
 
     1    (b) the commissioner of health shall reduce the current rate  paid  to
     2  such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
     3  article 36 of the public health law by one percent for a  period  begin-
     4  ning on the first day of the calendar month following the applicable due
     5  date  as  established by the commissioner of health and continuing until
     6  the last day of the calendar month in which the required data and infor-
     7  mation are submitted.
     8    12. The commissioner of health shall inform in writing the director of
     9  the budget and the chair of the senate finance committee and  the  chair
    10  of  the  assembly  ways and means committee of the results of the calcu-
    11  lations pursuant to this section.
    12    § 13. Paragraph (f) of subdivision 1 of section 64 of  chapter  81  of
    13  the laws of 1995, amending the public health law and other laws relating
    14  to medical reimbursement and welfare reform, as amended by chapter 49 of
    15  the laws of 2017, is amended to read as follows:
    16    (f)  Prior  to  February  1, 2001, February 1, 2002, February 1, 2003,
    17  February 1, 2004, February 1, 2005, February 1, 2006, February 1,  2007,
    18  February  1, 2008, February 1, 2009, February 1, 2010, February 1, 2011,
    19  February 1, 2012, February 1, 2013, February 1, 2014, February 1,  2015,
    20  February  1,  2016, February 1, 2017, February 1, 2018, February 1, 2019
    21  [and], February 1, 2020, February 1, 2021, February 1, 2022 and February
    22  1, 2023, the commissioner of health shall calculate the  result  of  the
    23  statewide  total  of  residential  health  care  facility  days  of care
    24  provided to beneficiaries of title XVIII of the federal social  security
    25  act  (medicare),  divided  by  the sum of such days of care plus days of
    26  care provided to residents eligible for payments pursuant to title 11 of
    27  article 5 of the social services law minus the number of  days  provided
    28  to  residents receiving hospice care, expressed as a percentage, for the
    29  period commencing January 1, through November  30,  of  the  prior  year
    30  respectively,  based  on  such data for such period. This value shall be
    31  called the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,  2009,
    32  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019 [and], 2020,
    33  2021, 2022 and 2023 statewide target percentage respectively.
    34    §  14.  Subparagraph (ii) of paragraph (b) of subdivision 3 of section
    35  64 of chapter 81 of the laws of 1995, amending the public health law and
    36  other laws relating to medical  reimbursement  and  welfare  reform,  as
    37  amended  by  chapter  49  of  the  laws  of  2017, is amended to read as
    38  follows:
    39    (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
    40  2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
    41  2019 [and], 2020, 2021, 2022 and 2023 statewide target  percentages  are
    42  not  for  each  year  at  least  three percentage points higher than the
    43  statewide base percentage, the commissioner of  health  shall  determine
    44  the percentage by which the statewide target percentage for each year is
    45  not  at  least  three  percentage  points higher than the statewide base
    46  percentage. The percentage calculated pursuant to this  paragraph  shall
    47  be  called  the  1997,  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006,
    48  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,
    49  2019  [and],  2020,  2021,  2022 and 2023 statewide reduction percentage
    50  respectively. If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,
    51  2006,  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,
    52  2018, 2019 [and], 2020, 2021, 2022 and 2023 statewide target  percentage
    53  for  the respective year is at least three percentage points higher than
    54  the statewide base percentage, the statewide  reduction  percentage  for
    55  the respective year shall be zero.

        S. 7506--B                         188                        A. 9506--B
 
     1    §  15. Subparagraph (iii) of paragraph (b) of subdivision 4 of section
     2  64 of chapter 81 of the laws of 1995, amending the public health law and
     3  other laws relating to medical  reimbursement  and  welfare  reform,  as
     4  amended  by  chapter  49  of  the  laws  of  2017, is amended to read as
     5  follows:
     6    (iii)  The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
     7  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019  [and],
     8  2020, 2021, 2022 and 2023 statewide reduction percentage shall be multi-
     9  plied  by  one hundred two million dollars respectively to determine the
    10  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
    11  2011,  2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021,
    12  2022 and 2023 statewide aggregate reduction amount. If the 1998 and  the
    13  2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
    14  2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020,  2021,  2022
    15  and  2023  statewide  reduction  percentage  shall be zero respectively,
    16  there shall be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006,  2007,
    17  2008,  2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019
    18  [and] 2020, 2021, 2022 and 2023 reduction amount.
    19    § 16. Subdivision (i-1) of section 79 of part C of chapter 58  of  the
    20  laws of 2008, amending the social services law and the public health law
    21  relating  to adjustments of rates, as amended by section 5 of chapter 49
    22  of the laws of 2017, is amended to read as follows:
    23    (i-1) section thirty-one-a of this act shall be deemed  repealed  July
    24  1, [2020] 2023;
    25    §  17.  Section  4  of  chapter  495 of the laws of 2004, amending the
    26  insurance law and the public health law relating to the New  York  state
    27  health  insurance  continuation  assistance  demonstration  project,  as
    28  amended by section 1 of part FF of chapter 57 of the laws  of  2019,  is
    29  amended to read as follows:
    30    §  4.  This  act  shall take effect on the sixtieth day after it shall
    31  have become a law; provided, however, that  this  act  shall  remain  in
    32  effect  until  July 1, [2020] 2021 when upon such date the provisions of
    33  this act shall expire and be deemed repealed; provided, further, that  a
    34  displaced  worker shall be eligible for continuation assistance retroac-
    35  tive to July 1, 2004.
    36    § 18. Section 8 of chapter 563 of  the  laws  of  2008,  amending  the
    37  education law and the public health law relating to immunizing agents to
    38  be  administered  to  adults  by pharmacists, as amended by section 3 of
    39  part DD of chapter 57 of the  laws  of  2018,  is  amended  to  read  as
    40  follows:
    41    §  8.  This  act shall take effect on the ninetieth day after it shall
    42  have become a law and shall expire and be deemed repealed July 1, [2020]
    43  2022.
    44    § 19. Section 5 of chapter 116 of  the  laws  of  2012,  amending  the
    45  education  law  relating to authorizing a licensed pharmacist and certi-
    46  fied nurse practitioner to  administer  certain  immunizing  agents,  as
    47  amended  by  section  4 of part DD of chapter 57 of the laws of 2018, is
    48  amended to read as follows:
    49    § 5. This act shall take effect on the ninetieth day  after  it  shall
    50  have  become  a  law, provided, however, that the provisions of sections
    51  one, two and four of this act shall expire and be deemed  repealed  July
    52  1, [2020] 2022 provided, that:
    53    (a)  the  amendments to subdivision 7 of section 6527 of the education
    54  law made by section one of this act shall not affect the repeal of  such
    55  subdivision and shall be deemed to be repealed therewith;

        S. 7506--B                         189                        A. 9506--B
 
     1    (b)  the  amendments to subdivision 7 of section 6909 of the education
     2  law, made by section two of this act shall not affect the repeal of such
     3  subdivision and shall be deemed to be repealed therewith;
     4    (c)  the amendments to subdivision 22 of section 6802 of the education
     5  law made by section three of this act shall not  affect  the  repeal  of
     6  such subdivision and shall be deemed to be repealed therewith; and
     7    (d)  the  amendments  to  section  6801  of  the education law made by
     8  section four of this act shall not affect the expiration of such section
     9  and shall be deemed to expire therewith.
    10    § 20. Section 5 of chapter 21 of the laws of 2011, amending the educa-
    11  tion law relating to authorizing pharmacists  to  perform  collaborative
    12  drug  therapy management with physicians in certain settings, as amended
    13  by section 5 of part DD of chapter 57 of the laws of 2018, is amended to
    14  read as follows:
    15    § 5. This act shall take effect on the one hundred twentieth day after
    16  it shall have become a law, provided, however, that  the  provisions  of
    17  sections  two,  three,  and  four of this act shall expire and be deemed
    18  repealed July 1, [2020] 2022; provided, however, that the amendments  to
    19  subdivision  1  of section 6801 of the education law made by section one
    20  of this act shall be subject to the expiration  and  reversion  of  such
    21  subdivision  pursuant  to  section 8 of chapter 563 of the laws of 2008,
    22  when upon such date the provisions of section one-a of  this  act  shall
    23  take  effect;  provided,  further, that effective immediately, the addi-
    24  tion, amendment and/or repeal of any rule or  regulation  necessary  for
    25  the  implementation of this act on its effective date are authorized and
    26  directed to be made and completed on or before such effective date.
    27    § 21. This act shall take effect immediately and shall  be  deemed  to
    28  have been in full force and effect on and after April 1, 2020.
 
    29                                   PART CC

    30    Section  1.  Paragraphs  56 and 57 of subdivision (b) of schedule I of
    31  section 3306 of the public health law, as added by section 4 of part  BB
    32  of chapter 57 of the laws of 2018, are amended to read as follows:
    33    (56) [3,4-dichloro-N-{(1-dimethylamino)    cyclohexylmethyl}benzamide]
    34  3,4-dichloro-N-{(1-dimethylamino)cyclohexylmethyl}benzamide.  Some trade
    35  or other names: AH-7921.
    36    (57) [N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide  (Acetyl  Fenta-
    37  nyl)]  N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.    Some trade or
    38  other names: Acetyl Fentanyl.
    39    § 2. Subdivision (b) of schedule I  of  section  3306  of  the  public
    40  health  law is amended by adding thirteen new paragraphs 58, 59, 60, 61,
    41  62, 63, 64, 65, 66, 67, 68, 69 and 70 to read as follows:
    42    (58)  N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide.  Other   name:
    43  Butyryl Fentanyl.
    44    (59) N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-phenylp-
    45  ropionamide.  Other name: Beta-Hydroxythiofentanyl.
    46    (60) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide.  Other
    47  name: Furanyl Fentanyl.
    48    (61)  3,4-Dichloro-N-{2-(dimethylamino) cyclohexyl}-N-methylbenzamide.
    49  Other name:  U-47700.
    50    (62) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide.   Other  names:
    51  Acryl Fentanyl or Acryloylfentanyl.
    52    (63)    N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.
    53  Other names:  4-fluoroisobutyryl fentanyl, para-fluoroisobutyryl  fenta-
    54  nyl.

        S. 7506--B                         190                        A. 9506--B
 
     1    (64)     N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide.
     2  Other names: ortho-fluorofentanyl or 2-fluorofentanyl.
     3    (65)   N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carbox-
     4  amide.  Other name: tetrahydrofuranyl fentanyl.
     5    (66) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.  Other
     6  name:  methoxyacetyl fentanyl.
     7    (67) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide.
     8  Other name: cyclopropyl fentanyl.
     9    (68) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide. Other
    10  name: para-fluorobutyrylfentanyl.
    11    (69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetam-
    12  ide. Other name: Ocfentanil.
    13    (70) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine.  Other name: MT-45.
    14    § 3. Subdivision (c) of schedule II of  section  3306  of  the  public
    15  health law is amended by adding a new paragraph 29 to read as follows:
    16    (29) Thiafentanil.
    17    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    18  sion,  section  or  part  of  this act shall be adjudged by any court of
    19  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    20  impair,  or  invalidate  the remainder thereof, but shall be confined in
    21  its operation to the clause, sentence, paragraph,  subdivision,  section
    22  or part thereof directly involved in the controversy in which such judg-
    23  ment shall have been rendered. It is hereby declared to be the intent of
    24  the  legislature  that  this  act  would  have been enacted even if such
    25  invalid provisions had not been included herein.
    26    § 5. This act shall take effect on the ninetieth day  after  it  shall
    27  have become a law.
 
    28                                   PART DD
 
    29    Section  1.  Subdivisions 1 and 4 of section 1119 of the public health
    30  law, as amended by chapter 61 of the laws of 1989, are amended  to  read
    31  as follows:
    32    1.  At  the time of submitting a plan for approval as required by this
    33  article, a filing fee computed at the rate of [twelve dollars and  fifty
    34  cents]  fifty  dollars per lot shall be paid to the department or to the
    35  city, county or part-county  health  district  wherein  such  plans  are
    36  filed.
    37    4.  Notwithstanding any other provision of this title the commissioner
    38  [of health] is empowered to make administrative  arrangements  with  the
    39  commissioner  of  environmental  conservation  for  joint or cooperative
    40  administration of this title and title fifteen of article  seventeen  of
    41  the  environmental  conservation  law,  such  that only one plan must be
    42  filed and only one fee totaling [twenty-five] one  hundred  dollars  per
    43  lot must be paid.
    44    §  2. Subdivision 2 of section 3551 of the public health law, as added
    45  by chapter 378 of the laws of 1990, is amended to read as follows:
    46    2. The department shall license each applicant who submits an applica-
    47  tion on a form prescribed by the commissioner and meets the requirements
    48  of this article and any rules or  regulations  promulgated  pursuant  to
    49  this article, upon payment of a registration fee of [thirty] one hundred
    50  twenty dollars.
    51    §  3. Subdivision 1 of section 3554 of the public health law, as added
    52  by chapter 378 of the laws of 1990, is amended to read as follows:
    53    1. The commissioner shall inspect each tanning facility licensed under
    54  this article and each ultraviolet radiation  device  used,  offered,  or

        S. 7506--B                         191                        A. 9506--B
 
     1  made  available  for use in such facility, not less than biennially. The
     2  commissioner may establish a fee for such inspection,  which  shall  not
     3  exceed  [fifty]  two  hundred  dollars per ultraviolet radiation device;
     4  provided,  however,  that  no facility shall be required to pay any such
     5  fee on more than one occasion in any biennial registration  period.  The
     6  commissioner  may  appoint  and designate, from time to time, persons to
     7  make the inspections authorized by this article.
     8    § 4. Paragraph (a) of subdivision 2 of section 905 of the  labor  law,
     9  as  added  by  chapter  166  of  the laws of 1991, is amended to read as
    10  follows:
    11    (a) The commissioner of health shall assess a  fee  of  no  more  than
    12  [twenty]  fifty  dollars  for  each  asbestos  safety program completion
    13  certificate requested by the training sponsor  for  each  full  asbestos
    14  safety  program  and  a  fee of no more than [twelve] thirty dollars for
    15  each asbestos safety program completion  certificate  requested  by  the
    16  training  sponsor  for  each refresher training asbestos safety program,
    17  provided, however, that in no event shall the cost of such  certificates
    18  be assessed by the sponsor against the participants.
    19    § 5. This act shall take effect immediately.

    20                                   PART EE
 
    21    Section  1.  The  public  health  law  is  amended by adding three new
    22  sections 1399-mm-1, 1399-mm-2, and 1399-mm-3 to read as follows:
    23    § 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes
    24  of this section "flavored" shall mean  any  vapor  product  intended  or
    25  reasonably  expected to be used with or for the consumption of nicotine,
    26  with a distinguishable taste or aroma, other than the taste or aroma  of
    27  tobacco,  imparted either prior to or during consumption of such product
    28  or a component part thereof, including but  not  limited  to  tastes  or
    29  aromas  relating  to any fruit, chocolate, vanilla, honey, candy, cocoa,
    30  dessert, alcoholic beverage, mint, wintergreen, menthol, herb or  spice,
    31  or any concept flavor that imparts a taste or aroma that is distinguish-
    32  able  from  tobacco  flavor  but  may not relate to any particular known
    33  flavor. A vapor product intended or reasonably expected to be used  with
    34  or  for the consumption of nicotine, shall be presumed to be flavored if
    35  a product's retailer, manufacturer, or a manufacturer's agent or employ-
    36  ee has made a statement or claim directed to consumers  or  the  public,
    37  whether  expressed or implied, that such product or device has a distin-
    38  guishable taste or aroma other than the taste or aroma of tobacco.
    39    2. No vapor products dealer, or any  agent  or  employee  of  a  vapor
    40  products dealer, shall sell or offer for sale at retail in the state any
    41  flavored  vapor  product intended or reasonably expected to be used with
    42  or for the consumption of nicotine.
    43    3. Any vapor products dealer, or any agent  or  employee  of  a  vapor
    44  products  dealer,  who  violates the provisions of this section shall be
    45  subject to a civil penalty of not more than one hundred dollars for each
    46  individual package of flavored  vapor  product  intended  or  reasonably
    47  expected  to  be  used  with  or for the consumption of nicotine sold or
    48  offered for sale, provided, however, that with respect to a  manufactur-
    49  er,  it shall be an affirmative defense to a finding of violation pursu-
    50  ant to this section that such sale or  offer  of  sale,  as  applicable,
    51  occurred  without the knowledge, consent, authorization, or involvement,
    52  direct or indirect, of such manufacturer.  Violations  of  this  section
    53  shall be enforced pursuant to section thirteen hundred ninety-nine-ff of

        S. 7506--B                         192                        A. 9506--B
 
     1  this  article,  except  that  any  person  may  submit a complaint to an
     2  enforcement officer that a violation of this section has occurred.
     3    4.  The  provisions  of  this  section  shall  not  apply to any vapor
     4  products dealer, or any agent or employee of a  vapor  products  dealer,
     5  who  sells  or  offers  for  sale, or who possess with intent to sell or
     6  offer for sale,  any  flavored  vapor  product  intended  or  reasonably
     7  expected  to  be  used  with or for the consumption of nicotine that the
     8  U.S. Food and Drug Administration has authorized to  legally  market  as
     9  defined  under 21 U.S.C. § 387j and that has received a premarket review
    10  approval order under 21 U.S.C. § 387j(c) et seq.
    11    § 1399-mm-2. Sale in pharmacies. 1. No tobacco product,  herbal  ciga-
    12  rette,  or vapor product intended or reasonably expected to be used with
    13  or for the consumption of nicotine, shall be sold in a pharmacy or in  a
    14  retail  establishment  that contains a pharmacy operated as a department
    15  as defined by paragraph f of  subdivision  two  of  section  sixty-eight
    16  hundred eight of the education law.  Provided, however, that such prohi-
    17  bition  on  the  sale  of  tobacco products, herbal cigarettes, or vapor
    18  products intended or reasonably expected to be  used  with  or  for  the
    19  consumption of nicotine, shall not apply to any other business that owns
    20  or  leases  premises  within  any  building  or other facility that also
    21  contains a pharmacy or a retail establishment that contains  a  pharmacy
    22  operated as a department as defined by paragraph f of subdivision two of
    23  section sixty-eight hundred eight of the education law.
    24    2.  The  commissioner  shall  have  sole  jurisdiction  to enforce the
    25  provisions of this section. The commissioner shall  have  the  power  to
    26  assess  penalties  in accordance with section twelve of this chapter and
    27  pursuant to a hearing conducted in accordance with section  twelve-a  of
    28  this chapter. Nothing in this section shall be construed to prohibit the
    29  commissioner  from  commencing  a  proceeding  for  injunctive relief to
    30  compel compliance with this section.
    31    § 1399-mm-3. Carrier oils. 1. For the purposes of this section "carri-
    32  er oils" shall mean any  ingredient  of  a  vapor  product  intended  to
    33  control  the consistency or other physical characteristics of such vapor
    34  product, to control the consistency or other physical characteristics of
    35  vapor, or to facilitate the production of vapor when such vapor  product
    36  is used in an electronic cigarette. "Carrier oils" shall not include any
    37  product  approved by the United States food and drug administration as a
    38  drug or medical device or manufactured and dispensed pursuant  to  title
    39  five-A of article thirty-three of this chapter.
    40    2.  The commissioner is authorized to promulgate rules and regulations
    41  governing the sale and distribution of carrier oils that  are  suspected
    42  of  causing  acute  illness  and  have  been identified as a chemical of
    43  concern by the United States centers for disease control and prevention.
    44  Such regulations may, to the extent deemed by the commissioner as neces-
    45  sary for the protection of public health, prohibit or restrict the sell-
    46  ing, offering for sale, possessing with intent to sell, or  distributing
    47  of carrier oils.
    48    3.  The  provisions of this section shall not apply where preempted by
    49  federal law.   Furthermore, the provisions  of  this  section  shall  be
    50  severable, and if any phrase, clause, sentence, or provision is declared
    51  to be invalid, or is preempted by federal law or regulation, the validi-
    52  ty  of  the  remainder of this section shall not be affected thereby. If
    53  any provision of this section is declared  to  be  inapplicable  to  any
    54  specific  category, type, or kind of carrier oil, the provisions of this
    55  section shall nonetheless continue to apply with respect  to  all  other
    56  carrier oils.

        S. 7506--B                         193                        A. 9506--B

     1    §  2.  Section  1399-aa  of the public health law is amended by adding
     2  five new subdivisions 14, 15, 16, 17, and 18 to read as follows:
     3    14.  "Price  reduction  instrument" means any coupon, voucher, rebate,
     4  card, paper, note, form,  statement,  ticket,  image,  or  other  issue,
     5  whether  in  paper,  digital,  or  any  other  form, used for commercial
     6  purposes to receive an article, product, service, or accommodation with-
     7  out charge or at a discounted price.
     8    15. "Listed or non-discounted price" means the price listed for  ciga-
     9  rettes,  tobacco  products,  or  vapor  products  intended or reasonably
    10  expected to be used with or for the consumption of  nicotine,  on  their
    11  packages or any related shelving, posting, advertising or display at the
    12  location  where  the  cigarettes,  tobacco  products,  or vapor products
    13  intended or reasonably expected to be used with or for  the  consumption
    14  of  nicotine,  are  sold  or  offered for sale, including all applicable
    15  taxes.
    16    16. "Retail dealer" means a person licensed  by  the  commissioner  of
    17  taxation  and  finance  to  sell  cigarettes, tobacco products, or vapor
    18  products in this state.
    19    17. "Vapor products" means any noncombustible liquid or  gel,  regard-
    20  less  of  the  presence of nicotine therein, that is manufactured into a
    21  finished product for use  in  an  electronic  cigarette,  including  any
    22  device that contains such noncombustible liquid or gel.  "Vapor product"
    23  shall  not  include  any device, or any component thereof, that does not
    24  contain such noncombustible liquid or gel, or any  product  approved  by
    25  the  United  States  food  and  drug administration as a drug or medical
    26  device, or manufactured and dispensed pursuant to title five-A of  arti-
    27  cle thirty-three of this chapter.
    28    18. "Vapor products dealer" means a person licensed by the commission-
    29  er of taxation and finance to sell vapor products in this state.
    30    § 3. Section 1399-ll of the public health law, as added by chapter 262
    31  of  the  laws of 2000, subdivisions 1 and 5 as amended and subdivision 6
    32  as added by chapter 342 of the laws of  2013,  is  amended  to  read  as
    33  follows:
    34    §  1399-ll.  Unlawful  shipment  or  transport of cigarettes and vapor
    35  products.  1. It shall be unlawful for any person engaged in  the  busi-
    36  ness of selling cigarettes to ship or cause to be shipped any cigarettes
    37  to any person in this state who is not: (a) a person licensed as a ciga-
    38  rette  tax agent or wholesale dealer under article twenty of the tax law
    39  or registered retail dealer under section four hundred eighty-a  of  the
    40  tax  law;  (b)  an export warehouse proprietor pursuant to chapter 52 of
    41  the internal revenue code or an operator of a customs  bonded  warehouse
    42  pursuant  to section 1311 or 1555 of title 19 of the United States Code;
    43  or (c) a person who is an officer,  employee  or  agent  of  the  United
    44  States  government,  this state or a department, agency, instrumentality
    45  or political subdivision of the United States or this state and presents
    46  himself or herself as such, when such person  is  acting  in  accordance
    47  with  his  or  her  official duties. For purposes of this subdivision, a
    48  person is a licensed or registered agent or dealer  described  in  para-
    49  graph  (a)  of  this subdivision if his or her name appears on a list of
    50  licensed or registered agents or dealers published by the department  of
    51  taxation  and finance, or if such person is licensed or registered as an
    52  agent or dealer under article twenty of the tax law.
    53    1-a. It shall be unlawful for any person engaged in  the  business  of
    54  selling vapor products to ship or cause to be shipped any vapor products
    55  intended  or  reasonably expected to be used with or for the consumption
    56  of nicotine to any person in this state who is not: (a)  a  person  that

        S. 7506--B                         194                        A. 9506--B

     1  receives  a certificate of registration as a vapor products dealer under
     2  article twenty eight-C of the tax law; (b) an export warehouse  proprie-
     3  tor  pursuant  to chapter 52 of the internal revenue code or an operator
     4  of  a customs bonded warehouse pursuant to section 1311 or 1555 of title
     5  19 of the United States Code; or (c) a person who is an officer, employ-
     6  ee or agent of the United States government, this state or a department,
     7  agency, instrumentality or political subdivision of the United States or
     8  this state and presents himself or herself as such, when such person  is
     9  acting  in  accordance  with his or her official duties. For purposes of
    10  this subdivision, a person is a licensed or registered agent  or  dealer
    11  described  in  paragraph  (a)  of  this  subdivision  if his or her name
    12  appears on a list of licensed or  registered  agents  or  vapor  product
    13  dealers  published by the department of taxation and finance, or if such
    14  person is licensed or registered as an agent  or  dealer  under  article
    15  twenty eight-C of the tax law.
    16    2. It shall be unlawful for any common or contract carrier to knowing-
    17  ly  transport cigarettes to any person in this state reasonably believed
    18  by such carrier to be other than a person described  in  paragraph  (a),
    19  (b)  or  (c)  of  subdivision  one  of this section. For purposes of the
    20  preceding sentence, if cigarettes are transported to  a  home  or  resi-
    21  dence,  it  shall  be  presumed that the common or contract carrier knew
    22  that such person was not a person described in paragraph (a), (b) or (c)
    23  of subdivision one of this section. It shall be unlawful for  any  other
    24  person  to  knowingly  transport cigarettes to any person in this state,
    25  other than to a person described in paragraph (a), (b) or (c) of  subdi-
    26  vision  one  of  this  section.  Nothing  in  this  subdivision shall be
    27  construed to prohibit a person other than a common or  contract  carrier
    28  from transporting not more than eight hundred cigarettes at any one time
    29  to  any  person  in  this  state. It shall be unlawful for any common or
    30  contract carrier to  knowingly  transport  vapor  products  intended  or
    31  reasonably  expected  to be used with or for the consumption of nicotine
    32  to any person in this state reasonably believed by such  carrier  to  be
    33  other  than  a person described in paragraph (a), (b) or (c) of subdivi-
    34  sion one-a of this section. For purposes of the preceding  sentence,  if
    35  vapor  products  intended  or reasonably expected to be used with or for
    36  the consumption of nicotine are transported to a home or  residence,  it
    37  shall  be  presumed  that  the common or contract carrier knew that such
    38  person was not a person described in paragraph (a), (b) or (c) of subdi-
    39  vision one-a of this section. It shall be unlawful for any other  person
    40  to knowingly transport vapor products intended or reasonably expected to
    41  be  used  with  or for the consumption of nicotine to any person in this
    42  state, other than to a person described in paragraph (a), (b) or (c)  of
    43  subdivision  one  of  this section. Nothing in this subdivision shall be
    44  construed to prohibit a person other than a common or  contract  carrier
    45  from  transporting  vapor  products,  provided  that the amount of vapor
    46  products intended or reasonably expected to be  used  with  or  for  the
    47  consumption  of nicotine shall not exceed the lesser of 500 milliliters,
    48  or a total nicotine content of 3 grams at any one time to any person  in
    49  this state.
    50    3.  When  a person engaged in the business of selling cigarettes ships
    51  or causes to be shipped any cigarettes to  any  person  in  this  state,
    52  other  than  in the cigarette manufacturer's original container or wrap-
    53  ping, the container or wrapping must be plainly and visibly marked  with
    54  the  word "cigarettes". When a person engaged in the business of selling
    55  vapor products ships or causes to be shipped any vapor products intended
    56  or reasonably expected to be used with or for the consumption  of  nico-

        S. 7506--B                         195                        A. 9506--B
 
     1  tine  to  any  person  in  this  state, other than in the vapor products
     2  manufacturer's original container or wrapping, the container or wrapping
     3  must be plainly and visibly marked with the words "vapor products".
     4    4.  Whenever a police officer designated in section 1.20 of the crimi-
     5  nal procedure law or a peace officer designated in subdivision  four  of
     6  section  2.10 of such law, acting pursuant to his or her special duties,
     7  shall discover any cigarettes or vapor products intended  or  reasonably
     8  expected  to  be used with or for the consumption of nicotine which have
     9  been or which are being shipped or  transported  in  violation  of  this
    10  section,  such  person  is  hereby empowered and authorized to seize and
    11  take possession of such cigarettes or vapor products intended or reason-
    12  ably expected to be used with or for the consumption  of  nicotine,  and
    13  such  cigarettes or vapor products intended or reasonably expected to be
    14  used with or for the consumption of  nicotine  shall  be  subject  to  a
    15  forfeiture  action  pursuant  to  the procedures provided for in article
    16  thirteen-A of the civil practice law  and  rules,  as  if  such  article
    17  specifically  provided  for  forfeiture  of cigarettes or vapor products
    18  intended or reasonably expected to be used with or for  the  consumption
    19  of  nicotine seized pursuant to this section as a pre-conviction forfei-
    20  ture crime.
    21    5. Any person who violates the provisions of subdivision  one,  one-a,
    22  or  two of this section shall be guilty of a class A misdemeanor and for
    23  a second or subsequent violation shall be guilty of a class E felony. In
    24  addition to the criminal penalty, any person who violates the provisions
    25  of subdivision one, one-a, two or three of this section shall be subject
    26  to a civil penalty not to  exceed  the  greater  of  (a)  five  thousand
    27  dollars  for  each such violation; [or] (b) one hundred dollars for each
    28  pack of cigarettes shipped, caused  to  be  shipped  or  transported  in
    29  violation of such subdivision; or (c) one hundred dollars for each vapor
    30  product  intended  or  reasonably  expected  to  be used with or for the
    31  consumption of nicotine shipped, caused to be shipped or transported  in
    32  violation of such subdivision.
    33    6.  The  attorney  general  may  bring  an action to recover the civil
    34  penalties provided by subdivision five of  this  section  and  for  such
    35  other  relief  as  may be deemed necessary. In addition, the corporation
    36  counsel of any political subdivision that imposes a tax on cigarettes or
    37  vapor products intended or reasonably expected to used with or  for  the
    38  consumption  of nicotine may bring an action to recover the civil penal-
    39  ties provided by subdivision five of this section  and  for  such  other
    40  relief  as  may  be  deemed  necessary with respect to any cigarettes or
    41  vapor products intended or reasonably expected to be used  with  or  for
    42  the consumption of nicotine shipped, caused to be shipped or transported
    43  in violation of this section to any person located within such political
    44  subdivision.  All  civil  penalties obtained in any such action shall be
    45  retained by the state or political  subdivision  bringing  such  action,
    46  provided that no person shall be required to pay civil penalties to both
    47  the state and a political subdivision with respect to the same violation
    48  of this section.
    49    §  4.  Section 1399-bb of the public health law, as amended by chapter
    50  508 of the laws of 2000, the section heading as amended by chapter 4  of
    51  the  laws of 2018, subdivision 2 as amended by chapter 13 of the laws of
    52  2003, and paragraphs (b), (c), and (f) of subdivision 2 and subdivisions
    53  4 and 5 as amended by chapter 100 of the laws of  2019,  is  amended  to
    54  read as follows:
    55    §  1399-bb.  Distribution of tobacco products, [electronic cigarettes]
    56  vapor products, or herbal cigarettes  without  charge.  1.  No  [person]

        S. 7506--B                         196                        A. 9506--B
 
     1  retail  dealer,  or  any agent or employee of a retail dealer engaged in
     2  the business of selling  or  otherwise  distributing  tobacco  products,
     3  vapor  products  intended  or reasonably expected to be used with or for
     4  the  consumption  of  nicotine,  or  herbal  cigarettes  for  commercial
     5  purposes, or any agent or employee of such [person]  retail  dealer,  or
     6  any  agent  or employee of a retail dealer, shall knowingly, in further-
     7  ance of such business:
     8    (a) distribute without charge any  tobacco  products,  vapor  products
     9  intended  or  reasonably expected to be used with or for the consumption
    10  of nicotine, or herbal cigarettes to any individual, provided  that  the
    11  distribution  of  a  package containing tobacco products, vapor products
    12  intended or reasonably expected to be used with or for  the  consumption
    13  of nicotine, or herbal cigarettes in violation of this subdivision shall
    14  constitute  a  single violation without regard to the number of items in
    15  the package; or
    16    (b) distribute [coupons] price reduction instruments which are redeem-
    17  able  for  tobacco  products,  vapor  products  intended  or  reasonably
    18  expected  to  be used with or for the consumption of nicotine, or herbal
    19  cigarettes to any individual, provided that this subdivision  shall  not
    20  apply  to  coupons  contained in newspapers, magazines or other types of
    21  publications, coupons obtained through the purchase of tobacco products,
    22  vapor products intended or reasonably expected to be used  with  or  for
    23  the  consumption  of  nicotine,  or  herbal  cigarettes  or  obtained at
    24  locations which  sell  tobacco  products,  vapor  products  intended  or
    25  reasonably  expected to be used with or for the consumption of nicotine,
    26  or herbal cigarettes provided that such distribution is  confined  to  a
    27  designated area or to coupons sent through the mail.
    28    1-a.  No retail dealer engaged in the business of selling or otherwise
    29  distributing tobacco products,  herbal  cigarettes,  or  vapor  products
    30  intended  or  reasonably expected to be used with or for the consumption
    31  of nicotine for commercial purposes, or any agent or  employee  of  such
    32  retail dealer, shall knowingly, in furtherance of such business:
    33    (a)  honor  or  accept a price reduction instrument in any transaction
    34  related to the sale of tobacco products,  herbal  cigarettes,  or  vapor
    35  products  intended  or  reasonably  expected  to be used with or for the
    36  consumption of nicotine to a consumer;
    37    (b) sell or offer for sale any tobacco products, herbal cigarettes, or
    38  vapor products intended or reasonably expected to be used  with  or  for
    39  the  consumption  of  nicotine  to  a consumer through any multi-package
    40  discount or otherwise provide to a consumer any tobacco products, herbal
    41  cigarettes, or vapor products intended or reasonably expected to be used
    42  with or for the consumption of nicotine for less than the  listed  price
    43  or non-discounted price in exchange for the purchase of any other tobac-
    44  co products, herbal cigarettes, or vapor products intended or reasonably
    45  expected  to  be  used  with  or for the consumption of nicotine by such
    46  consumer;
    47    (c) sell, offer for sale, or otherwise provide any product other  than
    48  a  tobacco  product,  herbal  cigarette,  or  vapor  product intended or
    49  reasonably expected to be used with or for the consumption  of  nicotine
    50  to  a consumer for less than the listed price or non-discounted price in
    51  exchange for the purchase of a tobacco  product,  herbal  cigarette,  or
    52  vapor product intended or reasonably expected to be used with or for the
    53  consumption of nicotine by such consumer; or
    54    (d)  sell,  offer  for  sale,  or otherwise provide a tobacco product,
    55  herbal cigarette, or vapor product intended or reasonably expected to be

        S. 7506--B                         197                        A. 9506--B
 
     1  used with or for the consumption of nicotine to a consumer for less than
     2  the listed price or non-discounted price.
     3    2. The prohibitions contained in subdivision one of this section shall
     4  not apply to the following locations:
     5    (a)  private  social functions when seating arrangements are under the
     6  control of the sponsor of the function  and  not  the  owner,  operator,
     7  manager or person in charge of such indoor area;
     8    (b)  conventions  and  trade  shows; provided that the distribution is
     9  confined to designated areas generally accessible only to  persons  over
    10  the age of twenty-one;
    11    (c)  events sponsored by tobacco, vapor product intended or reasonably
    12  expected to be used with or for the consumption of nicotine,  or  herbal
    13  cigarette  manufacturers  provided  that the distribution is confined to
    14  designated areas generally accessible only to persons over  the  age  of
    15  twenty-one;
    16    (d)  bars  as  defined  in subdivision one of section thirteen hundred
    17  ninety-nine-n of this chapter;
    18    (e) tobacco businesses as defined  in  subdivision  eight  of  section
    19  thirteen hundred ninety-nine-aa of this article;
    20    (f)  factories  as  defined  in  subdivision  nine of section thirteen
    21  hundred ninety-nine-aa of this article and construction sites;  provided
    22  that the distribution is confined to designated areas generally accessi-
    23  ble only to persons over the age of twenty-one.
    24    3.  No [person] retail dealer shall distribute tobacco products, vapor
    25  products intended or reasonably expected to be  used  with  or  for  the
    26  consumption of nicotine, or herbal cigarettes at the locations set forth
    27  in paragraphs (b), (c) and (f) of subdivision two of this section unless
    28  such person gives five days written notice to the enforcement officer.
    29    4.  No  [person]  retail  dealer engaged in the business of selling or
    30  otherwise distributing electronic cigarettes or vapor products  intended
    31  or  reasonably  expected to be used with or for the consumption of nico-
    32  tine for commercial purposes, or any agent or employee of  such  person,
    33  shall  knowingly,  in  furtherance  of such business, distribute without
    34  charge any electronic cigarettes  to  any  individual  under  twenty-one
    35  years of age.
    36    5.  The distribution of tobacco products, electronic cigarettes, vapor
    37  products intended or reasonably expected to be  used  with  or  for  the
    38  consumption  of  nicotine,  or herbal cigarettes pursuant to subdivision
    39  two of this section or the distribution  without  charge  of  electronic
    40  cigarettes, or vapor products intended or reasonably expected to be used
    41  with  or for the consumption of nicotine, shall be made only to an indi-
    42  vidual who demonstrates, through (a) a driver's license or [other photo-
    43  graphic] non-driver identification card issued by [a  government  entity
    44  or  educational  institution]  the  commissioner  of motor vehicles, the
    45  federal  government,  any  United  States  territory,  commonwealth,  or
    46  possession,  the  District  of  Columbia,  a state government within the
    47  United States, or a provincial government of the dominion of Canada, (b)
    48  a valid passport issued by the United States government or  the  govern-
    49  ment  of  any other country, or (c) an identification card issued by the
    50  armed forces of the United States, indicating that the individual is  at
    51  least  twenty-one years of age. Such identification need not be required
    52  of any individual who reasonably appears  to  be  at  least  twenty-five
    53  years  of age; provided, however, that such appearance shall not consti-
    54  tute a defense in any proceeding alleging the sale of a tobacco product,
    55  electronic cigarette, vapor product intended or reasonably  expected  to
    56  be  used with or for the consumption of nicotine, or herbal cigarette or

        S. 7506--B                         198                        A. 9506--B
 
     1  the distribution without  charge  of  electronic  cigarettes,  or  vapor
     2  products  intended  or  reasonably  expected  to be used with or for the
     3  consumption of nicotine to an individual.
     4    §  5.  The  public health law is amended by adding a new article 17 to
     5  read as follows:
     6                                 ARTICLE 17
     7                         INGREDIENT DISCLOSURES FOR
     8                       VAPOR PRODUCTS AND E-CIGARETTES
     9  Section 1700. Definitions.
    10          1701. Disclosure.
    11          1702. Penalties.
    12    § 1700. Definitions. As used in  this  article,  the  following  terms
    13  shall have the following meanings:
    14    1.  "Vapor  products"  shall  mean  any  vapor  product, as defined by
    15  section thirteen hundred ninety-nine-aa of  this  chapter,  intended  or
    16  reasonably expected to be used with or for the consumption of nicotine.
    17    2. "Electronic cigarette" or "e-cigarette" shall have the same meaning
    18  as defined by section thirteen hundred ninety-nine-aa of this chapter.
    19    3. "Ingredient" shall mean all of the following:
    20    (a)  any intentional additive present in any quantity in a vapor prod-
    21  uct;
    22    (b) a byproduct or contaminant, present in  a  vapor  product  in  any
    23  quantity equal to or greater than one-half of one percent of the content
    24  of such product by weight, or other amount determined by the commission-
    25  er;
    26    (c)  a  byproduct present in a vapor product in any quantity less than
    27  one-half of one percent of  the  content  of  such  product  by  weight,
    28  provided  such  element  or compound has been published as a chemical of
    29  concern on one or more lists identified by the commissioner; and
    30    (d) a contaminant present in a vapor product in a quantity  determined
    31  by the commissioner and less than one-half of one percent of the content
    32  of  such  product  by weight, provided such element or compound has been
    33  published as a chemical of concern on one or more  lists  identified  by
    34  the commissioner.
    35    4. "Intentionally added ingredient" shall mean any element or compound
    36  that  a  manufacturer  has intentionally added to a vapor product at any
    37  point in such product's supply chain, or at  any  point  in  the  supply
    38  chain  of  any raw material or ingredient used to manufacture such prod-
    39  uct.
    40    5. "Byproduct" shall mean any element  or  compound  in  the  finished
    41  vapor  product,  or  in the vapor produced during consumption of a vapor
    42  product, which:   (a) was created or  formed  during  the  manufacturing
    43  process  as an intentional or unintentional consequence of such manufac-
    44  turing process at any point in such product's supply chain,  or  at  any
    45  point  in  the  supply  chain  of any raw material or ingredient used to
    46  manufacture such product; or (b) is created or formed as an  intentional
    47  or unintentional consequence of the use of an e-cigarette or consumption
    48  of  a  vapor product.  "Byproduct" shall include, but is not limited to,
    49  an unreacted raw material, a breakdown product of an intentionally added
    50  ingredient, a breakdown product of any component part of an e-cigarette,
    51  or a derivative of the manufacturing process.
    52    6. "Contaminant" shall mean any element or compound made present in  a
    53  vapor  product as an unintentional consequence of manufacturing. Contam-
    54  inants include, but are not limited to, elements or compounds present in
    55  the environment which were introduced into a product, a raw material, or
    56  a product ingredient as a result of the use of an environmental  medium,

        S. 7506--B                         199                        A. 9506--B
 
     1  such  as naturally occurring water, or other materials used in the manu-
     2  facturing process at any point in a product's supply chain,  or  at  any
     3  point  in  the  supply  chain  of any raw material or ingredient used to
     4  manufacture such product.
     5    7.  "Manufacturer"  shall mean any person, firm, association, partner-
     6  ship,  limited  liability  company,  or  corporation   which   produces,
     7  prepares,  formulates,  or  compounds a vapor product or e-cigarette, or
     8  whose brand name is affixed to such product. In  the  case  of  a  vapor
     9  product  or  e-cigarette imported into the United States, "manufacturer"
    10  shall mean the importer or first domestic distributor of such product if
    11  the entity that manufactures such product or whose brand name is affixed
    12  to such product does not have a presence in the United States.
    13    § 1701. Disclosure. 1. Manufacturers of vapor products or e-cigarettes
    14  distributed, sold, or offered for sale in this state, whether at  retail
    15  or  wholesale,  shall  furnish to the commissioner for public record and
    16  post on such manufacturer's website,  in  a  manner  prescribed  by  the
    17  commissioner  that is readily accessible to the public and machine read-
    18  able, information regarding such products pursuant  to  rules  or  regu-
    19  lations which shall be promulgated by the commissioner.
    20    (a)  For  each  vapor product, the information posted pursuant to this
    21  subdivision shall include, but shall not be limited to:
    22    (i) a list naming each ingredient of such vapor product in  descending
    23  order of predominance by weight in such product, except that ingredients
    24  present  at  a  weight  below  one percent may be listed following other
    25  ingredients without respect to the order of predominance by weight;
    26    (ii) the nature and extent of investigations and research performed by
    27  or for the manufacturer concerning the effects on human health  of  such
    28  product or its ingredients;
    29    (iii)  where  applicable, a statement disclosing that an ingredient of
    30  such product is published as a chemical of concern on one or more  lists
    31  identified by the commissioner; and
    32    (iv)  for each ingredient published as a chemical of concern on one or
    33  more lists identified by the commissioner, an evaluation of  the  avail-
    34  ability  of  potential  alternatives and potential hazards posed by such
    35  alternatives.
    36    (b) For each e-cigarette  the  information  posted  pursuant  to  this
    37  subdivision shall include, but shall not be limited to:
    38    (i)  a list naming any toxic metal, including but not limited to lead,
    39  manganese, nickel, chromium, or zinc, as a constituent  of  any  heating
    40  element included in such e-cigarette;
    41    (ii)  a  list  naming each byproduct that may be introduced into vapor
    42  produced during the normal use of such e-cigarette;
    43    (iii) the nature and extent of investigations and  research  performed
    44  by  or  for  the  manufacturer concerning the effects on human health of
    45  such product or such ingredients;
    46    (iv) where applicable, a statement disclosing that  an  ingredient  is
    47  published  as  a  chemical of concern on one or more lists identified by
    48  the commissioner; and
    49    (v) for each constituent of any heating element identified as a  toxic
    50  metal  and  ingredient published as a chemical of concern on one or more
    51  lists identified by the commissioner, an evaluation of the  availability
    52  of  potential  alternatives and potential hazards posed by such alterna-
    53  tives.
    54    2. Manufacturers shall furnish the information required to  be  posted
    55  pursuant  to subdivision one of this section on or before January first,
    56  two thousand twenty-one, and every two years  thereafter.  In  addition,

        S. 7506--B                         200                        A. 9506--B
 
     1  such  manufacturers  shall furnish such information prior to the sale of
     2  any new vapor product or e-cigarette, when the formulation of a current-
     3  ly disclosed product is changed such that the predominance of the ingre-
     4  dients in such product is changed, when any list of chemicals of concern
     5  identified  by  the  commissioner pursuant to this article is changed to
     6  include an ingredient present in a vapor product or e-cigarette  subject
     7  to  this  article,  or  at  such  other  times as may be required by the
     8  commissioner.
     9    3. The information required to be posted pursuant to  subdivision  one
    10  of this section shall be made available to the public by the commission-
    11  er  and  manufacturers, in accordance with this section, with the excep-
    12  tion of those portions which a manufacturer determines, subject  to  the
    13  approval  of  the commissioner, are related to a proprietary process the
    14  disclosure of which would  compromise  such  manufacturer's  competitive
    15  position.  The  commissioner shall not approve any exceptions under this
    16  subdivision with respect to any ingredient published as  a  chemical  of
    17  concern on one or more lists identified by the commissioner.
    18    §  1702.  Penalties. Notwithstanding any other provision of this chap-
    19  ter, any manufacturer who violates any of  the  provisions  of,  or  who
    20  fails  to perform any duty imposed by, this article or any rule or regu-
    21  lation promulgated thereunder, shall be liable, in the case of  a  first
    22  violation,  for  a civil penalty not to exceed five thousand dollars. In
    23  the case of a second or any subsequent violation, the liability shall be
    24  for a civil penalty not to exceed ten thousand  dollars  for  each  such
    25  violation.
    26    §  6.  Subdivision  2  and  paragraphs (e) and (f) of subdivision 3 of
    27  section 1399-ee of the public health law, as amended by chapter  162  of
    28  the laws of 2002, are amended to read as follows:
    29    2.  If  the  enforcement  officer  determines  after  a hearing that a
    30  violation of this article has occurred, he or she shall impose  a  civil
    31  penalty  of  a  minimum  of three hundred dollars, but not to exceed one
    32  thousand five hundred dollars for a first violation, and  a  minimum  of
    33  [five  hundred]  one thousand dollars, but not to exceed [one] two thou-
    34  sand five hundred  dollars  for  each  subsequent  violation,  unless  a
    35  different penalty is otherwise provided in this article. The enforcement
    36  officer  shall  advise  the  retail dealer that upon the accumulation of
    37  three or more points pursuant to this section the department of taxation
    38  and finance shall suspend the dealer's registration. If the  enforcement
    39  officer  determines  after  a  hearing  that a retail dealer was selling
    40  tobacco products while their registration was suspended  or  permanently
    41  revoked pursuant to subdivision three or four of this section, he or she
    42  shall impose a civil penalty of twenty-five hundred dollars.
    43    (e)  Suspension. If the department determines that a retail dealer has
    44  accumulated three points  or  more,  the  department  shall  direct  the
    45  commissioner  of taxation and finance to suspend such dealer's registra-
    46  tion for [six months] one year. The three points serving  as  the  basis
    47  for  a suspension shall be erased upon the completion of the [six month]
    48  one year penalty.
    49    (f) Surcharge. A two hundred fifty dollar surcharge to be assessed for
    50  every violation will be made available to enforcement officers and shall
    51  be used solely for  compliance  checks  to  be  conducted  to  determine
    52  compliance with this section.
    53    §  7.  Paragraph 1 of subdivision h of section 1607 of the tax law, as
    54  amended by chapter 162 of the laws  of  2002,  is  amended  to  read  as
    55  follows:

        S. 7506--B                         201                        A. 9506--B
 
     1    1.  A license shall be suspended for a period of [six months] one year
     2  upon notification to the division by the commissioner  of  health  of  a
     3  lottery  sales  agent's accumulation of three or more points pursuant to
     4  subdivision three of section  thirteen  hundred  ninety-nine-ee  of  the
     5  public health law.
     6    § 8. Section 1399-hh of the public health law, as added by chapter 433
     7  of the laws of 1997, is amended to read as follows:
     8    §  1399-hh.  Tobacco  and vapor product enforcement.  The commissioner
     9  shall develop, plan and implement a comprehensive program to reduce  the
    10  prevalence  of  tobacco  use,  and vapor product, intended or reasonably
    11  expected to be used with or for the consumption of nicotine, use partic-
    12  ularly among persons less than [eighteen] twenty-one years of age.  This
    13  program shall include, but not be limited to, support for enforcement of
    14  this article [thirteen-F of this chapter].
    15    1.    An  enforcement  officer, as defined in section thirteen hundred
    16  ninety-nine-t of this chapter, may annually, on such dates as  shall  be
    17  fixed  by the commissioner, submit an application for such monies as are
    18  made available for such purpose.  Such application shall be in such form
    19  as prescribed by the commissioner and shall include, but not be  limited
    20  to,  plans  regarding random spot checks, including the number and types
    21  of compliance checks that will be conducted,  and  other  activities  to
    22  determine compliance with this article.  Each such plan shall include an
    23  agreement  to  report  to  the  commissioner: the names and addresses of
    24  tobacco retailers and vendors and vapor products dealers  determined  to
    25  be  unlicensed,  if any; the number of complaints filed against licensed
    26  tobacco retail outlets and vapor products  dealers;  and  the  names  of
    27  tobacco  retailers  and vendors and vapor products dealers who have paid
    28  fines, or have been otherwise penalized, due to enforcement actions.
    29    2.  The commissioner shall distribute such monies as are  made  avail-
    30  able for such purpose to enforcement officers and, in so doing, consider
    31  the  number  of  licensed  vapor  products  dealers and retail locations
    32  registered to sell tobacco  products  within  the  jurisdiction  of  the
    33  enforcement officer and the level of proposed activities.
    34    3.  Monies  made  available  to  enforcement officers pursuant to this
    35  section shall only be used for local tobacco and vapor product, intended
    36  or reasonably expected to be used with or for the consumption  of  nico-
    37  tine, enforcement activities approved by the commissioner.
    38    § 9. Section 1399-jj of the public health law, as amended by chapter 1
    39  of the laws of 1999, is amended to read as follows:
    40    § 1399-jj. Evaluation requirements. 1. The commissioner shall evaluate
    41  the  effectiveness  of  the  efforts  by  state and local governments to
    42  reduce the use of tobacco  products  and  vapor  products,  intended  or
    43  reasonably  expected to be used with or for the consumption of nicotine,
    44  among minors and adults. The  principal  measurements  of  effectiveness
    45  shall  include  negative  attitudes  toward  tobacco and vapor products,
    46  intended or reasonably expected to be used with or for  the  consumption
    47  of  nicotine,  use and reduction of tobacco and vapor products, intended
    48  or reasonably expected to be used with or for the consumption  of  nico-
    49  tine, use among the general population, and given target populations.
    50    2.  The commissioner shall ensure that, to the extent practicable, the
    51  most current research findings regarding mechanisms to reduce and change
    52  attitudes toward tobacco and  vapor  products,  intended  or  reasonably
    53  expected  to  be  used  with or for the consumption of nicotine, use are
    54  used in tobacco and vapor product, intended or reasonably expected to be
    55  used with or for the consumption of nicotine, education programs  admin-
    56  istered by the department.

        S. 7506--B                         202                        A. 9506--B
 
     1    3.  To  diminish  tobacco  and  vapor  product, intended or reasonably
     2  expected to be used with or for the consumption of nicotine,  use  among
     3  minors  and  adults,  the  commissioner shall ensure that, to the extent
     4  practicable, the following is achieved:
     5    The  department  shall conduct an independent evaluation of the state-
     6  wide tobacco use prevention and control program under  section  thirteen
     7  hundred  ninety-nine-ii  of this article. The purpose of this evaluation
     8  is to direct the most efficient allocation of state resources devoted to
     9  tobacco and vapor product, intended or reasonably expected  to  be  used
    10  with  or  for  the  consumption  of nicotine, education and cessation to
    11  accomplish the maximum prevention and reduction  of  tobacco  and  vapor
    12  product,  intended  or  reasonably  expected  to be used with or for the
    13  consumption of nicotine, use among minors and  adults.  Such  evaluation
    14  shall be provided to the governor, the majority leader of the senate and
    15  the  speaker  of the assembly on or before September first, two thousand
    16  one, and annually on or before such date thereafter.  The  comprehensive
    17  evaluation design shall be guided by the following:
    18    (a)  sound  evaluation  principles  including, to the extent feasible,
    19  elements of controlled experimental methods;
    20    (b) an evaluation  of  the  comparative  effectiveness  of  individual
    21  program  designs  which  shall  be used in funding decisions and program
    22  modifications; and
    23    (c) an evaluation of other  programs  identified  by  state  agencies,
    24  local lead agencies, and federal agencies.
    25    §  10.  Section  1399-kk of the public health law, as added by chapter
    26  433 of the laws of 1997, is amended to read as follows:
    27    § 1399-kk.  Annual tobacco and vapor  product  enforcement  reporting.
    28  The  commissioner  shall  submit  to the governor and the legislature an
    29  interim tobacco control report and annual tobacco control reports  which
    30  shall  describe  the  extent  of  the  use of tobacco products and vapor
    31  products, intended or reasonably expected to be used  with  or  for  the
    32  consumption of nicotine, by [minors] those under twenty-one years of age
    33  in  the state and document the progress state and local governments have
    34  made in reducing such use among [minors] those under twenty-one years of
    35  age.
    36    1. The interim tobacco control report. The commissioner  shall  submit
    37  to the governor and the legislature an interim tobacco control report on
    38  or  before  September first, nineteen hundred ninety-eight. Such interim
    39  report shall, to the extent practicable, include the following  informa-
    40  tion on a county by county basis:
    41    (a) number of licensed and registered tobacco retailers and vendors;
    42    (b)  the  names  and  addresses of retailers and vendors who have paid
    43  fines, or have been otherwise penalized, due to enforcement actions;
    44    (c) the number of complaints filed  against  licensed  and  registered
    45  tobacco retailers;
    46    (d)  the  number  of  fires caused or believed to be caused by tobacco
    47  products and deaths and injuries resulting therefrom;
    48    (e) the number and type of compliance checks conducted; and
    49    (f) such other information as the commissioner deems appropriate.
    50    2. The commissioner shall submit to the governor and  the  legislature
    51  an annual tobacco and vapor products, intended or reasonably expected to
    52  be  used  with  or for the consumption of nicotine, control report which
    53  shall describe the extent of the  use  of  tobacco  products  and  vapor
    54  products,  intended  or  reasonably  expected to be used with or for the
    55  consumption of nicotine, by [minors] those under twenty-one years of age
    56  in the state and document the progress state and local governments  have

        S. 7506--B                         203                        A. 9506--B
 
     1  made in reducing such use among [minors] those under twenty-one years of
     2  age.    The  annual  report  shall  be submitted to the governor and the
     3  legislature on or before March thirty-first of each  year  beginning  on
     4  March  thirty-first,  nineteen  hundred ninety-nine.   The annual report
     5  shall, to the extent practicable, include the following information on a
     6  county by county basis:
     7    (a) number of licensed and registered tobacco  retailers  and  vendors
     8  and licensed vapor products dealers;
     9    (b)  the  names  and  addresses of retailers and vendors who have paid
    10  fines, or have been otherwise penalized, due to enforcement actions;
    11    (c) the number of complaints filed  against  licensed  and  registered
    12  tobacco retailers and licensed vapor products dealers;
    13    (d)  the  number  of  fires caused or believed to be caused by tobacco
    14  products and vapor products, intended or reasonably expected to be  used
    15  with or for the consumption of nicotine, and deaths and injuries result-
    16  ing therefrom;
    17    (e) the number and type of compliance checks conducted;
    18    (f)  a  survey  of attitudes and behaviors regarding tobacco use among
    19  [minors] those under twenty-one years of age.  The initial  such  survey
    20  shall be deemed to constitute the baseline survey;
    21    (g)  the  number  of tobacco and vapor product, intended or reasonably
    22  expected to be used with or for the consumption of nicotine,  users  and
    23  estimated  trends  in  tobacco and vapor product, intended or reasonably
    24  expected to be used with or for the consumption of nicotine,  use  among
    25  [minors] those under twenty-one years of age;
    26    (h)  annual tobacco and vapor product, intended or reasonably expected
    27  to be used with or for the consumption of nicotine, sales;
    28    (i) tax revenue collected from the sale of tobacco products and  vapor
    29  products,  intended  or  reasonably  expected to be used with or for the
    30  consumption of nicotine;
    31    (j) the number of licensed tobacco retail outlets and  licensed  vapor
    32  products dealers;
    33    (k) the number of cigarette vending machines;
    34    (l) the number and type of compliance checks;
    35    (m)  the  names  of  entities  that have paid fines due to enforcement
    36  actions; and
    37    (n) the number of complaints filed  against  licensed  tobacco  retail
    38  outlets and licensed vapor products dealers.
    39    The  annual tobacco and vapor product, intended or reasonably expected
    40  to be used with or for  the  consumption  of  nicotine,  control  report
    41  shall, to the extent practicable, include the following information: (a)
    42  tobacco  and  vapor  product, intended or reasonably expected to be used
    43  with or for the consumption of nicotine, control  efforts  sponsored  by
    44  state  government  agencies  including  money  spent to educate [minors]
    45  those under twenty-one years of age on the hazards of tobacco and  vapor
    46  product,  intended  or  reasonably  expected  to be used with or for the
    47  consumption of nicotine, use;
    48    (b) recommendations for improving tobacco and vapor product,  intended
    49  or  reasonably  expected to be used with or for the consumption of nico-
    50  tine, control efforts in the state; and
    51    (c) such other information as the commissioner deems appropriate.
    52    § 11. The public health  law  is  amended  by  adding  a  new  section
    53  1399-ii-1 to read as follows:
    54    § 1399-ii-1. Electronic cigarette and vaping prevention, awareness and
    55  control  program.  The  commissioner  shall, in consultation and collab-
    56  oration with the commissioner of education,  establish  and  develop  an

        S. 7506--B                         204                        A. 9506--B
 
     1  electronic  cigarette  and  vaping  prevention,  control  and  awareness
     2  program within the department. Such program shall be designed to educate
     3  students, parents and school personnel about the health risks associated
     4  with  vapor product use and control measures to reduce the prevalence of
     5  vaping, particularly among persons less than twenty-one  years  of  age.
     6  Such  program shall include, but not be limited to, the creation of age-
     7  appropriate instructional tools and materials that may be  used  by  all
     8  schools, and marketing and advertising materials to discourage electron-
     9  ic cigarette use.
    10    §  12. Section 1399-ii of the public health law, as amended by chapter
    11  256 of the laws of 2019, is amended to read as follows:
    12    § 1399-ii. Tobacco  and  vapor  product  use  prevention  and  control
    13  program.  1.  To improve the health, quality of life, and economic well-
    14  being of all New York state citizens, there is hereby established within
    15  the department a comprehensive statewide tobacco and vapor  product  use
    16  prevention and control program.
    17    2.  The  department  shall  support  tobacco  and  vapor  product  use
    18  prevention and control activities including, but not limited to:
    19    (a) Community programs to prevent and reduce tobacco use through local
    20  involvement and partnerships;
    21    (b) School-based programs to prevent and reduce tobacco use and use of
    22  [electronic cigarettes] vapor products;
    23    (c) Marketing and advertising to discourage tobacco, vapor product and
    24  liquid nicotine use;
    25    (d) [Tobacco] Nicotine cessation programs for youth and adults;
    26    (e) Special projects to reduce the disparities in  smoking  prevalence
    27  among various populations;
    28    (f) Restriction of youth access to tobacco products[, electronic ciga-
    29  rettes] and [liquid nicotine] vapor products;
    30    (g) Surveillance of smoking and vaping rates; and
    31    (h)  Any  other activities determined by the commissioner to be neces-
    32  sary to implement the provisions of this section.
    33    Such programs shall be selected by the commissioner through an  appli-
    34  cation process which takes into account whether a program utilizes meth-
    35  ods  recognized  as effective in reducing [smoking and tobacco] nicotine
    36  use. Eligible applicants may include, but not be limited  to,  a  health
    37  care  provider,  schools, a college or university, a local public health
    38  department, a public health organization, a health care provider  organ-
    39  ization,  association  or  society,  municipal corporation, or a profes-
    40  sional education organization.
    41    3. (a) There shall be established a tobacco use prevention and control
    42  advisory board to advise the commissioner on tobacco use prevention  and
    43  control  issues  and  [electronic  cigarette  and liquid nicotine] vapor
    44  product use amongst [minors] persons less than twenty-one years of  age,
    45  including methods to prevent and reduce tobacco use in the state.
    46    (b)  The  board  shall  consist  of  seventeen  members  who  shall be
    47  appointed as follows: nine members by the governor; three members by the
    48  speaker of the assembly; three members by the temporary president of the
    49  senate and one member each by the minority  leader  of  the  senate  and
    50  minority  leader  of the assembly. Any vacancy or subsequent appointment
    51  shall be filled in the same manner and by the same appointing  authority
    52  as  the  original  appointment.  The  chairperson  of the board shall be
    53  designated by the governor from among the members of the board.
    54    (c) The members shall serve for terms of two years commencing  on  the
    55  effective  date  of  this section. Members of the board shall receive no

        S. 7506--B                         205                        A. 9506--B
 
     1  compensation but shall be reimbursed for  reasonable  travel  and  other
     2  expenses incurred in the performance of their duties hereunder.
     3    (d)  The  board shall meet as often as it deems necessary, but no less
     4  than four times a year. No nominee to the board shall have any  past  or
     5  current  affiliation  with the tobacco industry, vapor products industry
     6  or any industry, contractor, agent, or organization that engages in  the
     7  manufacturing, marketing, distributing, or sale of tobacco products. The
     8  board  shall  be  appointed  in full within ninety days of the effective
     9  date of this section.
    10    (e) The department shall prepare and submit to the  board  a  spending
    11  plan  for  the  tobacco  and  vapor  product  use prevention and control
    12  program authorized pursuant to the provisions of subdivision one of this
    13  section no later than thirty days after the submission of the budget  to
    14  the legislature.
    15    §  13.  The  public  health  law  is  amended  by adding a new section
    16  1399-dd-1 to read as follows:
    17    § 1399-dd-1. Public display of tobacco product  and  electronic  ciga-
    18  rette  advertisements  and  smoking  paraphernalia  prohibited.  1.  For
    19  purposes of this section:
    20    (a)  "Advertisement"  means  words,  pictures,  photographs,  symbols,
    21  graphics or visual images of any kind, or any combination thereof, which
    22  bear a health warning required by federal statute, the purpose or effect
    23  of  which  is to identify a brand of a tobacco product, electronic ciga-
    24  rette, or vapor product intended or reasonably expected to be used  with
    25  or  for  the  consumption of nicotine, a trademark of a tobacco product,
    26  electronic cigarette, or vapor product intended or  reasonably  expected
    27  to be used with or for the consumption of nicotine or a trade name asso-
    28  ciated  exclusively  with  a  tobacco  product, electronic cigarette, or
    29  vapor product intended or reasonably expected to be used with or for the
    30  consumption of nicotine or to promote the use or sale of a tobacco prod-
    31  uct, electronic cigarette,  or  vapor  product  intended  or  reasonably
    32  expected to be used with or for the consumption of nicotine.
    33    (b)  "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
    34  ing papers, electronic cigarette, vaporizer or any other device,  equip-
    35  ment or apparatus designed for the inhalation of tobacco or nicotine.
    36    (c)  "Vapor  product"  means  any vapor product, as defined by section
    37  thirteen hundred ninety-nine-aa of this article, intended or  reasonably
    38  expected to be used with or for the consumption of nicotine.
    39    (d)  "Tobacco  products" shall have the same meaning as in subdivision
    40  five of section thirteen hundred ninety-nine-aa of this article.
    41    (e) "Electronic cigarette" shall have the same meaning as in  subdivi-
    42  sion  thirteen  of section thirteen hundred ninety-nine-aa of this arti-
    43  cle.
    44    2. (a) No person, corporation, partnership, sole  proprietor,  limited
    45  partnership,  association  or any other business entity may place, cause
    46  to be placed, maintain or to cause to be maintained,  smoking  parapher-
    47  nalia  or  tobacco  product,  electronic  cigarette,  or  vapor  product
    48  intended or reasonably expected to be used with or for  the  consumption
    49  of  nicotine  advertisements  in a store front or exterior window or any
    50  door which is used for entry or egress by the public to the building  or
    51  structure  containing  a  place  of  business  within  one thousand five
    52  hundred feet of a school, provided that within New York city such prohi-
    53  bitions shall only apply within five hundred feet of a school.
    54    (b) Any person, corporation,  partnership,  sole  proprietor,  limited
    55  partnership,  association  or  any other business entity in violation of
    56  this section shall be subject to a civil penalty of not more  than  five

        S. 7506--B                         206                        A. 9506--B
 
     1  hundred  dollars  for  a  first violation and not more than one thousand
     2  dollars for a second or subsequent violation.
     3    §  14.  The  general  business  law is amended by adding a new section
     4  396-aaa to read as follows:
     5    § 396-aaa. Public display of tobacco and electronic  cigarette  adver-
     6  tisements  and smoking paraphernalia prohibited. 1. For purposes of this
     7  section:
     8    (a)  "Advertisement"  means  words,  pictures,  photographs,  symbols,
     9  graphics or visual images of any kind, or any combination thereof, which
    10  bear a health warning required by federal statute, the purpose or effect
    11  of  which  is to identify a brand of a tobacco product, electronic ciga-
    12  rette, or vapor product intended or reasonably expected to be used  with
    13  or  for  the  consumption of nicotine, a trademark of a tobacco product,
    14  electronic cigarette, or vapor product intended or  reasonably  expected
    15  to be used with or for the consumption of nicotine or a trade name asso-
    16  ciated  exclusively  with  a  tobacco  product, electronic cigarette, or
    17  vapor product intended or reasonably expected to be used with or for the
    18  consumption of nicotine, or to promote the use  or  sale  of  a  tobacco
    19  product,  electronic  cigarette, or vapor product intended or reasonably
    20  expected to be used with or for the consumption of nicotine.
    21    (b) "Smoking paraphernalia" means any pipe, water pipe, hookah,  roll-
    22  ing  papers, electronic cigarette, vaporizer or any other device, equip-
    23  ment or apparatus designed for the inhalation of tobacco or nicotine.
    24    (c) "Vapor product" means any vapor product,  as  defined  by  section
    25  thirteen  hundred  ninety-nine-aa  of the public health law, intended or
    26  reasonably expected to be used with or for the consumption of nicotine.
    27    (d) "Tobacco products" shall have the same meaning as  in  subdivision
    28  five  of  section  thirteen  hundred ninety-nine-aa of the public health
    29  law.
    30    (e) "Electronic cigarette" shall have the same meaning as in  subdivi-
    31  sion  thirteen  of section thirteen hundred ninety-nine-aa of the public
    32  health law.
    33    2. (a) No person, corporation, partnership, sole  proprietor,  limited
    34  partnership,  association  or any other business entity may place, cause
    35  to be placed, maintain or to cause to be maintained,  smoking  parapher-
    36  nalia  or  tobacco  product,  electronic  cigarette,  or  vapor  product
    37  intended or reasonably expected to be used with or for  the  consumption
    38  of  nicotine,  advertisements in a store front or any exterior window or
    39  any door which is used for entry or egress by the public to the building
    40  or structure containing a place of business  within  one  thousand  five
    41  hundred feet of a school, provided that within New York city such prohi-
    42  bitions shall only apply within five hundred feet of a school.
    43    (b)  Any  person,  corporation,  partnership, sole proprietor, limited
    44  partnership, association or any other business entity  in  violation  of
    45  this  section  shall be subject to a civil penalty of not more than five
    46  hundred dollars for a first violation and not  more  than  one  thousand
    47  dollars for a second or subsequent violation.
    48    §  15.  If any clause, sentence, paragraph, subdivision, or section of
    49  this part shall be adjudged by any court of competent jurisdiction to be
    50  invalid, such judgment shall  not  affect,  impair,  or  invalidate  the
    51  remainder thereof, but shall be confined in its operation to the clause,
    52  sentence,  paragraph,  subdivision, or section thereof directly involved
    53  in the controversy in which such judgment shall have been  rendered.  It
    54  is  hereby  declared  to  be the intent of the legislature that this act
    55  would have been enacted even if such invalid  provisions  had  not  been
    56  included herein.

        S. 7506--B                         207                        A. 9506--B
 
     1    § 16. This act shall take effect July 1, 2020; provided, however, that
     2  section  one  of this act shall take effect on the forty-fifth day after
     3  it shall have become a law. Effective immediately, the addition,  amend-
     4  ment and/or repeal of any rule or regulation necessary for the implemen-
     5  tation  of  this act on its effective date are authorized to be made and
     6  completed on or before such effective date.
 
     7                                   PART FF
 
     8    Section 1. Subdivision 1 of section 356 of the public health  law,  as
     9  amended  by  chapter  163  of  the  laws  of 1975, is amended to read as
    10  follows:
    11    1. The legislative body of each county having  a  population  of  less
    12  than one hundred fifty thousand according to the nineteen hundred seven-
    13  ty  federal decennial census or the legislative body of any county whose
    14  population shall be less than  one  hundred  fifty  thousand  under  any
    15  future  federal  decennial  census, except a county in which a county or
    16  part-county health district has been established under this article or a
    17  county having a county charter, optional or alternative form of  govern-
    18  ment, shall constitute the board of health of such county and shall have
    19  all the powers and duties of a board of health of a county or part-coun-
    20  ty  health  district including the power to appoint a full-time or part-
    21  time county health director.  The county health director  may  serve  as
    22  director  of  the [physically handicapped children's] children and youth
    23  with special health care needs support services program and  may  employ
    24  such  persons  as  shall  be necessary to enable [him] the county health
    25  director to carry into effect the orders and regulations of the board of
    26  health and the provisions of this chapter and of the sanitary code,  and
    27  fix  their compensation within the limits of the appropriation therefor.
    28  The members of a [legsiative] legislative body shall not  receive  addi-
    29  tional  compensation  by  reason  of  serving  as  members of a board of
    30  health. The county health director, so appointed,  shall  have  all  the
    31  powers  and duties prescribed in section three hundred fifty-two of this
    32  [article] title.
    33    § 2. The section heading and subdivisions 1 and 2 of  section  608  of
    34  the  public health law, as added by chapter 901 of the laws of 1986, are
    35  amended to read as follows:
    36    State aid; [physically handicapped children] children and  youth  with
    37  special health care needs support services.  1. Whenever the commission-
    38  er of health of any county or part-county health district or, in a coun-
    39  ty lacking a county or part-county health district, the medical director
    40  of  the  [physically  handicapped  children's]  children  and youth with
    41  special health care needs support services program, or the department of
    42  health of the city of New York,  issues  an  authorization  for  medical
    43  service for a [physically handicapped] child with physical disabilities,
    44  such  county  or  the  city of New York shall be granted state aid in an
    45  amount of fifty per centum of the amount expended in accordance with the
    46  rules and regulations established by the commissioner, except that  such
    47  state  aid  reimbursement  may be withheld if, on post-audit and review,
    48  the commissioner finds that the medical service rendered  and  furnished
    49  was  not  in  conformance  with a plan submitted by the municipality and
    50  with the rules and regulations established by the commissioner  or  that
    51  the  recipient of the medical service was not a [physically handicapped]
    52  child with a physical disability as defined in section two thousand five
    53  hundred eighty-one of this chapter.

        S. 7506--B                         208                        A. 9506--B
 
     1    2. Whenever a court of any county issues an order for medical services
     2  for  any  [physically  handicapped]  Indian  child   with   a   physical
     3  disability,  residing  on  an  Indian  reservation, such county shall be
     4  granted state aid in the amount of one hundred  percent  of  the  amount
     5  expended in accordance with the standards established by the commission-
     6  er.  Such reimbursement shall be made from any funds appropriated to the
     7  department for payment of state aid for [care of physically handicapped]
     8  children with physical disabilities.
     9    § 3. Subdivision 10 of section 2511  of  the  public  health  law,  as
    10  amended by chapter 2 of the laws of 1998, is amended to read as follows:
    11    10.  Notwithstanding  any  other law or agreement to the contrary, and
    12  except in the case of a child or children who also becomes eligible  for
    13  medical  assistance,  benefits  under  this  title  shall  be considered
    14  secondary to any other plan of insurance or benefit program, except  the
    15  [physically  handicapped  children's]  children  and  youth with special
    16  health care needs support services program and  the  early  intervention
    17  program, under which an eligible child may have coverage.
    18    § 4. This act shall take effect immediately.
 
    19                                   PART GG

    20    Section  1.  Paragraph  (e)  of  subdivision 7 of section 367-a of the
    21  social services law, as amended by section 5-a of part T of  chapter  57
    22  of the laws of 2018, is amended to read as follows:
    23    (e)  During  the period from April first, two thousand fifteen through
    24  March thirty-first, two thousand [twenty] twenty-three, the commissioner
    25  may, in lieu of a managed care provider  or  pharmacy  benefit  manager,
    26  negotiate  directly  and  enter  into  an [agreement] arrangement with a
    27  pharmaceutical manufacturer for the provision  of  supplemental  rebates
    28  relating  to  pharmaceutical  utilization  by  enrollees of managed care
    29  providers pursuant to section three hundred sixty-four-j of  this  title
    30  and  may also negotiate directly and enter into such an agreement relat-
    31  ing to pharmaceutical utilization by medical assistance  recipients  not
    32  so  enrolled.  Such  [rebates]  rebate  arrangements shall be limited to
    33  [drug utilization in] the following [classes]: antiretrovirals  approved
    34  by the FDA for the treatment of HIV/AIDS [and], opioid dependence agents
    35  and  opioid  antagonists  listed  in  a  statewide formulary established
    36  pursuant to subparagraph (vii) of this paragraph,  hepatitis  C  agents,
    37  high  cost  drugs  as  provided for in subparagraph (viii) of this para-
    38  graph, gene therapies as provided for in subparagraph (ix) of this para-
    39  graph, and any other class or drug designated by  the  commissioner  for
    40  which the pharmaceutical manufacturer has in effect a rebate [agreement]
    41  arrangement  with  the  federal  secretary  of health and human services
    42  pursuant to 42 U.S.C. § 1396r-8, and for which the state has established
    43  standard clinical criteria. No agreement entered into pursuant  to  this
    44  paragraph  shall  have an initial term or be extended beyond the expira-
    45  tion or repeal of this paragraph.
    46    (i) The manufacturer shall not [pay  supplemental  rebates  to]  enter
    47  into  any  rebate arrangements with a managed care provider, or any of a
    48  managed care provider's agents, including but not limited to any pharma-
    49  cy benefit manager on the [two] gene therapy, drug, or drug classes  [of
    50  drugs]  subject  to this paragraph when the state [is collecting supple-
    51  mental rebates] has a rebate arrangement in place and standard  clinical
    52  criteria are imposed on the managed care provider.
    53    (ii)  The commissioner shall establish adequate rates of reimbursement
    54  which shall take into account both the impact of the commissioner  nego-

        S. 7506--B                         209                        A. 9506--B
 
     1  tiating  such  [rebates] arrangements and any limitations imposed on the
     2  managed care provider's ability to establish clinical criteria  relating
     3  to the utilization of such drugs. In developing the managed care provid-
     4  er's  reimbursement  rate, the commissioner shall identify the amount of
     5  reimbursement for such drugs as a separate and distinct  component  from
     6  the reimbursement otherwise made for prescription drugs as prescribed by
     7  this section.
     8    (iii)  The  commissioner shall submit a report to the temporary presi-
     9  dent of the senate and the speaker of the assembly annually by  December
    10  thirty-first.  The report shall analyze the adequacy of rates to managed
    11  care providers for drug expenditures related to the classes  under  this
    12  paragraph.
    13    (iv) Nothing in this paragraph shall be construed to require a pharma-
    14  ceutical  manufacturer  to  enter  into a [supplemental rebate agreement
    15  with the commissioner] rebate arrangement satisfactory  to  the  commis-
    16  sioner  relating  to  pharmaceutical utilization by enrollees of managed
    17  care providers pursuant to section three hundred  sixty-four-j  of  this
    18  title  or  relating  to pharmaceutical utilization by medical assistance
    19  recipients not so enrolled.
    20    (v) All clinical criteria, including requirements for prior  approval,
    21  and  all  utilization  review determinations established by the state as
    22  described in this paragraph for [either of] the [drug]  gene  therapies,
    23  drugs,  or  drug  classes  subject  to this paragraph shall be developed
    24  using evidence-based  and  peer-reviewed  clinical  review  criteria  in
    25  accordance with article two-A of the public health law, as applicable.
    26    (vi)  All  prior  authorization  and utilization review determinations
    27  related to the coverage of any drug subject to this paragraph  shall  be
    28  subject  to  article  forty-nine of the public health law, section three
    29  hundred sixty-four-j of this title, and article forty-nine of the insur-
    30  ance law, as applicable. Nothing in this paragraph  shall  diminish  any
    31  rights  relating  to  access, prior authorization, or appeal relating to
    32  any drug class or drug afforded to a recipient under any other provision
    33  of law.
    34    (vii) The department shall publish a  statewide  formulary  of  opioid
    35  dependence  agents  and  opioid  antagonists,  which  shall  include  as
    36  "preferred drugs" all drugs in such classes,  which  shall  include  all
    37  subclasses  of  a given drug that have a different pharmacological route
    38  of administration, provided that:
    39    (A) for all drugs that are included as of the date of the enactment of
    40  this subparagraph on a formulary of a managed care provider, as  defined
    41  in  section three hundred sixty-four-j of this title, or in the Medicaid
    42  fee-for-service preferred drug program pursuant to section  two  hundred
    43  seventy-two  of  the  public  health law, the cost to the department for
    44  such drug is equal to or less than the lowest cost paid for the drug  by
    45  any  managed  care  provider  or by the Medicaid fee-for-service program
    46  after the application of any rebates, as of the date that the department
    47  implements the statewide formulary  established  by  this  subparagraph.
    48  Where  there  is  a generic version of the drug approved by the Food and
    49  Drug Administration as bioequivalent to a brand name drug pursuant to 21
    50  U.S.C. § 355(j)(8)(B), the cost to the  department  for  the  brand  and
    51  generic  versions  shall  be  equal to or less than the lower of the two
    52  maximum costs determined pursuant to the previous sentence; and
    53    (B) for all drugs that are not included as of the date of  the  enact-
    54  ment  of this subparagraph on a formulary of a managed care provider, as
    55  defined in section three hundred sixty-four-j of this title, or  in  the
    56  Medicaid  fee-for-service preferred drug program pursuant to section two

        S. 7506--B                         210                        A. 9506--B
 
     1  hundred seventy-two of the public health law, the department is able  to
     2  obtain  the drug at a cost that is equal to or less than the lowest cost
     3  to the department of other comparable drugs  in  the  class,  after  the
     4  application of any rebates. Where there is a generic version of the drug
     5  approved by the Food and Drug Administration as bioequivalent to a brand
     6  name  drug pursuant to 21 U.S.C. § 355(j)(8)(B), the cost to the depart-
     7  ment for the brand and generic versions shall be equal to or  less  than
     8  the  lower  of the two maximum costs determined pursuant to the previous
     9  sentence.
    10    (viii) The commissioner may identify and refer  high  cost  drugs,  as
    11  defined  in clause (D) of this subparagraph, that are not included as of
    12  the date of the enactment of this  subparagraph  on  a  formulary  of  a
    13  managed  care  provider  or  covered  by the Medicaid fee for service of
    14  program to the drug utilization  review  board  established  by  section
    15  three  hundred  sixty-nine-bb of this article for a recommendation as to
    16  whether a target supplemental Medicaid rebate  should  be  paid  by  the
    17  manufacturer  of the drug to the department and the target amount of the
    18  rebate.
    19    (A) If the commissioner intends to refer a high cost drug to the  drug
    20  utilization review board pursuant to this subparagraph, the commissioner
    21  shall  notify  the  manufacturer of such drug and shall attempt to reach
    22  agreement with the manufacturer on a rebate arrangement satisfactory  to
    23  the  commissioner  for  the drug prior to referring the drug to the drug
    24  utilization review board for review. Such arrangement may  be  based  on
    25  evidence  based  research,  including, but not limited to, such research
    26  operated or conducted by or for other  state  governments,  the  federal
    27  government,  the governments of other nations, and third party payers or
    28  multi-state coalitions,  provided  however  that  the  department  shall
    29  account for the effectiveness of the drug in treating the conditions for
    30  which  it  is  prescribed or in improving a patient's health, quality of
    31  life, or overall health outcomes, and the likelihood  that  use  of  the
    32  drug will reduce the need for other medical care, including hospitaliza-
    33  tion.
    34    (B)  In  the  event  that  the  commissioner and the manufacturer have
    35  previously agreed to a rebate arrangement for a drug  pursuant  to  this
    36  paragraph, the drug shall not be referred to the drug utilization review
    37  board  for any further rebate agreement for the duration of the previous
    38  rebate agreement, provided however, the commissioner may refer a drug to
    39  the drug utilization review board if the commissioner  determines  there
    40  are  significant  and  substantiated  utilization or market changes, new
    41  evidence-based research, or statutory or federal regulatory changes that
    42  warrant additional rebates. In such cases, the department  shall  notify
    43  the  manufacturer  and  provide evidence of the changes or research that
    44  would warrant additional rebates, and shall attempt to  reach  agreement
    45  with  the  manufacturer  on a rebate for the drug prior to referring the
    46  drug to the drug utilization review board for review.
    47    (C) If the commissioner is unsuccessful  in  entering  into  a  rebate
    48  arrangement  with  the  manufacturer  of  the  drug  satisfactory to the
    49  department, the drug manufacturer shall in that  event  be  required  to
    50  provide to the department, on a standard reporting form developed by the
    51  department,  the  information as described in subdivision six of section
    52  two hundred eighty of the public health law.  All information  disclosed
    53  pursuant  to  this clause shall be considered confidential and shall not
    54  be disclosed by the department in a  form  that  identifies  a  specific
    55  manufacturer or prices charged for drugs by such manufacturer.

        S. 7506--B                         211                        A. 9506--B
 
     1    (D)  For  the purposes of this subparagraph, the term "high cost drug"
     2  shall mean a brand name drug or biologic that  has  a  launch  wholesale
     3  acquisition  cost  of thirty thousand dollars or more per year or course
     4  of treatment, or a biosimilar drug that has a launch wholesale  acquisi-
     5  tion cost that is not at least fifteen percent lower than the referenced
     6  brand biologic at the time the biosimilar is launched, or a generic drug
     7  that has a wholesale acquisition cost of one hundred dollars or more for
     8  a  thirty  day supply or recommended dosage approved for labeling by the
     9  federal Food and Drug Administration, or a brand name drug  or  biologic
    10  that has a wholesale acquisition cost increase of three thousand dollars
    11  or  more in any twelve-month period, or course of treatment if less than
    12  twelve months.
    13    (ix) For purposes of this paragraph, a "gene therapy" is  a  drug  (A)
    14  approved  under  section 505 of the Federal Food, Drug and Cosmetics Act
    15  or licensed under subsection (a) or (k) of section  351  of  the  Public
    16  Health  Services  Act;  (B)  that treats a rare disease or condition, as
    17  defined in 21 USC § 360bb(a)(2), that is life-threatening, as defined in
    18  42 CFR 321.18; (C) is considered a gene therapy by the federal Food  and
    19  Drug  Administration  for  which  a biologics license pursuant to 21 CFR
    20  600-680 is held; (D) if administered in accordance with the labeling  of
    21  such  drug,  is expected to result in either the cure of such disease or
    22  condition or a reduction in the symptoms of such  disease  or  condition
    23  that  materially  improves  the patient's length or quality of life; and
    24  (E) is expected to achieve the result described in clause  (D)  of  this
    25  subparagraph after not more than three administrations.
    26    §  2.  Paragraph  (a)  of  subdivision  3 of section 273 of the public
    27  health law, as added by section 10 of part C of chapter 58 of  the  laws
    28  of  2005,  is  amended  and  a  new  paragraph (a-1) is added to read as
    29  follows:
    30    (a) When a patient's health care provider  prescribes  a  prescription
    31  drug  that  is not on the preferred drug list or the statewide formulary
    32  of opioid dependence agents and opioid antagonists established  pursuant
    33  to  subparagraph  (vii) of paragraph (e) of subdivision seven of section
    34  three hundred sixty-seven-a of the social services law,  the  prescriber
    35  shall  consult with the program to confirm that in his or her reasonable
    36  professional judgment, the patient's clinical  condition  is  consistent
    37  with  the criteria for approval of the non-preferred drug. Such criteria
    38  shall include:
    39    (i) the preferred drug has been tried by the patient and has failed to
    40  produce the desired health outcomes;
    41    (ii) the patient has tried the  preferred  drug  and  has  experienced
    42  unacceptable side effects;
    43    (iii)  the  patient  has  been  stabilized on a non-preferred drug and
    44  transition to the preferred drug would be medically contraindicated; or
    45    (iv) other clinical indications identified by the [committee  for  the
    46  patient's  use  of the non-preferred drug] drug utilization review board
    47  established pursuant to  section  three  hundred  sixty-nine-bb  of  the
    48  social  services  law,  which shall include consideration of the medical
    49  needs of special populations, including children,  elderly,  chronically
    50  ill,  persons  with  mental  health  conditions, and persons affected by
    51  HIV/AIDS, pregnant persons, and persons with an opioid use disorder.
    52    (a-1) When a patient's health care provider prescribes a  prescription
    53  drug  that is on the statewide formulary of opioid dependence agents and
    54  opioid antagonists established pursuant to subparagraph (vii)  of  para-
    55  graph (e) of subdivision seven of section three hundred sixty-seven-a of
    56  the social services law, the department shall not require prior authori-

        S. 7506--B                         212                        A. 9506--B
 
     1  zation  unless  required  by  the  department's  drug use review program
     2  established pursuant to section 1927(g) of the Social Security Act.
     3    §  3.  The  opening  paragraph  of  paragraph  (a) of subdivision 6 of
     4  section 280 of the public health law, as amended by section 8 of part  D
     5  of chapter 57 of the laws of 2018, is amended to read as follows:
     6    If the drug utilization review board recommends a target rebate amount
     7  or if the commissioner identifies a drug as a high cost drug pursuant to
     8  subparagraph  (vii)  of  paragraph (e) of subdivision 7 of section three
     9  hundred sixty-seven-a of the social services law and the  department  is
    10  unsuccessful  in entering into a rebate [agreement] arrangement with the
    11  manufacturer of the  drug  satisfactory  to  the  department,  the  drug
    12  manufacturer  shall  in that event be required to provide to the depart-
    13  ment, on a standard reporting form  developed  by  the  department,  the
    14  following information:
    15    §  4.  Paragraph  (a)  of  subdivision  7 of section 280 of the public
    16  health law, as amended by section 8 of part B of chapter 57 of the  laws
    17  of 2019, is amended to read as follows:
    18    (a) If, after taking into account all rebates and supplemental rebates
    19  received  by the department, including rebates received to date pursuant
    20  to this section, total Medicaid drug expenditures are still projected to
    21  exceed the annual growth limitation imposed by subdivision two  of  this
    22  section,  the  commissioner  may:  subject  any  drug  of a manufacturer
    23  referred to the drug utilization review  board  under  this  section  to
    24  prior approval in accordance with existing processes and procedures when
    25  such manufacturer has not entered into a supplemental rebate [agreement]
    26  arrangement  as  required by this section; direct a managed care plan to
    27  limit or reduce reimbursement for a drug provided by a  medical  practi-
    28  tioner  if  the drug utilization review board recommends a target rebate
    29  amount for such drug and the manufacturer has failed  to  enter  into  a
    30  rebate  arrangement  required by this section; direct managed care plans
    31  to remove from  their  Medicaid  formularies  [those]  any  drugs  of  a
    32  manufacturer  who  has  a  drug  that  the drug utilization review board
    33  recommends a target rebate amount for and the manufacturer has failed to
    34  enter into a rebate [agreement] arrangement required  by  this  section;
    35  promote the use of cost effective and clinically appropriate drugs other
    36  than  those  of  a manufacturer who has a drug that the drug utilization
    37  review board recommends a target rebate amount and the manufacturer  has
    38  failed  to  enter into a rebate [agreement] arrangement required by this
    39  section; allow manufacturers to accelerate rebate payments under  exist-
    40  ing  rebate  contracts; and such other actions as authorized by law. The
    41  commissioner shall provide written notice to the legislature thirty days
    42  prior to taking action pursuant to  this  paragraph,  unless  action  is
    43  necessary  in the fourth quarter of a fiscal year to prevent total Medi-
    44  caid drug expenditures from exceeding the limitation imposed by subdivi-
    45  sion two of this section, in which case such notice to  the  legislature
    46  may be less than thirty days.
    47    §  5.  Section 364-j of the social services law is amended by adding a
    48  new subdivision 38 to read as follows:
    49    38. (a) When a patient's health care  provider  prescribes  an  opioid
    50  dependence  agent  or  opioid  antagonist  that  is not on the statewide
    51  formulary of opioid dependence agents and opioid antagonists, the  pres-
    52  criber  shall  consult with the managed care plan to confirm that in his
    53  or her reasonable professional judgment, the patient's  clinical  condi-
    54  tion  is  consistent with the criteria for approval of the non-preferred
    55  or non-formulary drug. Such criteria shall include:

        S. 7506--B                         213                        A. 9506--B
 
     1    (i) the preferred drug has been tried by the patient and has failed to
     2  produce the desired health outcomes;
     3    (ii)  the  patient  has  tried  the preferred drug and has experienced
     4  unacceptable side effects;
     5    (iii) the patient has been stabilized  on  a  non-preferred  drug  and
     6  transition  to  the  preferred  or  formulary  drug  would  be medically
     7  contraindicated; or
     8    (iv) other clinical indications identified by the  committee  for  the
     9  patient's  use  of the non-preferred drug, which shall include consider-
    10  ation of the medical needs of special populations,  including  children,
    11  elderly, chronically ill, persons with mental health conditions, persons
    12  affected by HIV/AIDS and pregnant persons with a substance use disorder.
    13    (b)  The  managed care plan shall have a process for a patient, or the
    14  patient's prescribing health care provider, to request a  review  for  a
    15  prescription  drug  that  is  not  on  the statewide formulary of opioid
    16  dependence agents and opioid  antagonists,  consistent  with  42  C.F.R.
    17  438.210(d), or any successor regulation.
    18    (c)  A  managed care plan's failure to comply with the requirements of
    19  this subdivision shall be subject to a  one  thousand  dollar  fine  per
    20  violation.
    21    §  6.  Section 364-j of the social services law is amended by adding a
    22  new subdivision 26-c to read as follows:
    23    26-c. Managed care providers shall not require prior authorization for
    24  methadone, when  used  for  opioid  use  disorder  and  administered  or
    25  dispensed in an opioid treatment program.
    26    §  7. Subdivision 10 of section 273 of the public health law, as added
    27  by section 5 of part B of chapter 69 of the laws of 2016, is amended  to
    28  read as follows:
    29    10.  Prior  authorization  shall  not  be  required  for an initial or
    30  renewal prescription for  buprenorphine  or  injectable  naltrexone  for
    31  detoxification  or  maintenance treatment of opioid addiction unless the
    32  prescription is for a non-preferred or non-formulary form of  such  drug
    33  as  otherwise required by section 1927(k)(6) of the Social Security Act.
    34  Further, prior authorization shall not be required for  methadone,  when
    35  used  for opioid use disorder and administered or dispensed in an opioid
    36  treatment program.
    37    § 8. Subdivision 1 of section 60 of part B of chapter 57 of  the  laws
    38  of  2015,  amending  the  social services law and other laws relating to
    39  supplemental rebates, as amended by section 5-b of part T of chapter  57
    40  of the laws of 2018, is amended to read as follows:
    41    1.  section  one of this act shall expire and be deemed repealed March
    42  31, [2023] 2026;
    43    § 9. Subdivision (c) of section 62 of chapter 165 of the laws of 1991,
    44  amending the public health law and other laws relating  to  establishing
    45  payments  for  medical assistance, as amended by section 16 of part Z of
    46  chapter 57 of the laws of 2018, is amended to read as follows:
    47    (c) section 364-j of the social services law, as  amended  by  section
    48  eight  of  this  act  and  subdivision  6 of section 367-a of the social
    49  services law as added by section twelve of this act shall expire and  be
    50  deemed  repealed on March 31, [2024] 2026 and provided further, that the
    51  amendments to the provisions of section 364-j of the social services law
    52  made by section eight of this act  shall  only  apply  to  managed  care
    53  programs approved on or after the effective date of this act;
    54    §  10.  Section  11  of  chapter 710 of the laws of 1988, amending the
    55  social services law and the education law relating to medical assistance
    56  eligibility of certain persons and providing for  managed  medical  care

        S. 7506--B                         214                        A. 9506--B
 
     1  demonstration programs, as amended by section 18 of part Z of chapter 57
     2  of the laws of 2018, is amended to read as follows:
     3    §  11.  This  act  shall  take  effect  immediately;  except  that the
     4  provisions of sections one, two, three, four, eight and ten of this  act
     5  shall take effect on the ninetieth day after it shall have become a law;
     6  and  except  that the provisions of sections five, six and seven of this
     7  act shall take effect January 1, 1989; and except that  effective  imme-
     8  diately, the addition, amendment and/or repeal of any rule or regulation
     9  necessary  for  the implementation of this act on its effective date are
    10  authorized and directed to be made  and  completed  on  or  before  such
    11  effective  date; provided, however, that the provisions of section 364-j
    12  of the social services law, as added by section one of  this  act  shall
    13  expire  and  be  deemed repealed on and after March 31, [2024] 2026, the
    14  provisions of section 364-k of the social  services  law,  as  added  by
    15  section  two  of  this act, except subdivision 10 of such section, shall
    16  expire and be deemed repealed on and after  January  1,  1994,  and  the
    17  provisions  of  subdivision  10  of section 364-k of the social services
    18  law, as added by section two of this act, shall  expire  and  be  deemed
    19  repealed on January 1, 1995.
    20    § 11. This act shall take effect immediately, provided however, that:
    21    a.  the  amendments to paragraph (e) of subdivision 7 of section 367-a
    22  of the social services law made by section one of  this  act  shall  not
    23  affect  the  repeal of such paragraph and shall be deemed expired there-
    24  with;
    25    b. the provisions of section two of this act shall  expire  March  31,
    26  2026, when upon such date the provisions of such section shall be deemed
    27  repealed;
    28    c.  the amendments to section 364-j of the social services law made by
    29  sections five and six of this act shall not affect the  repeal  of  such
    30  section and shall be deemed repealed therewith;
    31    d.  the  statewide  formulary  of  opioid dependence agents and opioid
    32  antagonists authorized by this  act  shall  be  implemented  within  six
    33  months after it shall have become a law;
    34    e.  Provided further, however, that the director of the budget may, in
    35  consultation with the commissioner of   health, delay   the    effective
    36  dates  prescribed  herein for a period of time which shall not exceed 90
    37  days following the conclusion or termination  of   an executive    order
    38  issued  pursuant  to  section  28 of the executive law declaring a state
    39  disaster emergency for the entire state of New York, upon such delay the
    40  director  of the budget shall notify the chairs of the assembly ways and
    41  means committee and senate finance  committee  and  the  chairs  of  the
    42  assembly  and  senate  health committee; provided further, however, that
    43  the director of the budget shall notify the  legislative  bill  drafting
    44  commission  upon the occurrence of a delay in the effective date of this
    45  act in order that the commission may maintain  an  accurate  and  timely
    46  effective data base of the official text of the laws of the state of New
    47  York  in furtherance of effectuating the provisions of section 44 of the
    48  legislative law and section 70-b of the public officers law.
 
    49                                   PART HH
 
    50    Section 1. Paragraphs (t), (v) and (w) of  subdivision  2  of  section
    51  2999-cc  of the public health law, paragraph (v) as added and paragraphs
    52  (t) and (w) as amended by section 1 of subpart C of part S of chapter 57
    53  of the laws of 2018, are amended and a new paragraph  (x)  is  added  to
    54  read as follows:

        S. 7506--B                         215                        A. 9506--B
 
     1    (t)  credentialed  alcoholism  and  substance abuse counselors creden-
     2  tialed by the  office  of  [alcoholism  and  substance  abuse  services]
     3  addiction services and supports or by a credentialing entity approved by
     4  such office pursuant to section 19.07 of the mental hygiene law;
     5    (v)  clinics licensed or certified under article sixteen of the mental
     6  hygiene law and certified and non-certified day and residential programs
     7  funded or operated by the office for people with developmental disabili-
     8  ties; [and]
     9    (w) a care manager employed by or under  contract  to  a  health  home
    10  program,  patient centered medical home, office for people with develop-
    11  mental disabilities Care Coordination Organization (CCO), hospice  or  a
    12  voluntary  foster  care  agency  certified by the office of children and
    13  family services certified and licensed pursuant to article twenty-nine-i
    14  of this chapter; and
    15    (x) any other provider as determined by the commissioner  pursuant  to
    16  regulation or, in consultation with the commissioner, by the commission-
    17  er  of  the  office  of mental health, the commissioner of the office of
    18  [alcoholism  and  substance  abuse  services]  addiction  services   and
    19  supports,  or  the  commissioner  of the office for people with develop-
    20  mental disabilities pursuant to regulation.
    21    § 2. Subdivision 1 of section 2999-dd of the  public  health  law,  as
    22  amended by section 4 of subpart C of part S of chapter 57 of the laws of
    23  2018, is amended to read as follows:
    24    1.  Health  care  services  delivered  by means of telehealth shall be
    25  entitled to reimbursement under section three hundred  sixty-seven-u  of
    26  the  social services law; provided however, reimbursement for additional
    27  modalities, provider  categories  and  originating  sites  specified  in
    28  accordance with section twenty-nine hundred ninety-nine-ee of this arti-
    29  cle shall be contingent upon federal financial participation.
    30    §  3. The public health law is amended by adding a new section 2999-ee
    31  to read as follows:
    32    § 2999-ee. Increased application of telehealth. In order  to  increase
    33  the  application of telehealth in behavioral health, oral health, mater-
    34  nity care, care management, services provided in emergency  departments,
    35  and  services  provided  to  certain high-need populations to the extent
    36  such services are deemed appropriate for  the  populations  served,  and
    37  notwithstanding the definitions set forth in section twenty-nine hundred
    38  ninety-nine-cc of this article, in consultation with the commissioner of
    39  the  office  of  children  and  family services, the commissioner of the
    40  office of mental health, the commissioner of  the  office  of  addiction
    41  services and supports, or the commissioner of the office for people with
    42  developmental  disabilities, as applicable, the commissioner may specify
    43  in regulation additional  acceptable  modalities  for  the  delivery  of
    44  health  care services via telehealth, including but not limited to audi-
    45  o-only telephone communications, online portals and survey applications,
    46  and may specify additional categories of originating sites  at  which  a
    47  patient may be located at the time health care services are delivered to
    48  the  extent  such additional modalities and originating sites are deemed
    49  appropriate for the populations served.
    50    § 4. This act shall take effect immediately and  shall  be  deemed  to
    51  have  been  in full force and effect on or after April 1, 2020. Provided
    52  further, however, that the director of the budget may,  in  consultation
    53  with  the  commissioner  of health, delay the effective dates prescribed
    54  herein for a period of time which shall not exceed ninety days following
    55  the conclusion or termination of an executive order issued  pursuant  to
    56  section 28 of the executive law declaring a state disaster emergency for

        S. 7506--B                         216                        A. 9506--B
 
     1  the entire state of New York, upon such delay the director of the budget
     2  shall  notify  the  chairs  of the assembly ways and means committee and
     3  senate finance committee and the  chairs  of  the  assembly  and  senate
     4  health  committee;  provided  further, however, that the director of the
     5  budget shall notify the legislative bill drafting  commission  upon  the
     6  occurrence  of  a  delay in the effective date of this act in order that
     7  the commission may maintain an accurate and timely effective  data  base
     8  of the official text of the laws of the state of New York in furtherance
     9  of  effectuating the provisions of section 44 of the legislative law and
    10  section 70-b of the public officers law.
 
    11                                   PART II
 
    12    Section 1. The commissioner of health is authorized to  establish  the
    13  following pilot programs in one or more counties or regions of the state
    14  for the purpose of promoting social determinant of health interventions:
    15  up  to  three  projects  targeted at the provision of medically tailored
    16  meals tailored to individuals diagnosed  with  cancer,  diabetes,  heart
    17  failure  and/or  HIV/AIDS  and who have had one or more hospitalizations
    18  within a year; up to five medical respite programs to  provide  care  to
    19  homeless  patients  who are too sick to be on the streets or in a tradi-
    20  tional shelter but not sick enough to warrant inpatient hospitalization;
    21  and a street medicine program to allow diagnostic and treatment  centers
    22  licensed  under  article 28 of the public health law to bill for certain
    23  services provided at offsite locations in order to serve the chronically
    24  street homeless population. The requirements for which programs  qualify
    25  as  "medically tailored meals," "medical respite," and "street medicine"
    26  will be further defined in the course of each pilot program with a focus
    27  on providing the most effective care to participants in the program.
    28    § 2. This act shall take effect September 1, 2020. Provided,  however,
    29  that  the  director  of the budget may, in consultation with the commis-
    30  sioner of health, delay the effective date prescribed herein for a peri-
    31  od of time which shall not exceed ninety days following  the  conclusion
    32  or  termination  of  an executive order issued pursuant to section 28 of
    33  the executive law declaring a state disaster emergency  for  the  entire
    34  state  of  New  York and that upon such delay the director of the budget
    35  shall notify the chairs of the assembly ways and means committee and the
    36  senate finance committee and the  chairs  of  the  assembly  and  senate
    37  health  committees;  provided further, however, that the director of the
    38  budget shall notify the legislative bill drafting  commission  upon  the
    39  occurrence  of  a  delay in the effective date of this act in order that
    40  the commission may maintain an accurate and timely effective  data  base
    41  of the official text of the laws of the state of New York in furtherance
    42  of  effectuating the provisions of section 44 of the legislative law and
    43  section 70-b of the public officers law.
 
    44                                   PART JJ
 
    45    Section 1. The state comptroller is hereby authorized and directed  to
    46  loan  money in accordance with the provisions set forth in subdivision 5
    47  of section 4 of the state finance law  to  the  following  funds  and/or
    48  accounts:
    49    1. DOL-Child performer protection account (20401).
    50    2. Proprietary vocational school supervision account (20452).
    51    3. Local government records management account (20501).
    52    4. Child health plus program account (20810).

        S. 7506--B                         217                        A. 9506--B
 
     1    5. EPIC premium account (20818).
     2    6. Education - New (20901).
     3    7. VLT - Sound basic education fund (20904).
     4    8.   Sewage  treatment  program  management  and  administration  fund
     5  (21000).
     6    9. Hazardous bulk storage account (21061).
     7    10. Utility environmental regulatory account (21064).
     8    11. Federal grants indirect cost recovery account (21065).
     9    12. Low level radioactive waste account (21066).
    10    13. Recreation account (21067).
    11    14. Public safety recovery account (21077).
    12    15. Environmental regulatory account (21081).
    13    16. Natural resource account (21082).
    14    17. Mined land reclamation program account (21084).
    15    18. Great lakes restoration initiative account (21087).
    16    19. Environmental protection and oil spill compensation fund (21200).
    17    20. Public transportation systems account (21401).
    18    21. Metropolitan mass transportation (21402).
    19    22. Operating permit program account (21451).
    20    23. Mobile source account (21452).
    21    24.  Statewide  planning  and  research  cooperative  system   account
    22  (21902).
    23    25. New York state thruway authority account (21905).
    24    26. Mental hygiene program fund account (21907).
    25    27. Mental hygiene patient income account (21909).
    26    28. Financial control board account (21911).
    27    29. Regulation of racing account (21912).
    28    30. State university dormitory income reimbursable account (21937).
    29    31. Criminal justice improvement account (21945).
    30    32. Environmental laboratory reference fee account (21959).
    31    33. Training, management and evaluation account (21961).
    32    34. Clinical laboratory reference system assessment account (21962).
    33    35. Indirect cost recovery account (21978).
    34    36. High school equivalency program account (21979).
    35    37. Multi-agency training account (21989).
    36    38. Bell jar collection account (22003).
    37    39. Industry and utility service account (22004).
    38    40. Real property disposition account (22006).
    39    41. Parking account (22007).
    40    42. Courts special grants (22008).
    41    43. Asbestos safety training program account (22009).
    42    44. Camp Smith billeting account (22017).
    43    45. Batavia school for the blind account (22032).
    44    46. Investment services account (22034).
    45    47. Surplus property account (22036).
    46    48. Financial oversight account (22039).
    47    49. Regulation of Indian gaming account (22046).
    48    50. Rome school for the deaf account (22053).
    49    51. Seized assets account (22054).
    50    52. Administrative adjudication account (22055).
    51    53. Federal salary sharing account (22056).
    52    54. New York City assessment account (22062).
    53    55. Cultural education account (22063).
    54    56. Local services account (22078).
    55    57. DHCR mortgage servicing account (22085).
    56    58. Housing indirect cost recovery account (22090).

        S. 7506--B                         218                        A. 9506--B
 
     1    59. DHCR-HCA application fee account (22100).
     2    60. Low income housing monitoring account (22130).
     3    61. Corporation administration account (22135).
     4    62.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
     5  account (22144).
     6    63. Deferred compensation administration account (22151).
     7    64. Rent revenue other New York City account (22156).
     8    65. Rent revenue account (22158).
     9    66. Tax revenue arrearage account (22168).
    10    67. New York state medical indemnity fund account (22240).
    11    68. State university general income offset account (22654).
    12    69. Lake George park trust fund account (22751).
    13    70. State police motor vehicle law enforcement account (22802).
    14    71. Highway safety program account (23001).
    15    72. DOH drinking water program account (23102).
    16    73. NYCCC operating offset account (23151).
    17    74. Commercial gaming revenue account (23701).
    18    75. Commercial gaming regulation account (23702).
    19    76. Highway use tax administration account (23801).
    20    77. New York state secure choice administrative account (23806).
    21    78. Fantasy sports administration account (24951).
    22    79. Highway and bridge capital account (30051).
    23    80. Aviation purpose account (30053).
    24    81. State university residence hall rehabilitation fund (30100).
    25    82. State parks infrastructure account (30351).
    26    83. Clean water/clean air implementation fund (30500).
    27    84. Hazardous waste remedial cleanup account (31506).
    28    85. Youth facilities improvement account (31701).
    29    86. Housing assistance fund (31800).
    30    87. Housing program fund (31850).
    31    88. Highway facility purpose account (31951).
    32    89. Information technology capital financing account (32215).
    33    90. New York racing account (32213).
    34    91. Capital miscellaneous gifts account (32214).
    35    92. New York environmental protection and  spill  remediation  account
    36  (32219).
    37    93. Mental hygiene facilities capital improvement fund (32300).
    38    94. Correctional facilities capital improvement fund (32350).
    39    95. New York State Storm Recovery Capital Fund (33000).
    40    96. OGS convention center account (50318).
    41    97. Empire Plaza Gift Shop (50327).
    42    98. Centralized services fund (55000).
    43    99. Archives records management account (55052).
    44    100. Federal single audit account (55053).
    45    101. Civil service EHS occupational health program account (55056).
    46    102. Banking services account (55057).
    47    103. Cultural resources survey account (55058).
    48    104. Neighborhood work project account (55059).
    49    105. Automation & printing chargeback account (55060).
    50    106. OFT NYT account (55061).
    51    107. Data center account (55062).
    52    108. Intrusion detection account (55066).
    53    109. Domestic violence grant account (55067).
    54    110. Centralized technology services account (55069).
    55    111. Labor contact center account (55071).
    56    112. Human services contact center account (55072).

        S. 7506--B                         219                        A. 9506--B
 
     1    113. Tax contact center account (55073).
     2    114. Department of law civil recoveries account (55074).
     3    115. Executive direction internal audit account (55251).
     4    116. CIO Information technology centralized services account (55252).
     5    117. Health insurance internal service account (55300).
     6    118.  Civil  service employee benefits division administrative account
     7  (55301).
     8    119. Correctional industries revolving fund (55350).
     9    120. Employees health insurance account (60201).
    10    121. Medicaid management information system escrow fund (60900).
    11    122. New York state cannabis revenue fund.
    12    123. Behavioral health parity compliance fund.
    13    § 1-a. The state comptroller is hereby authorized and directed to loan
    14  money in accordance with the provisions set forth in  subdivision  5  of
    15  section  4  of the state finance law to any account within the following
    16  federal funds, provided the comptroller has made  a  determination  that
    17  sufficient  federal grant award authority is available to reimburse such
    18  loans:
    19    1. Federal USDA-food and nutrition services fund (25000).
    20    2. Federal health and human services fund (25100).
    21    3. Federal education fund (25200).
    22    4. Federal block grant fund (25250).
    23    5. Federal miscellaneous operating grants fund (25300).
    24    6. Federal unemployment insurance administration fund (25900).
    25    7. Federal unemployment insurance occupational training fund (25950).
    26    8. Federal emergency employment act fund (26000).
    27    9. Federal capital projects fund (31350).
    28    § 2. Notwithstanding any law to the contrary, and in  accordance  with
    29  section 4 of the state finance law, the comptroller is hereby authorized
    30  and directed to transfer, upon request of the director of the budget, on
    31  or  before March 31, 2021, up to the unencumbered balance or the follow-
    32  ing amounts:
    33    Economic Development and Public Authorities:
    34    1. $175,000 from the miscellaneous special revenue  fund,  underground
    35  facilities safety training account (22172), to the general fund.
    36    2.  An  amount  up  to the unencumbered balance from the miscellaneous
    37  special revenue fund, business and licensing services  account  (21977),
    38  to the general fund.
    39    3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
    40  enforcement account (21904), to the general fund.
    41    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
    42  revenue fund, tax revenue arrearage account (22168).
    43    Education:
    44    1.  $2,523,000,000  from  the  general fund to the state lottery fund,
    45  education account (20901), as reimbursement for disbursements made  from
    46  such  fund for supplemental aid to education pursuant to section 92-c of
    47  the state finance law that are in excess of  the  amounts  deposited  in
    48  such fund for such purposes pursuant to section 1612 of the tax law.
    49    2.  $978,000,000  from the general fund to the state lottery fund, VLT
    50  education account (20904), as reimbursement for disbursements made  from
    51  such  fund for supplemental aid to education pursuant to section 92-c of
    52  the state finance law that are in excess of  the  amounts  deposited  in
    53  such fund for such purposes pursuant to section 1612 of the tax law.
    54    3. $160,000,000 from the general fund to the New York state commercial
    55  gaming fund, commercial gaming revenue account (23701), as reimbursement
    56  for  disbursements made from such fund for supplemental aid to education

        S. 7506--B                         220                        A. 9506--B
 
     1  pursuant to section 97-nnnn of the state finance law that are in  excess
     2  of  the  amounts deposited in such fund for purposes pursuant to section
     3  1352 of the racing, pari-mutuel wagering and breeding law.
     4    4. $5,000,000 from the interactive fantasy sports fund, fantasy sports
     5  education  account (24950), to the state lottery fund, education account
     6  (20901), as reimbursement for disbursements  made  from  such  fund  for
     7  supplemental  aid  to  education  pursuant  to section 92-c of the state
     8  finance law.
     9    5. An amount up to the unencumbered balance from the charitable  gifts
    10  trust  fund,  elementary and secondary education account (24901), to the
    11  general fund, for payment of general support for public schools pursuant
    12  to section 3609-a of the education law.
    13    6. Moneys from the state lottery fund (20900) up to an amount deposit-
    14  ed in such fund pursuant to section 1612 of the tax law in excess of the
    15  current year appropriation for supplemental aid to education pursuant to
    16  section 92-c of the state finance law.
    17    7. $300,000 from the New York state local government  records  manage-
    18  ment  improvement  fund,  local  government  records  management account
    19  (20501), to the New York state archives partnership trust fund, archives
    20  partnership trust maintenance account (20351).
    21    8. $900,000 from the general fund to the miscellaneous special revenue
    22  fund, Batavia school for the blind account (22032).
    23    9. $900,000 from the general fund to the miscellaneous special revenue
    24  fund, Rome school for the deaf account (22053).
    25    10. $343,400,000 from  the  state  university  dormitory  income  fund
    26  (40350)  to  the  miscellaneous  special  revenue fund, state university
    27  dormitory income reimbursable account (21937).
    28    11. $8,318,000 from the general fund to the  state  university  income
    29  fund,  state  university  income offset account (22654), for the state's
    30  share of repayment of the STIP loan.
    31    12. $47,000,000 from the state university income fund, state universi-
    32  ty hospitals income reimbursable account (22656) to the general fund for
    33  hospital debt service for the period April 1,  2020  through  March  31,
    34  2021.
    35    13. $25,390,000 from the miscellaneous special revenue fund, office of
    36  the  professions  account (22051), to the miscellaneous capital projects
    37  fund, office of the professions electronic licensing account (32222).
    38    14. $24,000,000 from any of the state education  department's  special
    39  revenue  and internal service funds to the miscellaneous special revenue
    40  fund, indirect cost recovery account (21978).
    41    15. $4,200,000 from any of the state  education  department's  special
    42  revenue or internal service funds to the capital projects fund (30000).
    43    Environmental Affairs:
    44    1.  $16,000,000  from any of the department of environmental conserva-
    45  tion's special revenue federal funds to the  environmental  conservation
    46  special revenue fund, federal indirect recovery account (21065).
    47    2.  $5,000,000  from  any of the department of environmental conserva-
    48  tion's special revenue federal funds to the conservation fund (21150) or
    49  Marine Resources Account (21151) as  necessary  to  avoid  diversion  of
    50  conservation funds.
    51    3. $3,000,000 from any of the office of parks, recreation and historic
    52  preservation  capital projects federal funds and special revenue federal
    53  funds to the miscellaneous special revenue fund, federal grant  indirect
    54  cost recovery account (22188).

        S. 7506--B                         221                        A. 9506--B
 
     1    4. $1,000,000 from any of the office of parks, recreation and historic
     2  preservation  special revenue federal funds to the miscellaneous capital
     3  projects fund, I love NY water account (32212).
     4    5.  $28,000,000  from the general fund to the environmental protection
     5  fund, environmental protection fund transfer account (30451).
     6    6. $1,800,000 from the general fund to the  hazardous  waste  remedial
     7  fund, hazardous waste oversight and assistance account (31505).
     8    7.  An  amount  up  to or equal to the cash balance within the special
     9  revenue-other waste management & cleanup account (21053) to the  capital
    10  projects  fund  (30000) for services and capital expenses related to the
    11  management and cleanup program as put forth in section  27-1915  of  the
    12  environmental conservation law.
    13    8.  $3,600,000  from  the  miscellaneous  special revenue fund, public
    14  service account (22011) to the miscellaneous special revenue fund, util-
    15  ity environmental regulatory account (21064).
    16    9. $4,000,000 from the general fund to the enterprise fund, state fair
    17  account (50051).
    18    Family Assistance:
    19    1. $7,000,000 from any of the office of children and family  services,
    20  office  of  temporary and disability assistance, or department of health
    21  special revenue federal funds and the general fund, in  accordance  with
    22  agreements  with social services districts, to the miscellaneous special
    23  revenue fund, office of human resources development state match  account
    24  (21967).
    25    2.  $4,000,000  from any of the office of children and family services
    26  or office of temporary and disability assistance special revenue federal
    27  funds to the miscellaneous special revenue fund, family preservation and
    28  support services and family violence services account (22082).
    29    3. $18,670,000 from any of the office of children and family services,
    30  office of temporary and disability assistance, or department  of  health
    31  special  revenue  federal  funds  and  any  other miscellaneous revenues
    32  generated from the operation of office of children and  family  services
    33  programs to the general fund.
    34    4.  $125,000,000  from  any  of the office of temporary and disability
    35  assistance or department of health special revenue funds to the  general
    36  fund.
    37    5.  $2,500,000  from  any  of  the  office of temporary and disability
    38  assistance special revenue funds to the  miscellaneous  special  revenue
    39  fund,  office  of  temporary  and  disability assistance program account
    40  (21980).
    41    6. $35,000,000 from any of the office of children and family services,
    42  office of temporary and disability assistance, department of labor,  and
    43  department  of  health  special  revenue  federal funds to the office of
    44  children and family services miscellaneous special revenue fund,  multi-
    45  agency training contract account (21989).
    46    7.  $205,000,000  from  the  miscellaneous special revenue fund, youth
    47  facility per diem account (22186), to the general fund.
    48    8. $621,850 from the general fund to the combined gifts,  grants,  and
    49  bequests fund, WB Hoyt Memorial account (20128).
    50    9.  $5,000,000  from  the  miscellaneous  special  revenue fund, state
    51  central registry (22028), to the general fund.
    52    General Government:
    53    1. $1,566,000 from the miscellaneous special revenue fund, examination
    54  and miscellaneous revenue account (22065) to the general fund.
    55    2. $12,000,000 from the general fund to the health insurance revolving
    56  fund (55300).

        S. 7506--B                         222                        A. 9506--B
 
     1    3. $292,400,000  from  the  health  insurance  reserve  receipts  fund
     2  (60550) to the general fund.
     3    4. $150,000 from the general fund to the not-for-profit revolving loan
     4  fund (20650).
     5    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
     6  general fund.
     7    6.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
     8  property account (22036), to the general fund.
     9    7. $19,000,000 from the miscellaneous special  revenue  fund,  revenue
    10  arrearage account (22024), to the general fund.
    11    8.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
    12  arrearage account (22024), to the miscellaneous  special  revenue  fund,
    13  authority budget office account (22138).
    14    9.  $1,000,000  from  the  agencies  enterprise fund, parking services
    15  account (22007), to the general fund, for the purpose of reimbursing the
    16  costs of debt service related to state parking facilities.
    17    10. $9,628,000 from the general fund to the centralized services fund,
    18  COPS account (55013).
    19    11. $11,460,000 from the general fund to the agencies internal service
    20  fund, central technology services account (55069), for  the  purpose  of
    21  enterprise technology projects.
    22    12. $10,000,000 from the general fund to the agencies internal service
    23  fund, state data center account (55062).
    24    13.  $20,000,000 from the miscellaneous special revenue fund, workers'
    25  compensation account (21995),  to  the  miscellaneous  capital  projects
    26  fund,  workers'  compensation  board  IT  business  process design fund,
    27  (32218).
    28    14. $12,000,000 from the agencies enterprise  fund,  parking  services
    29  account  (22007), to the centralized services, building support services
    30  account (55018).
    31    15. $30,000,000 from the general fund to the  internal  service  fund,
    32  business services center account (55022).
    33    16.  $8,000,000  from  the  general fund to the internal service fund,
    34  building support services account (55018).
    35    17. $1,500,000 from  the  agencies  enterprise  fund,  special  events
    36  account (20120), to the general fund.
    37    Health:
    38    1.  A transfer from the general fund to the combined gifts, grants and
    39  bequests fund, breast cancer research and education account (20155),  up
    40  to  an  amount  equal  to  the  monies collected and deposited into that
    41  account in the previous fiscal year.
    42    2. A transfer from the general fund to the combined gifts, grants  and
    43  bequests  fund,  prostate  cancer  research,  detection,  and  education
    44  account (20183), up to an amount  equal  to  the  moneys  collected  and
    45  deposited into that account in the previous fiscal year.
    46    3.  A transfer from the general fund to the combined gifts, grants and
    47  bequests fund,  Alzheimer's  disease  research  and  assistance  account
    48  (20143),  up  to  an  amount equal to the moneys collected and deposited
    49  into that account in the previous fiscal year.
    50    4. $33,134,000 from the HCRA resources fund (20800) to  the  miscella-
    51  neous  special  revenue  fund, empire state stem cell trust fund account
    52  (22161).
    53    5. $6,000,000 from the miscellaneous special revenue fund, certificate
    54  of need account (21920), to the  miscellaneous  capital  projects  fund,
    55  healthcare IT capital subfund (32216).

        S. 7506--B                         223                        A. 9506--B
 
     1    6.  $2,000,000  from  the  miscellaneous  special  revenue fund, vital
     2  health records account (22103), to the  miscellaneous  capital  projects
     3  fund, healthcare IT capital subfund (32216).
     4    7.  $2,000,000  from  the  miscellaneous special revenue fund, profes-
     5  sional medical conduct account (22088),  to  the  miscellaneous  capital
     6  projects fund, healthcare IT capital subfund (32216).
     7    8.  $91,304,000  from  the  HCRA resources fund (20800) to the capital
     8  projects fund (30000).
     9    9. $6,550,000 from the general fund to  the  medical  marihuana  trust
    10  fund, health operation and oversight account (23755).
    11    10.  An  amount  up to the unencumbered balance from the miscellaneous
    12  special revenue fund, certificate of need account (21920), to the gener-
    13  al fund.
    14    11. An amount up to the unencumbered balance from the charitable gifts
    15  trust fund, health charitable account (24900), to the general fund,  for
    16  payment of general support for primary, preventive, and inpatient health
    17  care,  dental and vision care, hunger prevention and nutritional assist-
    18  ance, and other services for New York state residents with  the  overall
    19  goal  of  ensuring  that New York state residents have access to quality
    20  health care and other related services.
    21    12. $3,000,000 from the miscellaneous special revenue fund,  New  York
    22  State cannabis revenue fund, to the general fund.
    23    13.  An  amount  up to the unencumbered balance from the public health
    24  emergency charitable gifts trust fund to the general fund,  for  payment
    25  of  goods  and services necessary to respond to a public health disaster
    26  emergency or to assist or aid in responding to such a disaster.
    27    Labor:
    28    1. $600,000 from the miscellaneous special revenue fund, DOL  fee  and
    29  penalty account (21923), to the child performer's protection fund, child
    30  performer protection account (20401).
    31    2.  $11,700,000  from  the unemployment insurance interest and penalty
    32  fund,  unemployment  insurance  special  interest  and  penalty  account
    33  (23601), to the general fund.
    34    3.  $5,000,000  from  the miscellaneous special revenue fund, workers'
    35  compensation account (21995), to  the  training  and  education  program
    36  occupation  safety  and health fund, OSHA-training and education account
    37  (21251) and occupational health inspection account (21252).
    38    Mental Hygiene:
    39    1. $10,000,000 from the general fund,  to  the  miscellaneous  special
    40  revenue fund, federal salary sharing account (22056).
    41    2.  $3,800,000 from the general fund, to the agencies internal service
    42  fund, civil service EHS occupational health program account (55056).
    43    3. $3,000,000 from the chemical  dependence  service  fund,  substance
    44  abuse  services  fund  account  (22700),  to  the mental hygiene capital
    45  improvement fund (32305).
    46    Public Protection:
    47    1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
    48  management account (21944), to the general fund.
    49    2.  $2,087,000  from  the  general  fund  to the miscellaneous special
    50  revenue fund, recruitment incentive account (22171).
    51    3. $22,773,000 from the general fund to  the  correctional  industries
    52  revolving   fund,   correctional  industries  internal  service  account
    53  (55350).
    54    4. $60,000,000 from any of the division of homeland security and emer-
    55  gency services special revenue federal funds to the general fund.

        S. 7506--B                         224                        A. 9506--B
 
     1    5. $11,149,000 from the miscellaneous special revenue  fund,  criminal
     2  justice improvement account (21945), to the general fund.
     3    6.  $115,420,000  from  the state police motor vehicle law enforcement
     4  and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
     5  police  motor  vehicle  enforcement account (22802), to the general fund
     6  for state operation expenses of the division of state police.
     7    7. $120,500,000 from the general fund to the  correctional  facilities
     8  capital improvement fund (32350).
     9    8.  $5,000,000  from  the  general  fund  to the dedicated highway and
    10  bridge trust fund (30050) for the purpose of work zone safety activities
    11  provided by the division of state police for the department of transpor-
    12  tation.
    13    9. $10,000,000 from the miscellaneous special revenue fund,  statewide
    14  public  safety  communications  account (22123), to the capital projects
    15  fund (30000).
    16    10. $9,830,000 from the  miscellaneous  special  revenue  fund,  legal
    17  services assistance account (22096), to the general fund.
    18    11.  $1,000,000 from the general fund to the agencies internal service
    19  fund, neighborhood work project account (55059).
    20    12. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
    21  print identification & technology account (21950), to the general fund.
    22    13. $1,100,000 from the state police motor vehicle law enforcement and
    23  motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
    24  theft and insurance fraud account (22801), to the general fund.
    25    14. $25,000,000 from the miscellaneous special revenue fund, statewide
    26  public safety communications account (22123), to the general fund.
    27    Transportation:
    28    1. $31,000,000 from the general fund to the MTA  financial  assistance
    29  fund,  mobility  tax  trust account (23651) for disbursements related to
    30  part NN of chapter 54 of the laws of 2016.
    31    2.  $20,000,000 from the general fund to the mass transportation oper-
    32  ating assistance fund, public transportation systems  operating  assist-
    33  ance account (21401), of which $12,000,000 constitutes the base need for
    34  operations.
    35    3.  $727,500,000  from  the  general fund to the dedicated highway and
    36  bridge trust fund (30050).
    37    4. $244,250,000 from the general fund to the MTA financial  assistance
    38  fund, mobility tax trust account (23651).
    39    5. $5,000,000 from the miscellaneous special revenue fund, transporta-
    40  tion  regulation  account  (22067)  to  the dedicated highway and bridge
    41  trust fund (30050), for disbursements made  from  such  fund  for  motor
    42  carrier  safety that are in excess of the amounts deposited in the dedi-
    43  cated highway and bridge trust fund (30050) for such purpose pursuant to
    44  section 94 of the transportation law.
    45    6. $3,000,000 from the miscellaneous  special  revenue  fund,  traffic
    46  adjudication account (22055), to the general fund.
    47    7. $11,721,000 from the mass transportation operating assistance fund,
    48  metropolitan  mass  transportation operating assistance account (21402),
    49  to the capital projects fund (30000).
    50    8. $5,000,000 from the miscellaneous special revenue fund, transporta-
    51  tion regulation account (22067) to the general fund,  for  disbursements
    52  made  from  such fund for motor carrier safety that are in excess of the
    53  amounts deposited in the general  fund  for  such  purpose  pursuant  to
    54  section 94 of the transportation law.
    55    Miscellaneous:

        S. 7506--B                         225                        A. 9506--B
 
     1    1. $250,000,000 from the general fund to any funds or accounts for the
     2  purpose  of reimbursing certain outstanding accounts receivable balances
     3  or fund spending expected to be incurred to maintain  essential  govern-
     4  mental operations which are in excess of available cash resulting from a
     5  reduction  of  dedicated  revenue  sources that were waived or otherwise
     6  impacted by reduced utilization directly or indirectly  associated  with
     7  executive  order  and/or  societal  response  to  the novel coronavirus,
     8  COVID-19.
     9    2. $500,000,000 from the general fund to the  debt  reduction  reserve
    10  fund (40000).
    11    3.  $450,000,000  from  the New York state storm recovery capital fund
    12  (33000) to the revenue bond tax fund (40152).
    13    4. $15,500,000 from the general fund, community  projects  account  GG
    14  (10256), to the general fund, state purposes account (10050).
    15    5.  $100,000,000  from any special revenue federal fund to the general
    16  fund, state purposes account (10050).
    17    § 3. Notwithstanding any law to the contrary, and in  accordance  with
    18  section 4 of the state finance law, the comptroller is hereby authorized
    19  and directed to transfer, on or before March 31, 2021:
    20    1.  Upon request of the commissioner of environmental conservation, up
    21  to $12,745,400 from revenues credited to any of the department of  envi-
    22  ronmental  conservation special revenue funds, including $4,000,000 from
    23  the environmental protection and oil spill  compensation  fund  (21200),
    24  and  $1,834,600 from the conservation fund (21150), to the environmental
    25  conservation special revenue fund, indirect charges account (21060).
    26    2. Upon request of the commissioner of agriculture and markets, up  to
    27  $3,000,000  from  any special revenue fund or enterprise fund within the
    28  department of agriculture and markets to the general fund, to pay appro-
    29  priate administrative expenses.
    30    3. Upon request of the commissioner of agriculture and markets, up  to
    31  $2,000,000  from  the state exposition special fund, state fair receipts
    32  account (50051) to the miscellaneous capital projects fund,  state  fair
    33  capital improvement account (32208).
    34    4.  Upon  request  of  the commissioner of the division of housing and
    35  community renewal, up to $6,221,000 from revenues credited to any  divi-
    36  sion  of  housing and community renewal federal or miscellaneous special
    37  revenue fund to the miscellaneous special revenue fund, housing indirect
    38  cost recovery account (22090).
    39    5. Upon request of the commissioner of the  division  of  housing  and
    40  community  renewal, up to $5,500,000 may be transferred from any miscel-
    41  laneous special revenue  fund  account,  to  any  miscellaneous  special
    42  revenue fund.
    43    6.  Upon  request of the commissioner of health up to $13,225,000 from
    44  revenues credited to any of the department of health's  special  revenue
    45  funds, to the miscellaneous special revenue fund, administration account
    46  (21982).
    47    § 4. On or before March 31, 2021, the comptroller is hereby authorized
    48  and  directed  to  deposit  earnings  that would otherwise accrue to the
    49  general fund that are attributable to the operation of section  98-a  of
    50  the  state  finance  law, to the agencies internal service fund, banking
    51  services account (55057), for the purpose  of  meeting  direct  payments
    52  from such account.
    53    §  5.  Notwithstanding  any law to the contrary, upon the direction of
    54  the director of the budget and upon requisition by the state  university
    55  of  New  York,  the  dormitory  authority  of  the  state of New York is
    56  directed to transfer, up to $22,000,000 in revenues generated  from  the

        S. 7506--B                         226                        A. 9506--B
 
     1  sale of notes or bonds, the state university income fund general revenue
     2  account  (22653)  for  reimbursement  of  bondable equipment for further
     3  transfer to the state's general fund.
     4    §  6.  Notwithstanding any law to the contrary, and in accordance with
     5  section 4 of the state finance law, the comptroller is hereby authorized
     6  and directed to transfer, upon request of the director of the budget and
     7  upon consultation with the state university chancellor  or  his  or  her
     8  designee,  on or before March 31, 2021, up to $16,000,000 from the state
     9  university income fund general revenue  account  (22653)  to  the  state
    10  general  fund for debt service costs related to campus supported capital
    11  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    12  University at Buffalo.
    13    §  7.  Notwithstanding any law to the contrary, and in accordance with
    14  section 4 of the state finance law, the comptroller is hereby authorized
    15  and directed to transfer, upon request of the director of the budget and
    16  upon consultation with the state university chancellor  or  his  or  her
    17  designee,  on  or before March 31, 2021, up to $6,500,000 from the state
    18  university income fund general revenue  account  (22653)  to  the  state
    19  general  fund for debt service costs related to campus supported capital
    20  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    21  University at Albany.
    22    §  8.  Notwithstanding  any  law to the contrary, the state university
    23  chancellor or his or her designee is authorized and directed to transfer
    24  estimated tuition revenue balances from the state university  collection
    25  fund  (61000)  to  the  state  university  income fund, state university
    26  general revenue offset account (22655) on or before March 31, 2021.
    27    § 9. Notwithstanding any law to the contrary, and in  accordance  with
    28  section 4 of the state finance law, the comptroller is hereby authorized
    29  and directed to transfer, upon request of the director of the budget, up
    30  to  $1,022,248,300  from the general fund to the state university income
    31  fund, state university general revenue offset account (22655) during the
    32  period of July 1, 2020 through June 30, 2021 to  support  operations  at
    33  the state university.
    34    §  10. Notwithstanding any law to the contrary, and in accordance with
    35  section 4 of the state finance law, the comptroller is hereby authorized
    36  and directed to transfer, upon request of the director of the budget, up
    37  to $20,000,000 from the general fund  to  the  state  university  income
    38  fund, state university general revenue offset account (22655) during the
    39  period  of  July  1,  2020 to June 30, 2021 to support operations at the
    40  state university in accordance with the maintenance of  effort  pursuant
    41  to  subparagraph  (4)  of paragraph h of subdivision 2 of section 355 of
    42  the education law.
    43    § 11. Notwithstanding any law to the contrary, and in accordance  with
    44  section 4 of the state finance law, the comptroller is hereby authorized
    45  and  directed to transfer, upon request of the state university chancel-
    46  lor or his or her designee, up to $55,000,000 from the state  university
    47  income  fund,  state  university  hospitals  income reimbursable account
    48  (22656), for services and expenses of hospital  operations  and  capital
    49  expenditures at the state university hospitals; and the state university
    50  income  fund,  Long  Island  veterans' home account (22652) to the state
    51  university capital projects fund (32400) on or before June 30, 2021.
    52    § 12. Notwithstanding any law to the contrary, and in accordance  with
    53  section  4 of the state finance law, the comptroller, after consultation
    54  with the state university chancellor or his or her designee,  is  hereby
    55  authorized  and directed to transfer moneys, in the first instance, from
    56  the state university collection fund, Stony  Brook  hospital  collection

        S. 7506--B                         227                        A. 9506--B
 
     1  account (61006), Brooklyn hospital collection account (61007), and Syra-
     2  cuse  hospital collection account (61008) to the state university income
     3  fund, state university hospitals income reimbursable account (22656)  in
     4  the  event  insufficient  funds  are  available  in the state university
     5  income fund, state  university  hospitals  income  reimbursable  account
     6  (22656)  to  permit the full transfer of moneys authorized for transfer,
     7  to the general fund for payment of debt  service  related  to  the  SUNY
     8  hospitals.  Notwithstanding  any law to the contrary, the comptroller is
     9  also hereby authorized and directed, after consultation with  the  state
    10  university  chancellor  or  his or her designee, to transfer moneys from
    11  the state university income fund to the state  university  income  fund,
    12  state  university  hospitals  income reimbursable account (22656) in the
    13  event insufficient funds are available in the  state  university  income
    14  fund,  state university hospitals income reimbursable account (22656) to
    15  pay hospital operating costs or to permit the full  transfer  of  moneys
    16  authorized for transfer, to the general fund for payment of debt service
    17  related to the SUNY hospitals on or before March 31, 2021.
    18    §  13.  Notwithstanding any law to the contrary, upon the direction of
    19  the director of the budget and the chancellor of the state university of
    20  New York or his or her designee, and in accordance with section 4 of the
    21  state finance law, the comptroller is hereby authorized and directed  to
    22  transfer  monies from the state university dormitory income fund (40350)
    23  to the state university residence hall rehabilitation fund (30100),  and
    24  from  the state university residence hall rehabilitation fund (30100) to
    25  the state university dormitory income fund (40350), in an amount not  to
    26  exceed $80 million from each fund.
    27    §  14. Notwithstanding any law to the contrary, and in accordance with
    28  section 4 of the state finance law, the comptroller is hereby authorized
    29  and directed to transfer, at the request of the director of the  budget,
    30  up  to  $1  billion from the unencumbered balance of any special revenue
    31  fund or account, agency  fund  or  account,  internal  service  fund  or
    32  account,  enterprise  fund  or account, or any combination of such funds
    33  and accounts, to the general fund. The amounts transferred  pursuant  to
    34  this authorization shall be in addition to any other transfers expressly
    35  authorized  in  the  2020-21  budget. Transfers from federal funds, debt
    36  service funds, capital projects funds, the community projects  fund,  or
    37  funds  that would result in the loss of eligibility for federal benefits
    38  or federal funds pursuant to federal law, rule, or regulation as assent-
    39  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
    40  1951 are not permitted pursuant to this authorization.
    41    §  15. Notwithstanding any law to the contrary, and in accordance with
    42  section 4 of the state finance law, the comptroller is hereby authorized
    43  and directed to transfer, at the request of the director of the  budget,
    44  up  to $100 million from any non-general fund or account, or combination
    45  of funds and accounts, to the miscellaneous special revenue fund,  tech-
    46  nology  financing  account  (22207),  the miscellaneous capital projects
    47  fund, the federal capital projects account (31350), information technol-
    48  ogy capital financing account (32215),  or  the  centralized  technology
    49  services  account  (55069),  for the purpose of consolidating technology
    50  procurement and services. The amounts transferred to  the  miscellaneous
    51  special  revenue  fund, technology financing account (22207) pursuant to
    52  this authorization shall be equal to or less than  the  amount  of  such
    53  monies  intended  to  support  information  technology  costs  which are
    54  attributable, according to a plan, to such account made in pursuance  to
    55  an  appropriation  by law. Transfers to the technology financing account
    56  shall be completed  from  amounts  collected  by  non-general  funds  or

        S. 7506--B                         228                        A. 9506--B
 
     1  accounts  pursuant  to a fund deposit schedule or permanent statute, and
     2  shall be transferred to the technology financing account pursuant  to  a
     3  schedule agreed upon by the affected agency commissioner. Transfers from
     4  funds  that would result in the loss of eligibility for federal benefits
     5  or federal funds pursuant to federal law, rule, or regulation as assent-
     6  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
     7  1951 are not permitted pursuant to this authorization.
     8    §  16. Notwithstanding any law to the contrary, and in accordance with
     9  section 4 of the state finance law, the comptroller is hereby authorized
    10  and directed to transfer, at the request of the director of the  budget,
    11  up  to $400 million from any non-general fund or account, or combination
    12  of funds and accounts, to the general fund for the  purpose  of  consol-
    13  idating  technology  procurement  and  services. The amounts transferred
    14  pursuant to this authorization shall be equal to or less than the amount
    15  of such monies intended to support information  technology  costs  which
    16  are attributable, according to a plan, to such account made in pursuance
    17  to  an  appropriation  by  law.  Transfers  to the general fund shall be
    18  completed from amounts collected by non-general funds or accounts pursu-
    19  ant to a fund deposit schedule.  Transfers from funds that would  result
    20  in  the loss of eligibility for federal benefits or federal funds pursu-
    21  ant to federal law, rule, or regulation as assented to in chapter 683 of
    22  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
    23  pursuant to this authorization.
    24    §  17. Notwithstanding any provision of law to the contrary, as deemed
    25  feasible and advisable by its trustees, the power authority of the state
    26  of New York is authorized and directed to transfer to the state treasury
    27  to the credit of the general fund $20,000,000 for the state fiscal  year
    28  commencing  April  1,  2020,  the  proceeds of which will be utilized to
    29  support energy-related state activities.
    30    § 18. Notwithstanding any provision of law, rule or regulation to  the
    31  contrary,  the  New York state energy research and development authority
    32  is authorized and directed to make the following  contributions  to  the
    33  state  treasury to the credit of the general fund on or before March 31,
    34  2021: (a) $913,000; and (b) $23,000,000 from proceeds collected  by  the
    35  authority from the auction or sale of carbon dioxide emission allowances
    36  allocated by the department of environmental conservation.
    37    §  19. Notwithstanding any provision of law, rule or regulation to the
    38  contrary, the New York state energy research and  development  authority
    39  is authorized and directed to transfer five million dollars to the cred-
    40  it of the Environmental Protection Fund on or before March 31, 2021 from
    41  proceeds  collected  by the authority from the auction or sale of carbon
    42  dioxide emission allowances allocated by the department of environmental
    43  conservation.
    44    § 20. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
    45  amended  by section 21 of part TTT of chapter 59 of the laws of 2019, is
    46  amended to read as follows:
    47    5. Notwithstanding the provisions of section one hundred seventy-one-a
    48  of the tax law, as separately amended by chapters four  hundred  eighty-
    49  one  and four hundred eighty-four of the laws of nineteen hundred eight-
    50  y-one, and notwithstanding the provisions of chapter ninety-four of  the
    51  laws  of  two  thousand  eleven,  or  any other provisions of law to the
    52  contrary, during the fiscal year beginning  April  first,  two  thousand
    53  [nineteen]  twenty,  the  state  comptroller  is  hereby  authorized and
    54  directed to deposit to the fund created pursuant to  this  section  from
    55  amounts  collected  pursuant  to  article  twenty-two of the tax law and
    56  pursuant to a schedule submitted by the director of the  budget,  up  to

        S. 7506--B                         229                        A. 9506--B

     1  [$2,185,995,000] $2,073,116,000, as may be certified in such schedule as
     2  necessary  to  meet the purposes of such fund for the fiscal year begin-
     3  ning April first, two thousand [nineteen] twenty.
     4    §  21.  Notwithstanding  any  law  to the contrary, the comptroller is
     5  hereby authorized and directed to transfer, upon request of the director
     6  of the budget, on or before March 31, 2021, the following  amounts  from
     7  the  following  special  revenue  accounts  to the capital projects fund
     8  (30000), for the purposes of reimbursement to  such  fund  for  expenses
     9  related to the maintenance and preservation of state assets:
    10    1. $43,000 from the miscellaneous special revenue fund, administrative
    11  program account (21982).
    12    2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
    13  hospital account (22140).
    14    3. $366,000 from the miscellaneous special revenue fund, New York city
    15  veterans' home account (22141).
    16    4.  $513,000  from  the  miscellaneous  special revenue fund, New York
    17  state home for veterans' and their dependents at oxford account (22142).
    18    5. $159,000 from the miscellaneous special revenue fund,  western  New
    19  York veterans' home account (22143).
    20    6.  $323,000  from  the  miscellaneous  special revenue fund, New York
    21  state for veterans in the lower-hudson valley account (22144).
    22    7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
    23  services account (22163).
    24    8.  $7,300,000  from  the  miscellaneous  special  revenue fund, state
    25  university general income reimbursable account (22653).
    26    9. $132,000,000 from the miscellaneous  special  revenue  fund,  state
    27  university revenue offset account (22655).
    28    10. $48,000,000 from the state university dormitory income fund, state
    29  university dormitory income fund (40350).
    30    11. $1,000,000 from the miscellaneous special revenue fund, litigation
    31  settlement and civil recovery account (22117).
    32    § 22. Intentionally omitted.
    33    § 23. Intentionally omitted.
    34    §  24.  Section 23 of the state finance law is amended by adding a new
    35  subdivision 7 to read as follows:
    36    7. Budget balance. (a) As used in this section, such terms shall  have
    37  the following meanings:
    38    (i)   "Actual state operating funds tax receipts" shall mean the state
    39  operating fund tax receipts, reported by the state  comptroller  in  the
    40  monthly  report  to  the  legislature  on  the  state fund cash basis of
    41  accounting, prepared in  accordance  with  paragraph  a  of  subdivision
    42  nine-a  of  section  eight  of this chapter,   immediately following the
    43  measurement period;
    44    (ii) "Actual state operating funds disbursements" shall mean the state
    45  operating funds disbursements, reported by the state comptroller in  the
    46  monthly  report  to  the  legislature  on  the  state fund cash basis of
    47  accounting, prepared in  accordance  with  paragraph  a  of  subdivision
    48  nine-a of section eight of this chapter, immediately following the meas-
    49  urement  period.  Such  disbursements  shall  be adjusted to include any
    50  amounts withheld pursuant to this section or any other payment reduction
    51  authorized by law, including, but not  limited  to,  payment  reductions
    52  authorized by a chapter of the laws of two thousand twenty making appro-
    53  priations for aid-to-localities.
    54    (iii)  "Estimated  state  operating funds tax receipts" shall mean the
    55  state operating funds tax receipts estimated to be received  during  the
    56  measurement period by the division of the budget in the financial plan.

        S. 7506--B                         230                        A. 9506--B
 
     1    (iv)  "Estimated  state  operating funds disbursements" shall mean the
     2  state operating funds disbursements, estimated to  be  made  during  the
     3  measurement period by the division of the budget in the financial plan.
     4    (v) "Financial plan" shall mean a financial plan prepared by the divi-
     5  sion  of  the  budget pursuant to section twenty-two of this article and
     6  this section and used for the measurement period.
     7    (vi) "Measurement period" shall mean the period in which  the  differ-
     8  ence  between  actual  state  operating funds tax receipts and estimated
     9  state operating funds tax receipts shall be  measured  for  purposes  of
    10  this  section.  The first measurement period shall begin on April first,
    11  two thousand twenty and end on April  thirtieth,  two  thousand  twenty.
    12  The  financial  plan  estimates  for  this period shall be the executive
    13  financial  plan  as  updated  for  governor's  amendments  and  forecast
    14  revisions  issued  in February two thousand twenty.  The second measure-
    15  ment period shall begin on May first and  end  on  June  thirtieth,  two
    16  thousand twenty. The third measurement period shall begin on July first,
    17  two  thousand  twenty and end on December thirty-first, 2020. The finan-
    18  cial plan for  the second and third measurement  periods  shall  be  the
    19  enacted  budget financial plan for the two thousand twenty--two thousand
    20  twenty-one fiscal year issued pursuant to this section.
    21    (b) The executive and the legislature shall maintain a budget that  is
    22  in  balance  in  the  general  fund  on  a cash basis of accounting. For
    23  purposes of this section, the budget shall be deemed unbalanced for  the
    24  fiscal  year  if,  during any measurement period, actual state operating
    25  funds tax receipts are less than ninety-nine percent of estimated  state
    26  operating  funds tax receipts, or actual state operating funds disburse-
    27  ments are more than one hundred and one percent of estimated state oper-
    28  ating funds disbursements, or both.
    29    (c) Notwithstanding any provision of law to the  contrary,  if,  on  a
    30  cash  basis  of accounting, a general fund imbalance has occurred during
    31  any measurement period, as defined in paragraph (a) of this subdivision,
    32  the director of the budget is hereby authorized to adjust or reduce  any
    33  general fund and/or state special revenue fund appropriation and related
    34  cash disbursement by any amount needed to maintain a balanced budget for
    35  the  two  thousand twenty--two thousand twenty-one fiscal year. Provided
    36  however that such adjustments or  reductions  shall  be  done  uniformly
    37  across-the-board to the extent practicable or by specific appropriations
    38  as  needed. Notwithstanding any other law to the contrary, to the extent
    39  any individual or entity is entitled to any cash disbursement  which  is
    40  reduced  in  accordance  with  this provision, such entitlement shall be
    41  adjusted or reduced commensurate with adjustments or reductions made  by
    42  the director of the budget in accordance with this subdivision.
    43    (d)  The  following  types of appropriations shall be exempt from such
    44  reduction pursuant to this subdivision: (i) public  assistance  payments
    45  for  families  and individuals and payments for eligible aged, blind and
    46  disabled persons related  to  supplemental  social  security;  (ii)  any
    47  reductions  that  would  violate  federal  law;  (iii)  payments of debt
    48  service and related expenses for which  the  state  is  constitutionally
    49  obligated  to pay debt service or is contractually obligated to pay debt
    50  service, subject to an appropriation, including where the  state  has  a
    51  contingent  contractual obligation; and (iv) payments the state is obli-
    52  gated to make pursuant to court orders or judgments.
    53    (e) Prior to any such adjustments or reductions, the director  of  the
    54  budget  shall notify in writing the chairs of the senate finance commit-
    55  tee and assembly ways and means committee. The  legislature  shall  then
    56  have  ten  days  following  the  receipt of such written notification to

        S. 7506--B                         231                        A. 9506--B
 
     1  either prepare its own plan, which may be adopted by  concurrent  resol-
     2  ution passed by both houses and implemented by the division of the budg-
     3  et,  or  if  after ten days the legislature fails to adopt its own plan,
     4  the reductions to the general fund and state special revenue fund aid to
     5  localities  appropriations  and  related disbursements identified in the
     6  division of the budget plan will go into effect automatically.
     7    (f) Any reductions to general fund and state special revenue fund  aid
     8  to  localities appropriations and related cash disbursements made pursu-
     9  ant to this section may be paid in full or in part if one or both of the
    10  following events occur: (i) actual state operating  funds  tax  receipts
    11  through  February  twenty-eighth,  two  thousand twenty-one are not less
    12  than  ninety-eight  percent  of  estimated  state  operating  funds  tax
    13  receipts  through  February  twenty-eighth,  two thousand twenty-one; or
    14  (ii) the federal government provides aid that the director of the budget
    15  deems sufficient to reduce or eliminate the  imbalance  in  the  general
    16  fund  for  the  two thousand twenty--twenty-one fiscal year and does not
    17  adversely impact the budget gap in the two thousand  twenty-one--twenty-
    18  two  fiscal  year.    No  such payments shall be made in part or in full
    19  until  the  director  of  the budget  certifies that: the  general  fund
    20  has resources sufficient to make all planned payments anticipated in the
    21  financial  plan  including  tax refunds, without the issuance of deficit
    22  bonds or notes or extraordinary cash  management actions;  the  balances
    23  in  the tax stabilization reserve and rainy day reserve  (together,  the
    24  "rainy  day reserves") have been restored to a level equal to the  level
    25  as  of  the  start of the   fiscal  year;  and other designated balances
    26  have been maintained, as provided by law.
    27    § 25. Subdivision 6 of section 4 of the state finance law, as  amended
    28  by  section 25 of part BBB of chapter 59 of the laws of 2018, is amended
    29  to read as follows:
    30    6. Notwithstanding any law to the contrary, at the  beginning  of  the
    31  state  fiscal  year,  the  state  comptroller  is  hereby authorized and
    32  directed to receive for deposit to  the  credit  of  a  fund  and/or  an
    33  account  such  monies as are identified by the director of the budget as
    34  having been intended for such deposit to support disbursements from such
    35  fund and/or account made in pursuance of an  appropriation  by  law.  As
    36  soon  as  practicable  upon enactment of the budget, the director of the
    37  budget shall,  but  not  less  than  three  days  following  preliminary
    38  submission  to the chairs of the senate finance committee and the assem-
    39  bly ways and means committee, file with the state comptroller  an  iden-
    40  tification  of specific monies to be so deposited. Any subsequent change
    41  regarding the monies to be so deposited shall be filed by  the  director
    42  of  the  budget,  as  soon  as practicable, but not less than three days
    43  following preliminary submission to the chairs  of  the  senate  finance
    44  committee and the assembly ways and means committee.
    45    All monies identified by the director of the budget to be deposited to
    46  the  credit of a fund and/or account shall be consistent with the intent
    47  of the budget for the then current state fiscal year as enacted  by  the
    48  legislature.
    49    The provisions of this subdivision shall expire on March thirty-first,
    50  two thousand [twenty] twenty-two.
    51    § 26. Subdivision 4 of section 40 of the state finance law, as amended
    52  by  section 26 of part BBB of chapter 59 of the laws of 2018, is amended
    53  to read as follows:
    54    4. Every appropriation made from a fund or account to a department  or
    55  agency shall be available for the payment of prior years' liabilities in
    56  such fund or account for fringe benefits, indirect costs, and telecommu-

        S. 7506--B                         232                        A. 9506--B
 
     1  nications  expenses  and  expenses  for  other centralized services fund
     2  programs without limit. Every appropriation shall also be available  for
     3  the  payment  of  prior  years'  liabilities  other than those indicated
     4  above,  but  only  to the extent of one-half of one percent of the total
     5  amount appropriated to a department or agency in such fund or account.
     6    The provisions of this subdivision shall  expire  March  thirty-first,
     7  two thousand [twenty] twenty-two.
     8    §  26-a.  Subdivision  5  of  section  4  of the state finance law, as
     9  amended by section 16 of part PP of chapter 56 of the laws of  2009,  is
    10  amended to read as follows:
    11    5.  No  money  or  other  financial  resources shall be transferred or
    12  temporarily loaned from one fund to another without  specific  statutory
    13  authorization  for such transfer or temporary loan, except that money or
    14  other financial resources of a fund may be  temporarily  loaned  to  the
    15  general  fund during the state fiscal year provided that such loan shall
    16  be repaid in full no later than [(a) four months after it  was  made  or
    17  (b) by] the end of the same fiscal year in which it was made, [whichever
    18  period  is shorter,] so that an accurate accounting and reporting of the
    19  balance of financial resources in each fund may be made. The comptroller
    20  is hereby authorized to temporarily loan money from the general fund  or
    21  any  other  fund  to  the fund/accounts that are authorized to receive a
    22  loan. Such loans shall be limited to the amounts immediately required to
    23  meet disbursements, made in pursuance of an  appropriation  by  law  and
    24  authorized  by  a  certificate of approval issued by the director of the
    25  budget with copies thereof filed with the comptroller and the  chair  of
    26  the  senate  finance  committee  and  the chair of the assembly ways and
    27  means committee. The director of the  budget  shall  not  issue  such  a
    28  certificate  unless  he or she shall have determined that the amounts to
    29  be so loaned are receivable on account. When  making  loans,  the  comp-
    30  troller  shall  establish  appropriate  accounts  and if the loan is not
    31  repaid by the end of the month, provide on or before the  fifteenth  day
    32  of  the  following month to the director of the budget, the chair of the
    33  senate finance committee and the chair of the assembly  ways  and  means
    34  committee,  an accurate accounting and report of the financial resources
    35  of each such fund at the end of such  month.  Within  ten  days  of  the
    36  receipt  of  such  accounting  and reporting, the director of the budget
    37  shall provide the comptroller  and  the  chair  of  the  senate  finance
    38  committee  and  the  chair  of  the assembly ways and means committee an
    39  expected schedule of repayment by fund and by source for each  outstand-
    40  ing loan. Repayment shall be made by the comptroller from the first cash
    41  receipt of this fund.
    42    §  27.  Notwithstanding  any  other  law,  rule,  or regulation to the
    43  contrary, the state comptroller is hereby authorized and directed to use
    44  any balance remaining in the mental health services  fund  debt  service
    45  appropriation, after payment by the state comptroller of all obligations
    46  required pursuant to any lease, sublease, or other financing arrangement
    47  between the dormitory authority of the state of New York as successor to
    48  the  New  York  state  medical  care  facilities finance agency, and the
    49  facilities development corporation pursuant to chapter 83 of the laws of
    50  1995 and the department of mental hygiene  for  the  purpose  of  making
    51  payments  to  the  dormitory  authority of the state of New York for the
    52  amount of the earnings for the investment of  monies  deposited  in  the
    53  mental health services fund that such agency determines will or may have
    54  to  be  rebated  to the federal government pursuant to the provisions of
    55  the internal revenue code of 1986, as amended, in order to  enable  such
    56  agency  to  maintain  the  exemption from federal income taxation on the

        S. 7506--B                         233                        A. 9506--B
 
     1  interest paid to the holders of such agency's mental services facilities
     2  improvement revenue bonds. Annually on or before each  June  30th,  such
     3  agency  shall  certify to the state comptroller its determination of the
     4  amounts  received  in the mental health services fund as a result of the
     5  investment of monies deposited therein that  will  or  may  have  to  be
     6  rebated  to  the  federal  government  pursuant to the provisions of the
     7  internal revenue code of 1986, as amended.
     8    § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
     9  of 1997, relating  to  the  financing  of  the  correctional  facilities
    10  improvement  fund and the youth facility improvement fund, as amended by
    11  section 28 of part TTT of chapter 59 of the laws of 2019, is amended  to
    12  read as follows:
    13    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    14  notwithstanding the provisions of section 18 of section 1 of chapter 174
    15  of the laws of 1968, the New York state urban development corporation is
    16  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    17  aggregate  principal  amount  not  to exceed [eight billion four hundred
    18  ninety-four million nine hundred seventy-nine  thousand]  eight  billion
    19  eight hundred seventeen million two hundred ninety-nine thousand dollars
    20  [$8,494,979,000]  $8,817,299,000, and shall include all bonds, notes and
    21  other obligations issued pursuant to chapter 56 of the laws of 1983,  as
    22  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
    23  obligations shall be paid to the state, for deposit in the  correctional
    24  facilities capital improvement fund to pay for all or any portion of the
    25  amount  or  amounts paid by the state from appropriations or reappropri-
    26  ations made to the department of corrections and  community  supervision
    27  from  the  correctional  facilities capital improvement fund for capital
    28  projects. The aggregate amount of  bonds,  notes  or  other  obligations
    29  authorized  to  be  issued pursuant to this section shall exclude bonds,
    30  notes or other obligations issued to refund or  otherwise  repay  bonds,
    31  notes  or  other  obligations  theretofore issued, the proceeds of which
    32  were paid to the state for all or a portion of the amounts  expended  by
    33  the state from appropriations or reappropriations made to the department
    34  of  corrections  and community supervision; provided, however, that upon
    35  any such refunding or repayment the total aggregate principal amount  of
    36  outstanding bonds, notes or other obligations may be greater than [eight
    37  billion four hundred ninety-four million nine hundred seventy-nine thou-
    38  sand]  eight billion eight hundred seventeen million two hundred ninety-
    39  nine thousand dollars [$8,494,979,000] $8,817,299,000, only if the pres-
    40  ent value of the aggregate debt service of the  refunding  or  repayment
    41  bonds,  notes  or  other  obligations  to be issued shall not exceed the
    42  present value of the aggregate debt service of the bonds, notes or other
    43  obligations so to be refunded or repaid. For the  purposes  hereof,  the
    44  present  value  of the aggregate debt service of the refunding or repay-
    45  ment bonds, notes or other obligations and of the aggregate debt service
    46  of the bonds, notes or other obligations so refunded or repaid, shall be
    47  calculated by utilizing the effective interest rate of the refunding  or
    48  repayment  bonds,  notes  or other obligations, which shall be that rate
    49  arrived at by doubling the semi-annual interest rate  (compounded  semi-
    50  annually) necessary to discount the debt service payments on the refund-
    51  ing  or  repayment  bonds,  notes  or other obligations from the payment
    52  dates thereof to the date of issue of the refunding or repayment  bonds,
    53  notes  or  other  obligations  and  to the price bid including estimated
    54  accrued interest or proceeds received by the corporation including esti-
    55  mated accrued interest from the sale thereof.

        S. 7506--B                         234                        A. 9506--B
 
     1    § 29. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
     2  laws  of  2005,  relating to providing for the administration of certain
     3  funds and accounts related  to  the  2005-2006  budget,  as  amended  by
     4  section  32 of part TTT of chapter 59 of the laws of 2019, is amended to
     5  read as follows:
     6    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
     7  notwithstanding any provisions of law to the contrary, the urban  devel-
     8  opment  corporation  is hereby authorized to issue bonds or notes in one
     9  or more series in an aggregate  principal  amount  not  to  exceed  [two
    10  hundred  seventy-one million six hundred thousand] three hundred twenty-
    11  three million one hundred thousand dollars [$271,600,000]  $323,100,000,
    12  excluding  bonds  issued  to  finance  one  or more debt service reserve
    13  funds, to pay costs of issuance of such bonds, and bonds or notes issued
    14  to refund or otherwise repay such bonds or notes previously issued,  for
    15  the  purpose  of financing capital projects including IT initiatives for
    16  the division of state police, debt service and leases; and to  reimburse
    17  the  state  general fund for disbursements made therefor. Such bonds and
    18  notes of such authorized issuer shall not be a debt of  the  state,  and
    19  the  state shall not be liable thereon, nor shall they be payable out of
    20  any funds other than those appropriated by the state to such  authorized
    21  issuer  for  debt  service  and related expenses pursuant to any service
    22  contract executed pursuant to subdivision (b) of this section  and  such
    23  bonds  and  notes  shall contain on the face thereof a statement to such
    24  effect. Except for purposes of complying with the internal revenue code,
    25  any interest income earned on bond proceeds shall only be  used  to  pay
    26  debt service on such bonds.
    27    §  30.  Subdivision 3 of section 1285-p of the public authorities law,
    28  as amended by section 35 of part TTT of chapter 59 of the laws of  2019,
    29  is amended to read as follows:
    30    3.  The  maximum amount of bonds that may be issued for the purpose of
    31  financing  environmental  infrastructure  projects  authorized  by  this
    32  section  shall  be  [five  billion  six hundred thirty-eight million ten
    33  thousand] six billion three hundred seventy-four  million  ten  thousand
    34  dollars  [$5,638,010,000]  $6,374,010,000,  exclusive of bonds issued to
    35  fund any debt service reserve funds,  pay  costs  of  issuance  of  such
    36  bonds,  and  bonds or notes issued to refund or otherwise repay bonds or
    37  notes previously issued. Such bonds and notes of the  corporation  shall
    38  not  be  a debt of the state, and the state shall not be liable thereon,
    39  nor shall they be payable out of any funds other than those appropriated
    40  by the state to the corporation for debt service  and  related  expenses
    41  pursuant  to  any service contracts executed pursuant to subdivision one
    42  of this section, and such bonds and notes  shall  contain  on  the  face
    43  thereof a statement to such effect.
    44    §  31.    Subdivision (a) of section 48 of part K of chapter 81 of the
    45  laws of 2002, relating to providing for the  administration  of  certain
    46  funds  and  accounts  related  to  the  2002-2003  budget, as amended by
    47  section 36 of part TTT of chapter 59 of the laws of 2019, is amended  to
    48  read as follows:
    49    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
    50  notwithstanding the provisions of section 18 of  the  urban  development
    51  corporation  act, the corporation is hereby authorized to issue bonds or
    52  notes in one or more series in an  aggregate  principal  amount  not  to
    53  exceed  [two  hundred eighty-six million] three hundred fourteen million
    54  dollars [$286,000,000] $314,000,000, excluding bonds issued to fund  one
    55  or  more  debt  service  reserve funds, to pay costs of issuance of such
    56  bonds, and bonds or notes issued to refund or otherwise repay such bonds

        S. 7506--B                         235                        A. 9506--B
 
     1  or notes previously issued, for the purpose of financing  capital  costs
     2  related to homeland security and training facilities for the division of
     3  state  police, the division of military and naval affairs, and any other
     4  state agency, including the reimbursement of any disbursements made from
     5  the state capital projects fund, and is hereby authorized to issue bonds
     6  or  notes  in one or more series in an aggregate principal amount not to
     7  exceed [$952,800,000 nine hundred fifty-two million eight hundred  thou-
     8  sand]  $1,115,800,000  one  billion  one  hundred  fifteen million eight
     9  hundred thousand dollars, excluding bonds issued to  fund  one  or  more
    10  debt  service reserve funds, to pay costs of issuance of such bonds, and
    11  bonds or notes issued to refund or otherwise repay such bonds  or  notes
    12  previously  issued,  for  the purpose of financing improvements to State
    13  office buildings and other facilities located statewide,  including  the
    14  reimbursement  of any disbursements made from the state capital projects
    15  fund. Such bonds and notes of the corporation shall not be a debt of the
    16  state, and the state shall not be liable  thereon,  nor  shall  they  be
    17  payable  out  of any funds other than those appropriated by the state to
    18  the corporation for debt service and related expenses  pursuant  to  any
    19  service  contracts executed pursuant to subdivision (b) of this section,
    20  and such bonds and notes shall contain on the face thereof  a  statement
    21  to such effect.
    22    §  32.  Paragraph  (c) of subdivision 19 of section 1680 of the public
    23  authorities law, as amended by section 38 of part TTT of chapter  59  of
    24  the laws of 2019, is amended to read as follows:
    25    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    26  thousand,  the  dormitory  authority shall not issue any bonds for state
    27  university educational facilities purposes if the  principal  amount  of
    28  bonds to be issued when added to the aggregate principal amount of bonds
    29  issued  by  the  dormitory  authority  on and after July first, nineteen
    30  hundred eighty-eight for state university  educational  facilities  will
    31  exceed  [thirteen  billion eight hundred forty-one million eight hundred
    32  sixty-four thousand] fourteen billion seven  hundred  forty-one  million
    33  eight    hundred    sixty-four    thousand   dollars   [$13,841,864,000]
    34  $14,741,864,000; provided, however, that bonds issued or  to  be  issued
    35  shall  be excluded from such limitation if: (1) such bonds are issued to
    36  refund  state  university  construction  bonds  and   state   university
    37  construction  notes  previously issued by the housing finance agency; or
    38  (2) such bonds are issued to refund bonds  of  the  authority  or  other
    39  obligations  issued for state university educational facilities purposes
    40  and the present value of the aggregate debt  service  on  the  refunding
    41  bonds does not exceed the present value of the aggregate debt service on
    42  the bonds refunded thereby; provided, further that upon certification by
    43  the director of the budget that the issuance of refunding bonds or other
    44  obligations  issued between April first, nineteen hundred ninety-two and
    45  March thirty-first, nineteen hundred  ninety-three  will  generate  long
    46  term  economic  benefits  to  the  state, as assessed on a present value
    47  basis, such issuance will be deemed to have met the present  value  test
    48  noted  above. For purposes of this subdivision, the present value of the
    49  aggregate debt service of the refunding bonds  and  the  aggregate  debt
    50  service of the bonds refunded, shall be calculated by utilizing the true
    51  interest  cost  of the refunding bonds, which shall be that rate arrived
    52  at by doubling the semi-annual interest rate (compounded  semi-annually)
    53  necessary  to  discount the debt service payments on the refunding bonds
    54  from the payment dates thereof to the date of  issue  of  the  refunding
    55  bonds  to  the purchase price of the refunding bonds, including interest
    56  accrued thereon prior to the issuance  thereof.  The  maturity  of  such

        S. 7506--B                         236                        A. 9506--B
 
     1  bonds,  other  than  bonds issued to refund outstanding bonds, shall not
     2  exceed the weighted average economic life, as  certified  by  the  state
     3  university construction fund, of the facilities in connection with which
     4  the  bonds  are  issued,  and  in any case not later than the earlier of
     5  thirty years or the expiration of the term of  any  lease,  sublease  or
     6  other  agreement  relating  thereto;  provided  that  no note, including
     7  renewals thereof, shall mature later than five years after the  date  of
     8  issuance  of  such  note. The legislature reserves the right to amend or
     9  repeal such limit, and the state of New York, the  dormitory  authority,
    10  the  state university of New York, and the state university construction
    11  fund are prohibited from covenanting or making any other agreements with
    12  or for the benefit of bondholders which might in  any  way  affect  such
    13  right.
    14    §  33.  Paragraph  (c) of subdivision 14 of section 1680 of the public
    15  authorities law, as amended by section 39 of part TTT of chapter  59  of
    16  the laws of 2019, is amended to read as follows:
    17    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    18  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
    19  bonds for city university community college facilities, except to refund
    20  or to be substituted for or in lieu of other bonds in relation  to  city
    21  university  community college facilities pursuant to a resolution of the
    22  dormitory authority adopted before July first, nineteen hundred  eighty-
    23  five  or any resolution supplemental thereto, if the principal amount of
    24  bonds so to be issued when added  to  all  principal  amounts  of  bonds
    25  previously  issued by the dormitory authority for city university commu-
    26  nity college facilities, except to refund or to be substituted  in  lieu
    27  of  other bonds in relation to city university community college facili-
    28  ties will exceed the sum of four hundred twenty-five million dollars and
    29  (ii) the dormitory authority shall not deliver a series of bonds  issued
    30  for  city university facilities, including community college facilities,
    31  pursuant to a resolution of the dormitory authority adopted on or  after
    32  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
    33  substituted for or in lieu of other bonds in relation to city university
    34  facilities and except for bonds issued pursuant to a resolution  supple-
    35  mental  to a resolution of the dormitory authority adopted prior to July
    36  first, nineteen hundred eighty-five, if the principal amount of bonds so
    37  to be issued when added to the  principal  amount  of  bonds  previously
    38  issued pursuant to any such resolution, except bonds issued to refund or
    39  to  be  substituted  for  or  in lieu of other bonds in relation to city
    40  university facilities, will exceed [eight billion six  hundred  seventy-
    41  four  million  two  hundred fifty-six thousand] nine billion two hundred
    42  twenty-two   million   seven   hundred   thirty-two   thousand   dollars
    43  [$8,674,256,000]  $9,222,732,000.  The legislature reserves the right to
    44  amend or repeal such limit, and the state of  New  York,  the  dormitory
    45  authority,  the city university, and the fund are prohibited from coven-
    46  anting or making any other agreements with or for the benefit  of  bond-
    47  holders which might in any way affect such right.
    48    §  34. Subdivision 10-a of section 1680 of the public authorities law,
    49  as amended by section 40 of part TTT of chapter 59 of the laws of  2019,
    50  is amended to read as follows:
    51    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
    52  two thousand, but notwithstanding any other provision of the law to  the
    53  contrary, the maximum amount of bonds and notes to be issued after March
    54  thirty-first,  two  thousand two, on behalf of the state, in relation to
    55  any locally sponsored community college,  shall  be  [one  billion  five
    56  million  six  hundred  two  thousand]  one billion fifty-one million six

        S. 7506--B                         237                        A. 9506--B
 
     1  hundred forty thousand  dollars  [$1,005,602,000]  $1,051,640,000.  Such
     2  amount  shall be exclusive of bonds and notes issued to fund any reserve
     3  fund or funds, costs of issuance and to refund any outstanding bonds and
     4  notes,  issued  on  behalf of the state, relating to a locally sponsored
     5  community college.
     6    § 35. Subdivision 1 of section 17 of part D of chapter 389 of the laws
     7  of 1997, relating  to  the  financing  of  the  correctional  facilities
     8  improvement  fund and the youth facility improvement fund, as amended by
     9  section 41 of part TTT of chapter 59 of the laws of 2019, is amended  to
    10  read as follows:
    11    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    12  notwithstanding the provisions of section 18 of section 1 of chapter 174
    13  of the laws of 1968, the New York state urban development corporation is
    14  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    15  aggregate  principal  amount  not  to  exceed eight hundred [four] forty
    16  million [six] three  hundred  fifteen  thousand  dollars  [$804,615,000]
    17  $840,315,000,  which  authorization  increases  the  aggregate principal
    18  amount of bonds, notes and other obligations authorized by section 40 of
    19  chapter 309 of the laws of 1996, and shall include all bonds, notes  and
    20  other obligations issued pursuant to chapter 211 of the laws of 1990, as
    21  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
    22  obligations shall be paid to the state, for deposit in the youth facili-
    23  ties improvement fund, to pay for all or any portion of  the  amount  or
    24  amounts  paid  by the state from appropriations or reappropriations made
    25  to the office of children and family services from the youth  facilities
    26  improvement  fund  for  capital projects. The aggregate amount of bonds,
    27  notes and other obligations authorized to be  issued  pursuant  to  this
    28  section shall exclude bonds, notes or other obligations issued to refund
    29  or otherwise repay bonds, notes or other obligations theretofore issued,
    30  the proceeds of which were paid to the state for all or a portion of the
    31  amounts  expended  by  the state from appropriations or reappropriations
    32  made to the office of children and family services;  provided,  however,
    33  that  upon any such refunding or repayment the total aggregate principal
    34  amount of outstanding bonds, notes or other obligations may  be  greater
    35  than  eight  hundred  [four]  forty  million [six] three hundred fifteen
    36  thousand dollars [$804,615,000] $840,315,000, only if the present  value
    37  of the aggregate debt service of the refunding or repayment bonds, notes
    38  or  other obligations to be issued shall not exceed the present value of
    39  the aggregate debt service of the bonds, notes or other  obligations  so
    40  to  be refunded or repaid. For the purposes hereof, the present value of
    41  the aggregate debt service of the refunding or repayment bonds, notes or
    42  other obligations and of the aggregate debt service of the bonds,  notes
    43  or  other  obligations  so  refunded  or  repaid, shall be calculated by
    44  utilizing the effective interest rate  of  the  refunding  or  repayment
    45  bonds,  notes  or other obligations, which shall be that rate arrived at
    46  by doubling the semi-annual  interest  rate  (compounded  semi-annually)
    47  necessary  to  discount  the  debt  service payments on the refunding or
    48  repayment bonds, notes or other obligations from the payment dates ther-
    49  eof to the date of issue of the refunding or repayment bonds,  notes  or
    50  other  obligations  and  to  the  price  bid including estimated accrued
    51  interest or proceeds received by  the  corporation  including  estimated
    52  accrued interest from the sale thereof.
    53    §  36.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
    54  chapter 392 of the laws of 1973, constituting the New York state medical
    55  care facilities finance agency act, as amended by section 42 of part TTT
    56  of chapter 59 of the laws of 2019, is amended to read as follows:

        S. 7506--B                         238                        A. 9506--B
 
     1    b. The agency shall have power and is hereby authorized from  time  to
     2  time  to  issue negotiable bonds and notes in conformity with applicable
     3  provisions of the uniform commercial code in such principal  amount  as,
     4  in  the  opinion  of  the  agency, shall be necessary, after taking into
     5  account  other moneys which may be available for the purpose, to provide
     6  sufficient funds to  the  facilities  development  corporation,  or  any
     7  successor agency, for the financing or refinancing of or for the design,
     8  construction, acquisition, reconstruction, rehabilitation or improvement
     9  of  mental  health  services  facilities pursuant to paragraph a of this
    10  subdivision, the payment of interest on mental health services  improve-
    11  ment  bonds and mental health services improvement notes issued for such
    12  purposes, the establishment of reserves to secure such bonds and  notes,
    13  the  cost  or  premium  of  bond insurance or the costs of any financial
    14  mechanisms which may be used to reduce the debt service  that  would  be
    15  payable  by the agency on its mental health services facilities improve-
    16  ment bonds and notes and all other expenditures of the  agency  incident
    17  to  and  necessary or convenient to providing the facilities development
    18  corporation, or any successor agency, with funds for  the  financing  or
    19  refinancing of or for any such design, construction, acquisition, recon-
    20  struction, rehabilitation or improvement and for the refunding of mental
    21  hygiene improvement bonds issued pursuant to section 47-b of the private
    22  housing  finance law; provided, however, that the agency shall not issue
    23  mental health services facilities improvement bonds  and  mental  health
    24  services  facilities  improvement notes in an aggregate principal amount
    25  exceeding [nine billion three hundred thirty-three million three hundred
    26  eight thousand] nine  billion  nine  hundred  twenty-seven  million  two
    27  hundred  seventy-six  thousand  dollars [$9,333,308,000] $9,927,276,000,
    28  excluding mental health services facilities improvement bonds and mental
    29  health services facilities improvement notes issued to refund  outstand-
    30  ing  mental  health  services  facilities  improvement  bonds and mental
    31  health services facilities improvement notes;  provided,  however,  that
    32  upon  any  such refunding or repayment of mental health services facili-
    33  ties improvement bonds and/or mental health services facilities improve-
    34  ment notes the total aggregate principal amount  of  outstanding  mental
    35  health  services  facilities improvement bonds and mental health facili-
    36  ties improvement notes may be greater than [nine billion  three  hundred
    37  thirty-three  million  three  hundred  eight thousand] nine billion nine
    38  hundred twenty-seven million two hundred  seventy-six  thousand  dollars
    39  [$9,333,308,000] $9,927,276,000, only if, except as hereinafter provided
    40  with  respect  to  mental  health  services  facilities bonds and mental
    41  health  services  facilities  notes  issued  to  refund  mental  hygiene
    42  improvement  bonds authorized to be issued pursuant to the provisions of
    43  section 47-b of the private housing finance law, the  present  value  of
    44  the  aggregate  debt  service  of the refunding or repayment bonds to be
    45  issued shall not exceed the present value of the aggregate debt  service
    46  of  the bonds to be refunded or repaid. For purposes hereof, the present
    47  values of the aggregate debt  service  of  the  refunding  or  repayment
    48  bonds,  notes  or other obligations and of the aggregate debt service of
    49  the bonds, notes or other obligations so refunded or  repaid,  shall  be
    50  calculated  by utilizing the effective interest rate of the refunding or
    51  repayment bonds, notes or other obligations, which shall  be  that  rate
    52  arrived  at  by doubling the semi-annual interest rate (compounded semi-
    53  annually) necessary to discount the debt service payments on the refund-
    54  ing or repayment bonds, notes or  other  obligations  from  the  payment
    55  dates  thereof to the date of issue of the refunding or repayment bonds,
    56  notes or other obligations and to  the  price  bid  including  estimated

        S. 7506--B                         239                        A. 9506--B
 
     1  accrued  interest  or proceeds received by the authority including esti-
     2  mated accrued interest from the sale thereof.  Such  bonds,  other  than
     3  bonds  issued  to refund outstanding bonds, shall be scheduled to mature
     4  over  a  term not to exceed the average useful life, as certified by the
     5  facilities development corporation, of the projects for which the  bonds
     6  are  issued, and in any case shall not exceed thirty years and the maxi-
     7  mum maturity of notes or any renewals  thereof  shall  not  exceed  five
     8  years from the date of the original issue of such notes. Notwithstanding
     9  the  provisions  of this section, the agency shall have the power and is
    10  hereby authorized to issue mental health services facilities improvement
    11  bonds and/or mental health  services  facilities  improvement  notes  to
    12  refund  outstanding  mental  hygiene  improvement bonds authorized to be
    13  issued pursuant to the provisions of section 47-b of the private housing
    14  finance law and the amount of  bonds  issued  or  outstanding  for  such
    15  purposes shall not be included for purposes of determining the amount of
    16  bonds  issued pursuant to this section. The director of the budget shall
    17  allocate the aggregate principal authorized to be issued by  the  agency
    18  among  the office of mental health, office for people with developmental
    19  disabilities,  and  the  office  of  [alcoholism  and  substance   abuse
    20  services]  addiction  services  and supports, in consultation with their
    21  respective commissioners to finance bondable  appropriations  previously
    22  approved by the legislature.
    23    §  37.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
    24  laws of 2005, relating to providing for the  administration  of  certain
    25  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
    26  section 43 of part TTT of chapter 59 of the laws of 2019, is amended  to
    27  read as follows:
    28    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    29  notwithstanding any provisions of law  to  the  contrary,  one  or  more
    30  authorized  issuers  as defined by section 68-a of the state finance law
    31  are hereby authorized to issue bonds or notes in one or more  series  in
    32  an  aggregate  principal  amount  not to exceed [ninety-two million] one
    33  hundred fifty-seven million dollars [$92,000,000] $157,000,000,  exclud-
    34  ing  bonds  issued to finance one or more debt service reserve funds, to
    35  pay costs of issuance of such bonds, and bonds or notes issued to refund
    36  or otherwise repay such  bonds  or  notes  previously  issued,  for  the
    37  purpose  of  financing capital projects for public protection facilities
    38  in the Division of Military and Naval Affairs, debt service and  leases;
    39  and to reimburse the state general fund for disbursements made therefor.
    40  Such  bonds  and  notes of such authorized issuer shall not be a debt of
    41  the state, and the state shall not be liable thereon, nor shall they  be
    42  payable  out  of any funds other than those appropriated by the state to
    43  such authorized issuer for debt service and related expenses pursuant to
    44  any service contract  executed  pursuant  to  subdivision  (b)  of  this
    45  section  and  such  bonds  and notes shall contain on the face thereof a
    46  statement to such effect. Except for  purposes  of  complying  with  the
    47  internal revenue code, any interest income earned on bond proceeds shall
    48  only be used to pay debt service on such bonds.
    49    §  38.  Section  53  of  section 1 of chapter 174 of the laws of 1968,
    50  constituting the New York state urban development  corporation  act,  as
    51  added  by  section  46 of part TTT of chapter 59 of the laws of 2019, is
    52  amended to read as follows:
    53    § 53. 1. Notwithstanding the  provisions  of  any  other  law  to  the
    54  contrary,  the dormitory authority and the urban development corporation
    55  are hereby authorized to issue bonds or notes in one or more series  for
    56  the  purpose  of funding project costs for the acquisition of equipment,

        S. 7506--B                         240                        A. 9506--B
 
     1  including but not limited to the creation or modernization  of  informa-
     2  tion  technology systems and related research and development equipment,
     3  health and safety equipment, heavy equipment and machinery, the creation
     4  or  improvement  of security systems, and laboratory equipment and other
     5  state costs associated with such capital projects. The aggregate princi-
     6  pal amount of bonds authorized to be issued  pursuant  to  this  section
     7  shall not exceed [ninety-three million] one hundred ninety-three million
     8  dollars  [$93,000,000]  $193,000,000, excluding bonds issued to fund one
     9  or more debt service reserve funds, to pay costs  of  issuance  of  such
    10  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    11  or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
    12  authority and the urban development corporation shall not be a  debt  of
    13  the  state, and the state shall not be liable thereon, nor shall they be
    14  payable out of any funds other than those appropriated by the  state  to
    15  the  dormitory authority and the urban development corporation for prin-
    16  cipal, interest, and related expenses pursuant to a service contract and
    17  such bonds and notes shall contain on the face thereof  a  statement  to
    18  such  effect. Except for purposes of complying with the internal revenue
    19  code, any interest income earned on bond proceeds shall only be used  to
    20  pay debt service on such bonds.
    21    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    22  order to assist the dormitory authority and the urban development corpo-
    23  ration in undertaking the financing for project costs for  the  acquisi-
    24  tion  of equipment, including but not limited to the creation or modern-
    25  ization of information  technology  systems  and  related  research  and
    26  development  equipment, health and safety equipment, heavy equipment and
    27  machinery, the creation or improvement of security systems, and  labora-
    28  tory  equipment  and  other  state  costs  associated  with such capital
    29  projects, the director of the budget is hereby authorized to enter  into
    30  one or more service contracts with the dormitory authority and the urban
    31  development  corporation,  none  of  which  shall exceed thirty years in
    32  duration, upon such terms and conditions as the director of  the  budget
    33  and the dormitory authority and the urban development corporation agree,
    34  so  as  to  annually  provide  to  the dormitory authority and the urban
    35  development corporation, in the aggregate, a sum not to exceed the prin-
    36  cipal, interest, and related expenses required for such bonds and notes.
    37  Any service contract entered into pursuant to this section shall provide
    38  that the obligation of the state to  pay  the  amount  therein  provided
    39  shall  not  constitute  a  debt  of  the state within the meaning of any
    40  constitutional or statutory provision and shall be deemed executory only
    41  to the extent of  monies  available  and  that  no  liability  shall  be
    42  incurred  by  the  state  beyond  the monies available for such purpose,
    43  subject to annual appropriation by the legislature. Any such contract or
    44  any payments made or to be made thereunder may be assigned  and  pledged
    45  by  the  dormitory  authority  and  the urban development corporation as
    46  security for its bonds and notes, as authorized by this section.
    47    § 39. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
    48  1991,  amending  the  state  finance  law and other laws relating to the
    49  establishment of the dedicated highway and bridge trust fund, as amended
    50  by section 1 of part K of chapter 39 of the laws of 2019, is amended  to
    51  read as follows:
    52    (b) Any service contract or contracts for projects authorized pursuant
    53  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    54  14-k of the transportation law, and entered into pursuant to subdivision
    55  (a) of this section, shall provide  for  state  commitments  to  provide
    56  annually  to  the  thruway  authority a sum or sums, upon such terms and

        S. 7506--B                         241                        A. 9506--B

     1  conditions as shall be deemed appropriate by the director of the budget,
     2  to fund, or fund the debt service requirements of any bonds or any obli-
     3  gations of the thruway authority issued to  fund  or  to  reimburse  the
     4  state  for  funding  such  projects  having a cost not in excess of [ten
     5  billion eight hundred five million seven hundred seventy-eight thousand]
     6  eleven billion three hundred forty-nine million eight  hundred  seventy-
     7  five  thousand dollars [$10,805,778,000] $11,349,875,000 cumulatively by
     8  the end of fiscal year [2019-20] 2020-21.
     9    § 40. Subdivision 1 of section 1689-i of the public  authorities  law,
    10  as  amended by section 2 of part K of chapter 39 of the laws of 2019, is
    11  amended to read as follows:
    12    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
    13  request  of  the  commissioner of education, to finance eligible library
    14  construction projects pursuant to section two hundred seventy-three-a of
    15  the education law, in amounts certified  by  such  commissioner  not  to
    16  exceed  a  total  principal amount of two hundred [fifty-one] sixty-five
    17  million dollars [$251,000,000] $265,000,000.
    18    § 41. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
    19  constituting  the  New  York state urban development corporation act, as
    20  amended by section 3 of part K of chapter 39 of the  laws  of  2019,  is
    21  amended to read as follows:
    22    §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
    23  provisions of any other law to the contrary, the dormitory authority and
    24  the corporation are hereby authorized to issue bonds or notes in one  or
    25  more  series  for  the purpose of funding project costs for the regional
    26  economic development council  initiative,  the  economic  transformation
    27  program,  state university of New York college for nanoscale and science
    28  engineering, projects within the city of Buffalo  or  surrounding  envi-
    29  rons,  the  New  York  works economic development fund, projects for the
    30  retention of professional football in western New York, the empire state
    31  economic development fund, the  clarkson-trudeau  partnership,  the  New
    32  York  genome  center, the cornell university college of veterinary medi-
    33  cine, the olympic  regional  development  authority,  projects  at  nano
    34  Utica,  onondaga  county  revitalization projects, Binghamton university
    35  school of pharmacy, New York power electronics manufacturing consortium,
    36  regional infrastructure projects,  high  tech  innovation  and  economic
    37  development   infrastructure   program,  high  technology  manufacturing
    38  projects in Chautauqua and Erie county, an industrial scale research and
    39  development facility in Clinton county,  upstate  revitalization  initi-
    40  ative  projects,  downstate  revitalization  initiative, market New York
    41  projects, fairground buildings, equipment or facilities  used  to  house
    42  and  promote  agriculture,  the  state fair, the empire state trail, the
    43  moynihan station development project, the  Kingsbridge  armory  project,
    44  strategic  economic  development projects, the cultural, arts and public
    45  spaces fund, water infrastructure in the city  of  Auburn  and  town  of
    46  Owasco,  a  life  sciences laboratory public health initiative, not-for-
    47  profit pounds, shelters and humane societies, arts and cultural  facili-
    48  ties  improvement  program,  restore  New York's communities initiative,
    49  heavy  equipment,  economic  development  and  infrastructure  projects,
    50  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    51  regional projects, Pennsylvania station and other transit  projects  and
    52  other state costs associated with such projects. The aggregate principal
    53  amount  of  bonds authorized to be issued pursuant to this section shall
    54  not exceed [nine billion eight hundred twenty-one  million  six  hundred
    55  thirty-six thousand] ten billion three hundred thirty-four million eight
    56  hundred  fifty-one  thousand  dollars  [$9,821,636,000] $10,334,851,000,

        S. 7506--B                         242                        A. 9506--B

     1  excluding bonds issued to fund one or more debt service  reserve  funds,
     2  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
     3  refund or otherwise repay such bonds or notes  previously  issued.  Such
     4  bonds and notes of the dormitory authority and the corporation shall not
     5  be  a  debt of the state, and the state shall not be liable thereon, nor
     6  shall they be payable out of any funds other than those appropriated  by
     7  the  state to the dormitory authority and the corporation for principal,
     8  interest, and related expenses pursuant to a service contract  and  such
     9  bonds  and  notes  shall contain on the face thereof a statement to such
    10  effect. Except for purposes of complying with the internal revenue code,
    11  any interest income earned on bond proceeds shall only be  used  to  pay
    12  debt service on such bonds.
    13    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    14  order to assist the dormitory authority and the corporation in undertak-
    15  ing the financing for project costs for the regional  economic  develop-
    16  ment  council  initiative,  the  economic  transformation program, state
    17  university of New York college for nanoscale  and  science  engineering,
    18  projects  within  the  city  of Buffalo or surrounding environs, the New
    19  York works economic development fund,  projects  for  the  retention  of
    20  professional  football  in  western  New York, the empire state economic
    21  development fund, the clarkson-trudeau partnership, the New York  genome
    22  center, the cornell university college of veterinary medicine, the olym-
    23  pic  regional  development  authority,  projects at nano Utica, onondaga
    24  county revitalization projects, Binghamton university school of  pharma-
    25  cy,  New  York  power  electronics  manufacturing  consortium,  regional
    26  infrastructure projects, New York State Capital Assistance  Program  for
    27  Transportation,  infrastructure,  and  economic  development,  high tech
    28  innovation and economic development infrastructure program,  high  tech-
    29  nology  manufacturing  projects in Chautauqua and Erie county, an indus-
    30  trial scale research and development facility in Clinton county, upstate
    31  revitalization initiative projects, downstate revitalization initiative,
    32  market New York projects, fairground buildings, equipment or  facilities
    33  used  to house and promote agriculture, the state fair, the empire state
    34  trail, the moynihan station development project, the Kingsbridge  armory
    35  project, strategic economic development projects, the cultural, arts and
    36  public  spaces fund, water infrastructure in the city of Auburn and town
    37  of Owasco, a life sciences laboratory public health initiative, not-for-
    38  profit pounds, shelters and humane societies, arts and cultural  facili-
    39  ties  improvement  program,  restore  New York's communities initiative,
    40  heavy  equipment,  economic  development  and  infrastructure  projects,
    41  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    42  regional projects, Pennsylvania station and other transit  projects  and
    43  other  state  costs  associated  with  such projects the director of the
    44  budget is hereby authorized to enter into one or more service  contracts
    45  with  the  dormitory  authority and the corporation, none of which shall
    46  exceed thirty years in duration, upon such terms and conditions  as  the
    47  director  of  the budget and the dormitory authority and the corporation
    48  agree, so as to annually provide to  the  dormitory  authority  and  the
    49  corporation, in the aggregate, a sum not to exceed the principal, inter-
    50  est, and related expenses required for such bonds and notes. Any service
    51  contract  entered  into  pursuant to this section shall provide that the
    52  obligation of the state to pay the amount  therein  provided  shall  not
    53  constitute  a debt of the state within the meaning of any constitutional
    54  or statutory provision and shall be deemed executory only to the  extent
    55  of monies available and that no liability shall be incurred by the state
    56  beyond  the  monies available for such purpose, subject to annual appro-

        S. 7506--B                         243                        A. 9506--B
 
     1  priation by the legislature. Any such contract or any payments  made  or
     2  to  be  made  thereunder  may  be  assigned and pledged by the dormitory
     3  authority and the corporation as security for its bonds  and  notes,  as
     4  authorized by this section.
     5    § 42. Subdivision 1 of section 386-b of the public authorities law, as
     6  amended  by  section  4  of part K of chapter 39 of the laws of 2019, is
     7  amended to read as follows:
     8    1. Notwithstanding any other provision of law  to  the  contrary,  the
     9  authority, the dormitory authority and the urban development corporation
    10  are  hereby authorized to issue bonds or notes in one or more series for
    11  the purpose of financing peace bridge  projects  and  capital  costs  of
    12  state and local highways, parkways, bridges, the New York state thruway,
    13  Indian reservation roads, and facilities, and transportation infrastruc-
    14  ture   projects   including  aviation  projects,  non-MTA  mass  transit
    15  projects, and rail service preservation projects, including work  appur-
    16  tenant  and  ancillary  thereto. The aggregate principal amount of bonds
    17  authorized to be issued pursuant to this section shall not exceed  [four
    18  billion  six  hundred  forty-eight  million]  six  billion  nine hundred
    19  forty-two   million   four   hundred   sixty-three   thousand    dollars
    20  [$4,648,000,000]  $6,942,463,000,  excluding bonds issued to fund one or
    21  more debt service reserve funds, to pay costs of issuance of such bonds,
    22  and to refund or otherwise repay such bonds or notes previously  issued.
    23  Such  bonds  and notes of the authority, the dormitory authority and the
    24  urban development corporation shall not be a debt of the state, and  the
    25  state  shall not be liable thereon, nor shall they be payable out of any
    26  funds other than those appropriated by the state to the  authority,  the
    27  dormitory authority and the urban development corporation for principal,
    28  interest,  and  related expenses pursuant to a service contract and such
    29  bonds and notes shall contain on the face thereof a  statement  to  such
    30  effect. Except for purposes of complying with the internal revenue code,
    31  any  interest  income  earned on bond proceeds shall only be used to pay
    32  debt service on such bonds.
    33    § 43. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    34  housing  finance law, as amended by section 8 of part K of chapter 39 of
    35  the laws of 2019, is amended to read as follows:
    36    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    37  thousand, in order to enhance and encourage  the  promotion  of  housing
    38  programs  and thereby achieve the stated purposes and objectives of such
    39  housing programs, the agency shall have the power and is hereby  author-
    40  ized  from  time  to  time to issue negotiable housing program bonds and
    41  notes in such principal amount as shall be necessary to  provide  suffi-
    42  cient  funds  for the repayment of amounts disbursed (and not previously
    43  reimbursed) pursuant to law or any prior year making  capital  appropri-
    44  ations  or  reappropriations  for  the  purposes of the housing program;
    45  provided, however, that the agency may issue such bonds and notes in  an
    46  aggregate principal amount not exceeding [six billion two hundred ninety
    47  million  five  hundred  ninety-nine  thousand]  six billion five hundred
    48  thirty-one  million   five   hundred   twenty-three   thousand   dollars
    49  [$6,290,599,000] $6,531,523,000, plus a principal amount of bonds issued
    50  to  fund  the  debt  service  reserve  fund  in accordance with the debt
    51  service reserve fund requirement established by the agency and  to  fund
    52  any  other  reserves  that the agency reasonably deems necessary for the
    53  security or marketability of such bonds and to provide for  the  payment
    54  of   fees  and  other  charges  and  expenses,  including  underwriters'
    55  discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
    56  enhancement  and  liquidity  enhancement related to the issuance of such

        S. 7506--B                         244                        A. 9506--B
 
     1  bonds and notes. No reserve fund  securing  the  housing  program  bonds
     2  shall  be  entitled  or  eligible  to receive state funds apportioned or
     3  appropriated to maintain or restore such reserve fund at or to a partic-
     4  ular level, except to the extent of any deficiency resulting directly or
     5  indirectly  from a failure of the state to appropriate or pay the agreed
     6  amount under any of the contracts provided for in  subdivision  four  of
     7  this section.
     8    §  44.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
     9  laws of 1968, constituting the New York state urban  development  corpo-
    10  ration  act, as amended by section 5 of part K of chapter 39 of the laws
    11  of 2019, is amended to read as follows:
    12    1. Notwithstanding the provisions of any other law  to  the  contrary,
    13  the dormitory authority and the urban development corporation are hereby
    14  authorized to issue bonds or notes in one or more series for the purpose
    15  of  funding  project  costs  undertaken  by  or on behalf of special act
    16  school districts,  state-supported  schools  for  the  blind  and  deaf,
    17  approved private special education schools, non-public schools, communi-
    18  ty centers, day care facilities, residential camps, day camps, and other
    19  state costs associated with such capital projects. The aggregate princi-
    20  pal  amount  of  bonds  authorized to be issued pursuant to this section
    21  shall  not  exceed  one  hundred  [thirty]  fifty-five  million  dollars
    22  [$130,000,000]  $155,000,000, excluding bonds issued to fund one or more
    23  debt service reserve funds, to pay costs of issuance of such bonds,  and
    24  bonds  or  notes issued to refund or otherwise repay such bonds or notes
    25  previously issued. Such bonds and notes of the dormitory  authority  and
    26  the  urban development corporation shall not be a debt of the state, and
    27  the state shall not be liable thereon, nor shall they be payable out  of
    28  any  funds  other  than those appropriated by the state to the dormitory
    29  authority and the urban development corporation for principal, interest,
    30  and related expenses pursuant to a service contract and such  bonds  and
    31  notes  shall  contain  on  the  face thereof a statement to such effect.
    32  Except for purposes of complying with the  internal  revenue  code,  any
    33  interest  income  earned on bond proceeds shall only be used to pay debt
    34  service on such bonds.
    35    § 45. Subdivision 1 of section 47 of section 1 of chapter 174  of  the
    36  laws  of  1968, constituting the New York state urban development corpo-
    37  ration act, as amended by section 27 of part TTT of chapter  59  of  the
    38  laws of 2019, is amended to read as follows:
    39    1.  Notwithstanding  the  provisions of any other law to the contrary,
    40  the dormitory authority and the corporation  are  hereby  authorized  to
    41  issue  bonds  or  notes in one or more series for the purpose of funding
    42  project costs for the office of information technology services, depart-
    43  ment of  law,  and  other  state  costs  associated  with  such  capital
    44  projects.  The  aggregate  principal  amount  of  bonds authorized to be
    45  issued pursuant to this section shall not  exceed  [six]  eight  hundred
    46  [seventy-seven]  thirty  million  [three  hundred]  fifty-four  thousand
    47  dollars, [$677,354,000] $830,054,000 excluding bonds issued to fund  one
    48  or  more  debt  service  reserve funds, to pay costs of issuance of such
    49  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    50  or notes previously issued.  Such  bonds  and  notes  of  the  dormitory
    51  authority  and the corporation shall not be a debt of the state, and the
    52  state shall not be liable thereon, nor shall they be payable out of  any
    53  funds  other  than  those  appropriated  by  the  state to the dormitory
    54  authority and the  corporation  for  principal,  interest,  and  related
    55  expenses  pursuant  to a service contract and such bonds and notes shall
    56  contain on the face thereof a  statement  to  such  effect.  Except  for

        S. 7506--B                         245                        A. 9506--B
 
     1  purposes  of  complying  with  the  internal  revenue code, any interest
     2  income earned on bond proceeds shall only be used to pay debt service on
     3  such bonds.
     4    §  46.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
     5  finance law, as amended by section 43 of part XXX of chapter 59  of  the
     6  laws of 2017, is amended to read as follows:
     7    (b)  On  or  before the beginning of each quarter, the director of the
     8  budget may certify to the state  comptroller  the  estimated  amount  of
     9  monies  that  shall be reserved in the general debt service fund for the
    10  payment of debt service and related expenses payable by such fund during
    11  each month of the state fiscal year, excluding  payments  due  from  the
    12  revenue  bond tax fund. Such certificate may be periodically updated, as
    13  necessary. Notwithstanding any provision of law  to  the  contrary,  the
    14  state  comptroller  shall  reserve  in the general debt service fund the
    15  amount of monies identified on such certificate  as  necessary  for  the
    16  payment  of debt service and related expenses during the current or next
    17  succeeding quarter of the state fiscal year. Such monies reserved  shall
    18  not  be  available  for  any  other  purpose.  Such certificate shall be
    19  reported to the chairpersons of the Senate  Finance  Committee  and  the
    20  Assembly  Ways  and  Means  Committee.  The provisions of this paragraph
    21  shall expire June thirtieth, two thousand [twenty] twenty-three.
    22    § 47. Section 2 of the state finance law is amended by  adding  a  new
    23  subdivision 1-a to read as follows:
    24    1-a.  "Business  day".  Any  day  of the year which is not a Saturday,
    25  Sunday or legal holiday in the state of New York and not a day on  which
    26  banks are authorized or obligated to be closed in the city of New York.
    27    §  48. Paragraph a of subdivision 4 of section 57 of the state finance
    28  law, as amended by section 39 of part JJ of chapter 56 of  the  laws  of
    29  2010, is amended to read as follows:
    30    a.  Such  bonds  shall  be sold at par, at par plus a premium, or at a
    31  discount to the bidder offering the lowest interest cost to  the  state,
    32  taking  into  consideration  any premium or discount and, in the case of
    33  refunding bonds, the bona fide initial public offering price,  not  less
    34  than  [four  nor more than fifteen days, Sundays excepted,] two business
    35  days after the publication of  a    notice  of  [such]  sale  [has  been
    36  published] at least once in a definitive trade publication of the munic-
    37  ipal  bond  industry  published on each business day in the state of New
    38  York which is generally available in  electronic  or  physical  form  to
    39  participants  in  the  municipal bond industry, which notice shall state
    40  the terms of the sale. The comptroller may not change the terms  of  the
    41  sale  unless  notice  of such change is sent via a definitive trade wire
    42  service of the municipal bond industry which, in general,  makes  avail-
    43  able  information regarding activity and sales of municipal bonds and is
    44  generally available to participants in the municipal bond  industry,  at
    45  least  one  hour  prior  to  the  time  of  the sale as set forth in the
    46  original notice of sale. In so changing the terms  or  conditions  of  a
    47  sale  the comptroller may send notice by such wire service that the sale
    48  will be delayed by up to thirty days, provided that wire notice  of  the
    49  new  sale  date will be given at least one business day prior to the new
    50  time when bids will be accepted. In such event, no new  notice  of  sale
    51  shall  be  required  to  be published. Notwithstanding the provisions of
    52  section three hundred five of the state technology law or any other law,
    53  if the notice of sale contains  a  provision  that  bids  will  only  be
    54  accepted  electronically  in the manner provided in such notice of sale,
    55  the comptroller shall not be required to accept non-electronic  bids  in
    56  any  form.  Advertisements  shall contain a provision to the effect that

        S. 7506--B                         246                        A. 9506--B
 
     1  the state comptroller, in his or her discretion, may reject any  or  all
     2  bids  made in pursuance of such advertisements, and in the event of such
     3  rejection, the state comptroller is authorized to  negotiate  a  private
     4  sale  or  readvertise for bids in the form and manner above described as
     5  many times as, in his or her judgment, may  be  necessary  to  effect  a
     6  satisfactory  sale.  Notwithstanding  the  foregoing  provisions of this
     7  paragraph, whenever in the judgment of the comptroller the interests  of
     8  the  state  will  be  served  thereby, he or she may sell state bonds at
     9  private sale at par, at par plus a premium, or at a discount. The  comp-
    10  troller  shall promulgate regulations governing the terms and conditions
    11  of any such private sales, which regulations shall include  a  provision
    12  that  he  or she give notice to the governor, the temporary president of
    13  the senate, and the speaker of the assembly, of his or her intention  to
    14  conduct  a private sale of obligations pursuant to this section not less
    15  than [five] two business days prior to such sale or the execution of any
    16  binding agreement to effect such sale.
    17    § 49. Subdivision (a) of section 211 of the  civil  practice  law  and
    18  rules, as amended by chapter 267 of the laws of 1970, is amended to read
    19  as follows:
    20    (a) On a bond. An action to recover principal or interest upon a writ-
    21  ten instrument evidencing an indebtedness of the state of New York or of
    22  any  person,  association  or  public or private corporation, originally
    23  sold by the issuer after publication of an advertisement  for  bids  for
    24  the issue in [a newspaper of general circulation] electronic or physical
    25  form and secured only by a pledge of the faith and credit of the issuer,
    26  regardless  of  whether  a sinking fund is or may be established for its
    27  redemption, must be commenced within twenty years  after  the  cause  of
    28  action  accrues. This subdivision does not apply to actions upon written
    29  instruments evidencing an indebtedness of any  corporation,  association
    30  or  person  under the jurisdiction of the public service commission, the
    31  commissioner of transportation, the interstate commerce commission,  the
    32  federal  communications  commission,  the  civil  aeronautics board, the
    33  federal power commission, or any other regulatory commission or board of
    34  a state or of the federal government. This subdivision  applies  to  all
    35  causes  of  action, including those barred on April eighteenth, nineteen
    36  hundred fifty, by the provisions of the civil practice act  then  effec-
    37  tive.
    38    § 49-a. Section 1 of chapter 174 of the laws of 1968, constituting the
    39  New York state urban development corporation act, is amended by adding a
    40  new section 54 to read as follows:
    41    §  54.  1. Findings and declaration of need. (a) The state of New York
    42  finds and determines that the global spread of the COVID-19  coronavirus
    43  disease  is  having  and  is  expected to continue to have a significant
    44  impact on the health and welfare of individuals in the state as well  as
    45  a significant financial impact on the state. The serious threat posed by
    46  the  COVID-19  coronavirus disease has caused governments, including the
    47  state, to adopt policies, regulations and procedures to suspend  various
    48  legal requirements in order to (i) respond to and mitigate the impact of
    49  the  outbreak, and (ii) provide temporary relief to individuals, includ-
    50  ing the deferral of the federal income tax payment deadline  from  April
    51  15,  2020  to  a  later date in the calendar year. The state of New York
    52  further finds and determines that  certain  fiscal  management  authori-
    53  zation measures should be authorized and established.
    54    (b)  Notwithstanding  any  other  provision  of  law  to the contrary,
    55  including, specifically, the provisions of chapter 59  of  the  laws  of
    56  2000  and  section sixty-seven-b of the state finance law, the dormitory

        S. 7506--B                         247                        A. 9506--B
 
     1  authority of the state of  New  York  and  the  corporation  are  hereby
     2  authorized  to  issue  until December 31, 2020, notes with a maturity no
     3  later than March 31, 2021, to  be  designated  as  personal  income  tax
     4  revenue  or  bond anticipation notes, in one or more series in an aggre-
     5  gate principal amount not to exceed  eight  billion  dollars,  excluding
     6  notes  issued  to finance one or more debt service reserve funds, to pay
     7  costs of issuance of such notes, and notes issued to  renew,  refund  or
     8  otherwise  repay such notes previously issued, for the purpose of tempo-
     9  rarily financing budgetary needs of  the  state  following  the  federal
    10  government  deferral  of  the  federal  income tax payment deadline from
    11  April 15, 2020 to a later date in the calendar year. Such purpose  shall
    12  constitute  an  authorized  purpose  under  subdivision  two  of section
    13  sixty-eight-a of the state finance  law  for  all  purposes  of  article
    14  five-C  of  the  state  finance  law  with respect to the notes, renewal
    15  notes, refunding notes and any state personal income tax  revenue  bonds
    16  issued to refinance any notes, renewal notes, refunding notes authorized
    17  by  this  paragraph.    On  or  before their maturity, such notes may be
    18  renewed or refunded once with renewal or refunding notes  for  an  addi-
    19  tional period not to exceed one year from the date of renewal or refund-
    20  ing.  If on or before the maturity date of such notes or such renewal or
    21  refunding notes, the director of the division of the budget shall deter-
    22  mine that all or a portion of such notes or such  renewal  or  refunding
    23  notes  shall  be  refinanced  on  a  long term basis, such notes or such
    24  renewal or refunding notes may be refinanced with state personal  income
    25  tax revenue bonds in one or more series in an aggregate principal amount
    26  not  to  exceed  the  then outstanding principal amount of such notes or
    27  such renewal or refunding notes plus an amount necessary to finance  one
    28  or  more debt service reserve funds and to pay costs of issuance of such
    29  refunding bonds, notwithstanding any  other  provision  of  law  to  the
    30  contrary,  including, specifically, the provisions of chapter fifty-nine
    31  of the laws of two thousand  and  section  sixty-seven-b  of  the  state
    32  finance  law.    For so long as any notes, renewal or refunding notes or
    33  such refunding bonds authorized by this paragraph shall remain outstand-
    34  ing, including any state-supported debt issued to refinance the  refund-
    35  ing  bonds  authorized  by this paragraph, the restrictions, limitations
    36  and requirements contained in article five-B of the  state  finance  law
    37  shall not apply.
    38    (c)  Such notes, renewal or refunding notes and refunding bonds of the
    39  dormitory authority and the corporation shall  not  be  a  debt  of  the
    40  state,  and  the  state  shall  not be liable thereon, nor shall they be
    41  payable out of any funds other than those appropriated by the  state  to
    42  the dormitory authority and the corporation for debt service and related
    43  expenses  pursuant to any financing agreement described in paragraph (d)
    44  of this subdivision, and such notes,  renewal  or  refunding  notes  and
    45  refunding  bonds  shall  contain on the face thereof a statement to such
    46  effect.  Such notes, renewal or refunding notes and any refunding  bonds
    47  issued  to refinance such notes and/or any renewal or refunding notes on
    48  a subordinate basis shall be secured by subordinate  payments  from  the
    49  revenue  bond  tax  fund established pursuant to section ninety-two-z of
    50  the state finance law.   Refunding bonds issued to  refinance  any  such
    51  notes and/or renewal or refunding notes on a parity basis with outstand-
    52  ing  state  personal  income  tax  revenue bonds shall be issued only in
    53  accordance with the provisions  of  the  applicable  resolution  of  the
    54  dormitory authority or the corporation authorizing the issuance of state
    55  personal  income tax revenue bonds and shall be secured by payments from
    56  the revenue bond tax fund  on  a  parity  with  such  outstanding  state

        S. 7506--B                         248                        A. 9506--B

     1  personal  income  tax  revenue bonds.   Except for purposes of complying
     2  with the internal revenue code,  any  interest  income  earned  on  note
     3  proceeds  shall  only  be used to pay debt service on such notes. All of
     4  the  provisions  of  the  dormitory authority act and the New York state
     5  urban development corporation act relating to notes and bonds which  are
     6  not  inconsistent  with  the  provisions  of this section shall apply to
     7  notes and bonds authorized by paragraph (b) of this subdivision, includ-
     8  ing but not limited to the power to establish adequate reserves therefor
     9  and to issue renewal notes, refunding notes and refunding bonds, in  any
    10  case  subject  to the final maturity limitation for such notes set forth
    11  in paragraph (b) of this subdivision. The issuance of any notes, renewal
    12  or refunding notes and refunding bonds authorized by  paragraph  (b)  of
    13  this  subdivision shall further be subject to the approval of the direc-
    14  tor of the division of the budget.
    15    (d) Notwithstanding any other law, rule or regulation to the  contrary
    16  but subject to the limitations contained in paragraph (b) of this subdi-
    17  vision,  in  order to assist the dormitory authority and the corporation
    18  in undertaking the administration and financing of such  notes,  renewal
    19  or  refunding  notes  and refunding bonds, the director of the budget is
    20  hereby authorized to supplement any existing  financing  agreement  with
    21  the  dormitory  authority  and  the  corporation, or to enter into a new
    22  financing agreement with the dormitory authority  and  the  corporation,
    23  upon  such  terms  and  conditions as the director of the budget and the
    24  dormitory authority and the corporation shall agree, so as  to  annually
    25  provide  to  the  dormitory authority and the corporation, in the aggre-
    26  gate, a sum not to exceed the annual debt service payments  and  related
    27  expenses  required for any notes, renewal or refunding notes and refund-
    28  ing bonds issued pursuant to this  section.    Any  financing  agreement
    29  supplemented or entered into pursuant to this section shall provide that
    30  the obligation of the state to pay the amount therein provided shall not
    31  constitute  a debt of the state within the meaning of any constitutional
    32  or statutory provision and shall be deemed executory only to the  extent
    33  of monies available and that no liability shall be incurred by the state
    34  beyond  the monies available for such purposes, subject to annual appro-
    35  priation by  the  legislature.  Any  such  financing  agreement  or  any
    36  payments made or to be made thereunder may be assigned or pledged by the
    37  dormitory  authority  and  the  corporation  as  security for the notes,
    38  renewal and refunding notes and refunding bonds authorized by  paragraph
    39  (b) of this subdivision.
    40    (e)  Notwithstanding  any  other  provision  of  law  to the contrary,
    41  including specifically the provisions of subdivision 3 of  section  67-b
    42  of  the  state finance law, no capital work or purpose shall be required
    43  for any issuance of personal income tax  revenue  or  bond  anticipation
    44  notes,  renewal  or  refunding  notes  or  refunding bonds issued by the
    45  dormitory authority and the corporation pursuant to this section.
    46    (f) Notwithstanding any other law, rule, or regulation to the  contra-
    47  ry,  the comptroller is hereby authorized and directed to deposit to the
    48  credit of the general fund, all proceeds of personal income tax  revenue
    49  or bond anticipation notes issued by the dormitory authority and the New
    50  York state urban development corporation pursuant to this section.
    51    2.  Effect  of  inconsistent  provisions. Insofar as the provisions of
    52  this section are inconsistent with the  provisions  of  any  other  law,
    53  general,  special,  or  local,  the  provisions of this section shall be
    54  controlling.
    55    3. Severability; construction. The provisions of this section shall be
    56  severable, and if the application of any  clause,  sentence,  paragraph,

        S. 7506--B                         249                        A. 9506--B
 
     1  subdivision,  section  or  part of this section to any person or circum-
     2  stance shall be adjudged by any court of competent  jurisdiction  to  be
     3  invalid,  such  judgment shall not necessarily affect, impair or invali-
     4  date  the  application of any such clause, sentence, paragraph, subdivi-
     5  sion, section, part of this section or remainder thereof,  as  the  case
     6  may  be,  to  any other person or circumstance, but shall be confined in
     7  its operation to the clause, sentence, paragraph,  subdivision,  section
     8  or part thereof directly involved in the controversy in which such judg-
     9  ment shall have been rendered.
    10    § 49-b. Section 1 of chapter 174 of the laws of 1968, constituting the
    11  New York state urban development corporation act, is amended by adding a
    12  new section 55 to read as follows:
    13    §  55.  1. Findings and declaration of need. (a) The state of New York
    14  finds and determines that the global spread of the COVID-19  coronavirus
    15  disease  is  having  and  is  expected to continue to have a significant
    16  impact on the health and welfare of individuals in the state as well  as
    17  a significant financial impact on the state. The serious threat posed by
    18  the  COVID-19  coronavirus disease has caused governments, including the
    19  state, to adopt policies, regulations and procedures to suspend  various
    20  legal  requirements  in order to: (i) respond to and mitigate the impact
    21  of the outbreak; and (ii) address budgetary pressures to the state aris-
    22  ing from anticipated shortfalls and deferrals in the state's fiscal 2021
    23  financial plan receipts, thereby requiring that certain  fiscal  manage-
    24  ment authorization measures be authorized and established.
    25    (b)  Notwithstanding  any  other  provision  of  law  to the contrary,
    26  including, specifically, the provisions of chapter 59  of  the  laws  of
    27  2000  and section 67-b of the state finance law, during the state's 2021
    28  fiscal year, the dormitory authority of the state of New  York  and  the
    29  urban  development corporation are authorized to: (i) enter into commit-
    30  ments with financial institutions for the establishment of one  or  more
    31  line of credit facilities and other similar revolving financing arrange-
    32  ments  not  in  excess  of  three billion dollars in aggregate principal
    33  amount outstanding at any one time; (ii) draw, at one or more  times  at
    34  the  direction  of  the director of the budget, upon such line of credit
    35  facilities and provide to the state the amounts so drawn for the purpose
    36  of assisting the state to temporarily finance its budgetary  needs;  and
    37  (iii)  secure  repayment of such draws under such line of credit facili-
    38  ties with a service contract of  the  state,  which  payment  obligation
    39  thereunder  shall  not constitute a debt of the state within the meaning
    40  of any constitutional or statutory provision and shall be deemed  execu-
    41  tory only to the extent moneys are available and that no liability shall
    42  be  incurred  by the state beyond the moneys available for such purpose,
    43  and that such payment obligation is subject to annual  appropriation  by
    44  the  legislature.  Any line of credit facility agreements entered by the
    45  dormitory authority of the state of New York and/or the  urban  develop-
    46  ment  corporation  with  financial institutions pursuant to this section
    47  may contain such provisions that the dormitory authority of the state of
    48  New York and/or the urban  development  corporation  deem  necessary  or
    49  desirable  for  the establishment of such credit facilities. The maximum
    50  original term of any line of credit facility shall be one year from  the
    51  date of incurrence; provided however that any such line of credit facil-
    52  ity  may be extended, renewed or refinanced for up to two additional one
    53  year terms.  If on or before the maturity date of the original  term  of
    54  such  line  of credit facility or any renewal or extension term thereof,
    55  the director of the division of the budget shall determine that all or a
    56  portion of any outstanding line of credit facility shall  be  refinanced

        S. 7506--B                         250                        A. 9506--B
 
     1  on  a  long-term basis, the dormitory authority of the state of New York
     2  and/or the urban development corporation  are  authorized  to  refinance
     3  such  line  of  credit  facility  with state personal income tax revenue
     4  bonds  and/or  state  service contract bonds in one or more series in an
     5  aggregate principal amount not to exceed the then outstanding  principal
     6  amount of such line of credit facility and any accrued interest thereon,
     7  plus  an  amount  necessary  to finance one or more debt service reserve
     8  funds and to pay costs of issuance of such  state  personal  income  tax
     9  revenue bonds and/or state service contract bonds.
    10    (c)  Notwithstanding any other law, rule, or regulation to the contra-
    11  ry, the comptroller is hereby authorized and directed to deposit to  the
    12  credit  of  the  general  fund,  all  amounts  provided by the dormitory
    13  authority of the state of New York and/or the urban  development  corpo-
    14  ration  to  the  state  from  draws  made on any line of credit facility
    15  authorized by paragraph (b) of this subdivision.
    16    (d) Notwithstanding any  other  provision  of  law  to  the  contrary,
    17  including  specifically  the provisions of subdivision 3 of section 67-b
    18  of the state finance law, no capital work or purpose shall  be  required
    19  for  any  indebtedness  incurred  in  connection with any line of credit
    20  facility authorized by paragraph (b) of this subdivision and any  exten-
    21  sions  or renewals thereof, or for any state personal income tax revenue
    22  bonds and/or state service contract bonds issued to refinance any of the
    23  foregoing, or for any service contract entered into in  connection  with
    24  any line of credit facility, all in accordance with this section.
    25    (e) Notwithstanding any other provision of law to the contrary, for so
    26  long  as  any such line of credit facility shall remain outstanding, the
    27  restrictions, limitations and requirements contained in article  5-B  of
    28  the  state  finance law shall not apply. In addition, such restrictions,
    29  limitations and requirements shall  not  apply  to  any  state  personal
    30  income  tax  revenue bonds and/or state service contract bonds issued to
    31  refund such line of credit facility for so long as such  state  personal
    32  income  tax  revenue  bonds  and/or  state  service contract bonds shall
    33  remain outstanding, including any state-supported debt issued to  refund
    34  such  state  personal  income  tax  revenue  bonds  and/or state service
    35  contract bonds.  Any such line of credit facility, including any  exten-
    36  sions  or  renewals  thereof,  and any state personal income tax revenue
    37  bonds and/or state service contract bonds issued to refund such line  of
    38  credit  facilities  shall  be  deemed  to  be  incurred or issued for an
    39  authorized purpose within the meaning of subdivision 2 of  section  68-a
    40  of  the  state  finance law. As applicable, all of the provisions of the
    41  state finance law, the dormitory authority act and the  New  York  state
    42  urban  development corporation act relating to notes and bonds which are
    43  not inconsistent with the provisions of this section shall apply to  any
    44  issuance of state personal income tax revenue bonds and/or state service
    45  contract  bonds  issued to refinance any line of credit facility author-
    46  ized by paragraph (b) of this subdivision. The  issuance  of  any  state
    47  personal  income  tax  revenue bonds and/or state service contract bonds
    48  issued to refinance any such line of credit facility  shall  further  be
    49  subject to the approval of the director of the division of the budget.
    50    (f) Any draws on a line of credit facility authorized by paragraph (b)
    51  of  this subdivision shall only be made and the service contract entered
    52  into in connection with such line of credit  facilities  shall  only  be
    53  executed  and  delivered  to the dormitory authority of the state of New
    54  York and/or the urban development corporation  if  the  legislature  has
    55  enacted  sufficient appropriation authority to provide for the repayment
    56  of all amounts expected to be drawn by the dormitory  authority  of  the

        S. 7506--B                         251                        A. 9506--B
 
     1  state  of  New  York and/or the urban development corporation under such
     2  line of credit facility during fiscal year 2021. Amounts repaid under  a
     3  line  of  credit  facility  during  fiscal  year 2021 may be re-borrowed
     4  during such fiscal year provided that the legislature has enacted suffi-
     5  cient  appropriation  authority to provide for the repayment of any such
     6  re-borrowed amounts. Neither the dormitory authority of the state of New
     7  York nor the urban development  corporation  shall  have  any  financial
     8  liability  for  the repayment of draws under any line of credit facility
     9  authorized by paragraph  (b)  of  this  subdivision  beyond  the  moneys
    10  received for such purpose under the service contract authorized by para-
    11  graph (g) of this subdivision.
    12    (g) The director of the budget is authorized to enter into one or more
    13  service  contracts  or  other  agreements, none of which shall exceed 30
    14  years in duration, with the dormitory authority of the state of New York
    15  and/or the urban development corporation, upon such terms and conditions
    16  as the director of the budget and dormitory authority of  the  state  of
    17  New  York  and/or  the  urban  development  corporation shall agree. Any
    18  service contract or other agreements entered into pursuant to this para-
    19  graph shall provide for state commitments to  provide  annually  to  the
    20  dormitory  authority  of the state of New York and/or the urban develop-
    21  ment corporation a sum or sums, upon such terms and conditions as  shall
    22  be  deemed  appropriate  by the director of the budget and the dormitory
    23  authority of the state of New York and/or the urban  development  corpo-
    24  ration,  to  fund  the  payment  of amounts due under any line of credit
    25  facility and any state personal income tax revenue  bonds  and/or  state
    26  service contract bonds issued to refinance such line of credit facility.
    27  Any  such  service  contract  or other agreements shall provide that the
    28  obligation of the director of the budget or of the state to fund  or  to
    29  pay  the amounts therein provided for shall not constitute a debt of the
    30  state within the meaning of any constitutional  or  statutory  provision
    31  and  shall  be  deemed executory only to the extent moneys are available
    32  and that no liability shall be incurred by the state beyond  the  moneys
    33  available for such purpose, and that such obligation is subject to annu-
    34  al appropriation by the legislature.
    35    (h)  Any service contract or other agreements entered into pursuant to
    36  paragraph (g) of this subdivision or any payments made  or  to  be  made
    37  thereunder may be assigned and pledged by the dormitory authority of the
    38  state  of  New York and/or the urban development corporation as security
    39  for any related payment obligation it may have with one or  more  finan-
    40  cial  institutions  in connection with a line of credit facility author-
    41  ized by paragraph (b) of this subdivision.
    42    (i) In addition to the foregoing, the  director  of  the  budget,  the
    43  dormitory  authority  of the state of New York and the urban development
    44  corporation shall each be authorized to enter into such other agreements
    45  and to take or cause to be taken such additional actions as  are  neces-
    46  sary or desirable to effectuate the purposes of the transactions contem-
    47  plated by a line of credit facility and the related service contract.
    48    (j) No later than seven days after a draw occurs on the line of credit
    49  facility,  the director of the budget shall provide notification of such
    50  draw to the president pro tempore of the senate and the speaker  of  the
    51  assembly.
    52    (k) The authorization, establishment and use by the dormitory authori-
    53  ty  of  the state of New York and the urban development corporation of a
    54  line of credit facility authorized by paragraph (b) of this subdivision,
    55  and the execution, sale and issuance of state personal income tax reven-
    56  ue bonds and/or state service contract bonds to refinance any such  line

        S. 7506--B                         252                        A. 9506--B
 
     1  of  credit  facility  shall  not  be  deemed  an action, as such term is
     2  defined in article 8 of the  environmental  conservation  law,  for  the
     3  purposes  of  such  article. Such exemption shall be strictly limited in
     4  its  application to such financing activities of the dormitory authority
     5  of the state of New York and the urban development corporation undertak-
     6  en pursuant to this section and does not exempt any  other  entity  from
     7  compliance with such article.
     8    (l)  Nothing contained in this section shall be construed to limit the
     9  abilities of the director of the budget and the  authorized  issuers  of
    10  state-supported debt to perform their respective obligations on existing
    11  service  contracts  or  other  agreements entered into prior to April 1,
    12  2020.
    13    2. Effect of inconsistent provisions. Insofar  as  the  provisions  of
    14  this  section  are  inconsistent  with  the provisions of any other law,
    15  general, special, or local, the provisions of this act shall be control-
    16  ling.
    17    3. Severability; construction. The provisions of this section shall be
    18  severable, and if the application of any  clause,  sentence,  paragraph,
    19  subdivision,  section  or  part of this section to any person or circum-
    20  stance shall be adjudged by any court of competent  jurisdiction  to  be
    21  invalid,  such  judgment shall not necessarily affect, impair or invali-
    22  date the application of any such clause, sentence,  paragraph,  subdivi-
    23  sion,  section,  part  of this section or remainder thereof, as the case
    24  may be, to any other person or circumstance, but shall  be  confined  in
    25  its  operation  to the clause, sentence, paragraph, subdivision, section
    26  or part thereof directly involved in the controversy in which such judg-
    27  ment shall have been rendered.
    28    § 49-c. Section 1 of chapter 174 of the laws of 1968, constituting the
    29  New York state urban development corporation act, is amended by adding a
    30  new section 56 to read as follows:
    31    § 56. State-supported debt; 2021.  1.  In  light  of  the  significant
    32  impact  that  the  global  spread of the COVID-19 coronavirus disease is
    33  having and is expected to continue to have on the health and welfare  of
    34  individuals  in  the  state as well as on the financial condition of the
    35  state, and notwithstanding any other provision of law to  the  contrary,
    36  the  dormitory authority of the state of New York and the urban develop-
    37  ment corporation are  each  authorized  to  issue  state-supported  debt
    38  pursuant  to article 5-C of the state finance law to assist the state to
    39  manage its financing needs during its 2021 fiscal year,  without  regard
    40  to  any  restrictions, limitations and requirements contained in article
    41  5-B of the state finance law, other than subdivision 4 of  section  67-b
    42  of  such  article,  and  such state-supported debt shall be deemed to be
    43  issued for an authorized purpose within the meaning of subdivision 2  of
    44  section 68-a of the state finance law for all purposes of article 5-C of
    45  the  state  finance law.   Furthermore, any bonds issued directly by the
    46  state during the state's 2021 fiscal year shall be issued without regard
    47  to any restrictions, limitations and requirements contained  in  article
    48  5-B  of  the state finance law, other than subdivision 4 of section 67-b
    49  of such article. For so long as any state-supported debt  issued  during
    50  the  state's  2021  fiscal  year shall remain outstanding, including any
    51  state-supported debt issued to refund state-supported debt issued during
    52  such  fiscal  year,  the  restrictions,  limitations  and   requirements
    53  contained  in  article 5-B of the state finance law, other than subdivi-
    54  sion 4 of section 67-b of such article, shall not apply.
    55    2. Effect of inconsistent provisions.   Insofar as the  provisions  of
    56  this  section  are  inconsistent  with  the provisions of any other law,

        S. 7506--B                         253                        A. 9506--B
 
     1  general, special, or local, the provisions of this act shall be control-
     2  ling.
     3    3.  Severability; construction.   The provisions of this section shall
     4  be severable, and if the application of any clause, sentence, paragraph,
     5  subdivision, section or part of this section to any  person  or  circum-
     6  stance  shall  be  adjudged by any court of competent jurisdiction to be
     7  invalid, such judgment shall not necessarily affect, impair  or  invali-
     8  date  the  application of any such clause, sentence, paragraph, subdivi-
     9  sion, section, part of this section or remainder thereof,  as  the  case
    10  may  be,  to  any other person or circumstance, but shall be confined in
    11  its operation to the clause, sentence, paragraph,  subdivision,  section
    12  or part thereof directly involved in the controversy in which such judg-
    13  ment shall have been rendered.
    14    § 50. Intentionally omitted.
    15    § 51. Intentionally omitted.
    16    § 52. Intentionally omitted.
    17    § 52-a. The state finance law is amended by adding a new section 99-hh
    18  to read as follows:
    19    §  99-hh.  Public  health  emergency  charitable  gifts trust fund. 1.
    20  There is hereby established in the joint custody of the commissioner  of
    21  taxation  and  finance  and  the  state comptroller a special fund to be
    22  known as the "public health emergency charitable gifts trust fund".
    23    2. The public health  emergency  charitable  gifts  trust  fund  shall
    24  consist  of monetary grants, gifts or bequests received by the state for
    25  the purposes of the fund, and all other moneys credited  or  transferred
    26  thereto  from  any  other  fund  or source. Moneys of such fund shall be
    27  expended only for goods and services necessary to respond  to  a  public
    28  health  disaster  emergency  or to assist or aid in responding to such a
    29  disaster. Nothing in this section shall prevent the state from  solicit-
    30  ing  and  receiving  grants,  gifts or bequests for the purposes of such
    31  fund and depositing them into the fund according to law.
    32    3. Moneys in such fund shall be kept separate from and  shall  not  be
    33  commingled  with  any  other moneys in the custody of the comptroller or
    34  the commissioner of taxation and finance. Any moneys  of  the  fund  not
    35  required for immediate use may, at the discretion of the comptroller, in
    36  consultation  with  the director of the budget, be invested by the comp-
    37  troller in obligations of the United States or the state,  or  in  obli-
    38  gations the principal and interest on which are guaranteed by the United
    39  States  or  by  the  state.  Any income earned by the investment of such
    40  moneys shall be added to and become a part of, and shall be used for the
    41  purposes of such fund.
    42    § 53. This act shall take effect immediately and shall  be  deemed  to
    43  have been in full force and effect on and after April 1, 2020; provided,
    44  however,  that  the provisions of sections one, one-a, two, three, four,
    45  five, six, seven, eight, twelve, thirteen, fourteen,  fifteen,  sixteen,
    46  seventeen, eighteen, nineteen, twenty-one, twenty-four, and twenty-six-a
    47  of  this  act  shall  expire  March  31,  2021  when  upon such date the
    48  provisions of such sections shall be deemed repealed.
 
    49                                   PART KK

    50    Section 1. Subdivisions 14-a and 22 of  section  2807  of  the  public
    51  health law are REPEALED.
    52    §  2.  Paragraph  (c) of subdivision 8 of section 2807-c of the public
    53  health law, as amended by chapter 731 of the laws of 1993, is amended to
    54  read as follows:

        S. 7506--B                         254                        A. 9506--B
 
     1    (c) In order to reconcile capital related inpatient expenses  included
     2  in  rates of payment based on a budget to actual expenses and statistics
     3  for the rate period for a general  hospital,  rates  of  payment  for  a
     4  general  hospital  shall  be adjusted to reflect the dollar value of the
     5  difference  between  capital  related inpatient expenses included in the
     6  computation of rates of payment for a prior rate period based on a budg-
     7  et and actual capital related inpatient expenses  for  such  prior  rate
     8  period,  each  as  determined  in  accordance with paragraph (a) of this
     9  subdivision, adjusted to reflect increases or  decreases  in  volume  of
    10  service  in  such  prior  rate  period compared to statistics applied in
    11  determining the capital related inpatient expenses component of rates of
    12  payment based on a budget for such prior rate period. For  rates  effec-
    13  tive  on  and after April first, two thousand twenty, the budgeted capi-
    14  tal-related expenses add-on as described in paragraph (a) of this subdi-
    15  vision, based on a budget submitted in accordance to  paragraph  (a)  of
    16  this  subdivision, shall be reduced by five percent relative to the rate
    17  in effect on such date;  and  the  actual  capital  expenses  add-on  as
    18  described in paragraph (a) of this subdivision, based on actual expenses
    19  and  statistics  through appropriate audit procedures in accordance with
    20  paragraph (a) of this subdivision shall be reduced by five percent rela-
    21  tive to the rate in effect on such date. For any rate year,  all  recon-
    22  ciliation  add-on amounts calculated on and after April first, two thou-
    23  sand twenty shall be reduced by  ten  percent,  and  all  reconciliation
    24  recoupment  amounts  calculated  on  or  after April first, two thousand
    25  twenty shall increase by ten percent. Notwithstanding  any  inconsistent
    26  provision  of  subparagraph  (i) of paragraph (e) of subdivision nine of
    27  this section, capital related inpatient expenses of a  general  hospital
    28  included  in the computation of rates of payment based on a budget shall
    29  not be included in the  computation  of  a  volume  adjustment  made  in
    30  accordance with such subparagraph. Adjustments to rates of payment for a
    31  general  hospital  made  pursuant  to  this  paragraph  shall be made in
    32  accordance with paragraph (c) of subdivision  eleven  of  this  section.
    33  Such  adjustments  shall  not  be carried forward except for such volume
    34  adjustment as may be authorized in accordance with subparagraph  (i)  of
    35  paragraph  (e)  of  subdivision  nine  of  this section for such general
    36  hospital.
    37    § 3. Subdivision 5-d of section 2807-k of the public  health  law,  as
    38  amended  by  section  6  of part H of chapter 57 of the laws of 2019, is
    39  amended to read as follows:
    40    5-d. (a) Notwithstanding any inconsistent provision of  this  section,
    41  section  twenty-eight  hundred  seven-w  of  this  article  or any other
    42  contrary provision of law, and subject to the  availability  of  federal
    43  financial  participation,  for  periods  on and after January first, two
    44  thousand [thirteen] twenty, through  March  thirty-first,  two  thousand
    45  [twenty]  twenty-three, all funds available for distribution pursuant to
    46  this section, except for funds distributed pursuant to subparagraph  (v)
    47  of  paragraph  (b)  of subdivision five-b of this section, and all funds
    48  available for distribution  pursuant  to  section  twenty-eight  hundred
    49  seven-w of this article, shall be reserved and set aside and distributed
    50  in accordance with the provisions of this subdivision.
    51    (b)  The commissioner shall promulgate regulations, and may promulgate
    52  emergency regulations, establishing methodologies for  the  distribution
    53  of  funds  as  described  in  paragraph (a) of this subdivision and such
    54  regulations shall include, but not be limited to, the following:
    55    (i) Such regulations shall  establish  methodologies  for  determining
    56  each  facility's  relative uncompensated care need amount based on unin-

        S. 7506--B                         255                        A. 9506--B
 
     1  sured inpatient and outpatient units of service from the cost  reporting
     2  year  two years prior to the distribution year, multiplied by the appli-
     3  cable medicaid rates in effect January first of the  distribution  year,
     4  as summed and adjusted by a statewide cost adjustment factor and reduced
     5  by  the  sum  of  all  payment  amounts  collected  from  such uninsured
     6  patients, and as further adjusted  by  application  of  a  nominal  need
     7  computation  that shall take into account each facility's medicaid inpa-
     8  tient share.
     9    (ii) Annual distributions pursuant to such  regulations  for  the  two
    10  thousand  [thirteen]  twenty  through  two  thousand [twenty] twenty-two
    11  calendar years shall be in accord with the following:
    12    (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
    13  shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
    14  payments to major public general hospitals; and
    15    (B)  nine  hundred [ninety-four] sixty-nine million nine hundred thou-
    16  sand dollars as Medicaid DSH payments  to  eligible  general  hospitals,
    17  other than major public general hospitals.
    18    For  the calendar years two thousand twenty through two thousand twen-
    19  ty-two, the total distributions to  eligible  general  hospitals,  other
    20  than  major  public  general hospitals, shall be subject to an aggregate
    21  reduction of one hundred fifty million dollars annually,  provided  that
    22  eligible  general  hospitals, other than major public general hospitals,
    23  that qualify as enhanced safety net hospitals under section two thousand
    24  eight hundred seven-c of this article  shall  not  be  subject  to  such
    25  reduction.
    26    Such  reduction shall be determined by a methodology to be established
    27  by the commissioner. Such methodology may take into  account  the  payor
    28  mix  of  each  non-public  general hospital, including the percentage of
    29  inpatient days paid by Medicaid.
    30    (iii)[(A) Such regulations shall establish transition  adjustments  to
    31  the  distributions  made pursuant to clauses (A) and (B) of subparagraph
    32  (ii) of this paragraph such that no facility experiences a reduction  in
    33  indigent care pool payments pursuant to this subdivision that is greater
    34  than the percentages, as specified in clause (C) of this subparagraph as
    35  compared  to  the  average distribution that each such facility received
    36  for the three calendar years prior to two thousand thirteen pursuant  to
    37  this section and section twenty-eight hundred seven-w of this article.
    38    (B)  Such  regulations  shall  also establish adjustments limiting the
    39  increases in indigent  care  pool  payments  experienced  by  facilities
    40  pursuant to this subdivision by an amount that will be, as determined by
    41  the  commissioner  and  in conjunction with such other funding as may be
    42  available for this purpose, sufficient to ensure full  funding  for  the
    43  transition adjustment payments authorized by clause (A) of this subpara-
    44  graph.
    45    (C)  No  facility  shall  experience a reduction in indigent care pool
    46  payments pursuant to this subdivision that: for the calendar year begin-
    47  ning January first, two thousand thirteen, is greater than two and  one-
    48  half  percent;  for the calendar year beginning January first, two thou-
    49  sand fourteen, is greater than five percent; and, for the calendar  year
    50  beginning  on January first, two thousand fifteen; is greater than seven
    51  and one-half percent, and for the calendar  year  beginning  on  January
    52  first,  two  thousand  sixteen, is greater than ten percent; and for the
    53  calendar year beginning on January first,  two  thousand  seventeen,  is
    54  greater  than  twelve  and  one-half  percent; and for the calendar year
    55  beginning on January first,  two  thousand  eighteen,  is  greater  than
    56  fifteen  percent;  and for the calendar year beginning on January first,

        S. 7506--B                         256                        A. 9506--B

     1  two thousand nineteen, is greater than seventeen and  one-half  percent;
     2  and for the calendar year beginning on January first, two thousand twen-
     3  ty,  is  greater  than  twenty  percent] For calendar years two thousand
     4  twenty  through  two thousand twenty-two, sixty-four million six hundred
     5  thousand dollars shall be distributed  to  eligible  general  hospitals,
     6  other  than  major public general hospitals, that experience a reduction
     7  in indigent care pool payments pursuant to this  subdivision,  and  that
     8  qualify  as  enhanced  safety  net  hospitals under section two thousand
     9  eight hundred seven-c of this article as of April  first,  two  thousand
    10  twenty.  Such  distribution shall be established pursuant to regulations
    11  promulgated by  the  commissioner  and  shall  be  proportional  to  the
    12  reduction experienced by the facility.
    13    (iv) Such regulations shall reserve one percent of the funds available
    14  for  distribution  in the two thousand fourteen and two thousand fifteen
    15  calendar years, and for calendar  years  thereafter,  pursuant  to  this
    16  subdivision,  subdivision  fourteen-f  of  section  twenty-eight hundred
    17  seven-c of this article, and sections two hundred eleven and two hundred
    18  twelve of chapter four hundred seventy-four  of  the  laws  of  nineteen
    19  hundred  ninety-six,  in  a  "financial  assistance compliance pool" and
    20  shall establish methodologies for the distribution of such pool funds to
    21  facilities based on their level of  compliance,  as  determined  by  the
    22  commissioner, with the provisions of subdivision nine-a of this section.
    23    (c)  The  commissioner  shall  annually report to the governor and the
    24  legislature on the distribution of funds under this subdivision  includ-
    25  ing, but not limited to:
    26    (i) the impact on safety net providers, including community providers,
    27  rural general hospitals and major public general hospitals;
    28    (ii)  the  provision  of  indigent care by units of services and funds
    29  distributed by general hospitals; and
    30    (iii) the extent to which access to care has been enhanced.
    31    § 4. Paragraph (b) of subdivision 35 of section 2807-c of  the  public
    32  health  law  is  amended  by adding a new subparagraph (iv-a) to read as
    33  follows:
    34    (iv-a) Effective April first, two  thousand  twenty,  such  rates  for
    35  public  general  hospitals  or  public  health systems, other than those
    36  operated by the state of New York or the state university of  New  York,
    37  located  in  a  city  having  a  population of one million or more shall
    38  include a rate add-on that reflects  reimbursement  for  costs,  to  the
    39  extent permitted under 42 CFR 447.272(b)(1) and based on actual utiliza-
    40  tion  of  services.    Such rate add-on shall be contingent upon federal
    41  financial participation and approval, and subject  to  the  terms  of  a
    42  binding  memorandum  of understanding executed between the department of
    43  health and the public general hospital or public health system receiving
    44  the rate add-on. If payment of such rate add-on is  projected  to  cause
    45  Medicaid  disbursements  for such period to exceed the projected depart-
    46  ment of health Medicaid state funds in the enacted budget financial plan
    47  pursuant to subdivision three  of  section  twenty-three  of  the  state
    48  finance  law, as determined by the director of the budget, or memorandum
    49  of understanding is not executed or is breached,  the  commissioner,  in
    50  consultation  with  the  director of budget, may either cancel or reduce
    51  payment of such rate add-on to achieve compliance with the enacted budg-
    52  et financial plan.
    53    § 5. Paragraph (e) of subdivision 2-a of section 2807  of  the  public
    54  health  law  is  amended  by  adding  a new subparagraph (iv) to read as
    55  follows:

        S. 7506--B                         257                        A. 9506--B
 
     1    (iv) Effective April first, two thousand  twenty,  regulations  issued
     2  pursuant to this paragraph for public general hospitals or public health
     3  systems, other than those operated by the state of New York or the state
     4  university  of  New  York,  located in a city having a population of one
     5  million or more shall reflect additional reimbursement for costs, to the
     6  extent permitted under 42 CFR 447.321(b)(1) and based on actual utiliza-
     7  tion  of  services.  Such  rate  add-on shall be contingent upon federal
     8  financial participation and approval, and subject  to  the  terms  of  a
     9  binding  memorandum  of understanding executed between the department of
    10  health and the public general hospital or public health system receiving
    11  the rate add-on. If payment of such rate add-on is  projected  to  cause
    12  Medicaid  disbursements  for such period to exceed the projected depart-
    13  ment of health Medicaid state funds in the enacted budget financial plan
    14  pursuant to subdivision three  of  section  twenty-three  of  the  state
    15  finance  law,  as determined by the director of the budget, or the memo-
    16  randum of understanding is not executed or is breached, the  commission-
    17  er,  in  consultation with the director of the budget, may either cancel
    18  or reduce payment of such rate add-on to  achieve  compliance  with  the
    19  enacted budget financial plan.
    20    §  6.  Notwithstanding any inconsistent provision of law or regulation
    21  to the contrary, and subject to the availability  of  federal  financial
    22  participation  pursuant to title XIX of the federal social security act,
    23  effective for the period April 1, 2020 through March 31, 2021, and state
    24  fiscal years thereafter, the department of health is authorized to pay a
    25  rate adjustment either directly as fee for  service  medical  assistance
    26  payments  to,  or to managed care organizations authorized under article
    27  44 of the public health law or article 43 of the insurance law that have
    28  in their network, public general hospitals, as defined in subdivision 10
    29  of section 2801 of the public health law, other than those  operated  by
    30  the  state of New York or the state university of New York, located in a
    31  city with a population of over 1 million, as medical assistance payments
    32  for inpatient services pursuant to title 11 of article 5 of  the  social
    33  services  law  for patients eligible for federal financial participation
    34  under title XIX of the federal social security act, contingent upon  the
    35  execution  of  a  memorandum  of understanding between the department of
    36  health and the New York city health and hospitals corporation. The memo-
    37  randum of understanding shall govern the terms, conditions, criteria and
    38  methodologies for such rate adjustments and shall,  at  a  minimum,  set
    39  forth:  (a)  the  estimated  amounts  to  be  paid pursuant to such rate
    40  adjustment; (b) the timing and methodology by which the city of New York
    41  will fund any local share contribution, consistent with section 1905(cc)
    42  of the federal social security act, or any successor  provision,  toward
    43  the  aggregate amount to be paid as part of the rate adjustment; and (c)
    44  the methodology by which the anticipated total amount to be paid through
    45  such rate adjustment will be funded  in  advance  through  an  estimated
    46  local  share contribution and then reconciled with actual utilization of
    47  services and application of the annual upper payment limit demonstration
    48  to the extent required by the secretary of the United States  Department
    49  of Health and Human Services pursuant to 42 CFR 431.16, or any successor
    50  provision.  If  the  annual  upper payment limit demonstration yields an
    51  amount that is less than the aggregate amount paid in the  rate  adjust-
    52  ment  provided  by the public health law, then the rate adjustment shall
    53  be reduced to reflect the demonstration  amount  and  other  actions  as
    54  authorized  by  the  memorandum  of  understanding.  If the annual upper
    55  payment limit demonstration yields an  amount  that  is  more  than  the
    56  aggregate  amount  paid  in  the  rate adjustment provided by the public

        S. 7506--B                         258                        A. 9506--B
 
     1  health law, the rate adjustment shall be adjusted to reflect the  demon-
     2  stration amount.
     3    §  7. Notwithstanding any inconsistent provision of law, rule or regu-
     4  lation to the contrary, and  subject  to  the  availability  of  federal
     5  financial  participation  pursuant  to  title  XIX of the federal social
     6  security act, effective for the period April 1, 2020 through  March  31,
     7  2021,  and  state  fiscal  years thereafter, the department of health is
     8  authorized to increase the operating cost component of rates of  payment
     9  for  general hospital outpatient services and general hospital emergency
    10  room services issued pursuant to  paragraph  (g)  of  subdivision  2  of
    11  section  2807  of the public health law for public general hospitals, as
    12  defined in subdivision 10 of section 2801  of  the  public  health  law,
    13  other  than those operated by the state of New York or the state univer-
    14  sity of New York, and located in a  city  with  a  population  over  one
    15  million, as a rate adjustment either directly as fee for service medical
    16  assistance  payments  or  to managed care organizations authorized under
    17  article 44 of the public health law or article 43 of the  insurance  law
    18  that  have  in  their  network  such  hospitals,  as  medical assistance
    19  payments for outpatient services pursuant to title 11 of  article  5  of
    20  the  social  services  law  for  patients eligible for federal financial
    21  participation under title  XIX  of  the  federal  social  security  act,
    22  contingent  upon  the execution of a memorandum of understanding between
    23  the department of health and the New  York  city  health  and  hospitals
    24  corporation.  The  memorandum  of  understanding shall govern the terms,
    25  conditions, criteria and methodologies for  such  rate  adjustments  and
    26  shall,  at  a  minimum,  set forth: (a) the estimated amounts to be paid
    27  pursuant to this rate adjustment; (b)  the  timing  and  methodology  by
    28  which  the  city  of  New  York  will fund any local share contribution,
    29  consistent with section 1905(cc) of the federal social security act,  or
    30  any  successor provision, toward the aggregate amount to be paid as part
    31  of the rate adjustment; and (c) the methodology by which the anticipated
    32  total amount to be paid through such rate adjustment will be  funded  in
    33  advance  through  an  estimated local share contribution and then recon-
    34  ciled with actual utilization of services and application of the  annual
    35  upper  payment  limit demonstration to the extent required by the secre-
    36  tary of the United States Department of Health and Human Services pursu-
    37  ant to 42 CFR 431.16, or any successor provision. If  the  annual  upper
    38  payment  limit  demonstration  yields  an  amount  that is less than the
    39  aggregate amount paid in the rate  adjustment  provided  by  the  public
    40  health  law,  then  the  rate adjustment shall be reduced to reflect the
    41  demonstration amount and other actions as authorized by  the  memorandum
    42  of understanding. If the annual upper payment limit demonstration yields
    43  an  amount  that  is  more  than  the  aggregate amount paid in the rate
    44  adjustment provided by the public health law, the rate adjustment  shall
    45  be adjusted to reflect the demonstration amount.
    46    §  8.  This  act  shall take effect immediately and shall be deemed to
    47  have been in full force and effect on and after April 1, 2020, provided,
    48  further that sections three through nine of this act shall expire and be
    49  deemed repealed March 31, 2023;  provided  further,  however,  that  the
    50  director  of  the  budget  may, in consultation with the commissioner of
    51  health, delay the effective dates prescribed herein for a period of time
    52  which shall not exceed ninety days following the  conclusion  or  termi-
    53  nation of an executive order issued pursuant to section 28 of the execu-
    54  tive  law  declaring  a state disaster emergency for the entire state of
    55  New York, upon such delay the director of budget shall notify the chairs
    56  of the assembly ways and means committee and  senate  finance  committee

        S. 7506--B                         259                        A. 9506--B
 
     1  and  the  chairs  of  the assembly and senate health committee; provided
     2  further, however, that the director  of  the  budget  shall  notify  the
     3  legislative  bill  drafting commission upon the occurrence of a delay in
     4  the effective date of this act in order that the commission may maintain
     5  an  accurate  and timely effective data base of the official text of the
     6  laws of the state  of  New  York  in  furtherance  of  effectuating  the
     7  provisions  of section 44 of the legislative law and section 70-b of the
     8  public officers law.
 
     9                                   PART LL
 
    10    Section 1. Intentionally omitted.
    11    § 2. Subdivision 4 of section 365-h of the  social  services  law,  as
    12  separately  amended  by section 50 of part B and section 24 of part D of
    13  chapter 57 of the laws of 2015, is amended to read as follows:
    14    4. (a) The commissioner of health is authorized to assume responsibil-
    15  ity from  a  local  social  services  official  for  the  provision  and
    16  reimbursement of transportation costs under this section. If the commis-
    17  sioner  elects  to  assume  such  responsibility, the commissioner shall
    18  notify the local social services official in writing as to the election,
    19  the date upon which the election shall be effective and such information
    20  as to transition of responsibilities as the commissioner deems  prudent.
    21  The commissioner is authorized to contract with a transportation manager
    22  or  managers  to  manage  transportation  services  in  any local social
    23  services  district,  other  than  transportation  services  provided  or
    24  arranged  for  enrollees  of managed long term care plans issued certif-
    25  icates of authority under section  forty-four  hundred  three-f  of  the
    26  public  health law.   Any transportation manager or managers selected by
    27  the commissioner to manage transportation  services  shall  have  proven
    28  experience  in  coordinating transportation services in a geographic and
    29  demographic area similar to the area in New York state within which  the
    30  contractor  would  manage  the provision of services under this section.
    31  Such a contract or contracts may  include  responsibility  for:  review,
    32  approval  and  processing  of  transportation  orders; management of the
    33  appropriate level of transportation based on documented patient  medical
    34  need; and development of new technologies leading to efficient transpor-
    35  tation  services. If the commissioner elects to assume such responsibil-
    36  ity from a local social services district, the commissioner shall  exam-
    37  ine  and,  if  appropriate,  adopt  quality  assurance measures that may
    38  include, but are not limited  to,  global  positioning  tracking  system
    39  reporting  requirements and service verification mechanisms. Any and all
    40  reimbursement rates developed  by  transportation  managers  under  this
    41  subdivision  shall  be subject to the review and approval of the commis-
    42  sioner.
    43    (b)(i) Subject to federal financial participation, for periods on  and
    44  after April first, two thousand twenty-one, in order to more cost-effec-
    45  tively  provide  non-emergency  transportation to Medicaid beneficiaries
    46  who need access to  medical  care  and  services,  the  commissioner  is
    47  authorized  to  contract  with  one  or  more  transportation management
    48  brokers to manage such transportation on a statewide or regional  basis,
    49  as determined by the commissioner, in accordance with the federal social
    50  security act as follows:
    51    (A)  The transportation management broker or brokers shall be selected
    52  through a competitive bidding process based  on  an  evaluation  of  the
    53  broker's  experience, performance, references, resources, qualifications
    54  and costs; provided, however, that the  department's  selection  process

        S. 7506--B                         260                        A. 9506--B
 
     1  shall  be memorialized in a procurement record as defined in section one
     2  hundred sixty-three of the state finance law;
     3    (B)  The  transportation management broker or brokers shall have over-
     4  sight procedures to monitor Medicaid beneficiary access  and  complaints
     5  and ensure that enrolled Medicaid transportation providers are licensed,
     6  qualified, competent and courteous.
     7    (C)  The  transportation management broker or brokers shall be subject
     8  to regular auditing and oversight by the department in order  to  ensure
     9  the  quality  of  the  transportation  services provided and adequacy of
    10  Medicaid beneficiary access to medical care and services.
    11    (D) The transportation management broker or brokers shall comply  with
    12  requirements  related  to  prohibitions  on  referrals  and conflicts of
    13  interest required by the federal social security act.
    14    (ii) The transportation management broker or brokers may be paid a per
    15  member per month capitated fee or a combination of capitation and  fixed
    16  cost  reimbursement  and  the contract shall include, but not be limited
    17  to, responsibility for:
    18    (A) establishing a network of high-quality Medicaid  enrolled  provid-
    19  ers;  provided, however, that in developing such network the transporta-
    20  tion management broker shall  evaluate  the  qualifications  of  current
    21  Medicaid  transportation providers on a priority basis for participation
    22  in its network, and leverage reputable transportation providers  with  a
    23  proven  record  of  serving  Medicaid  beneficiaries  with  high-quality
    24  services;
    25    (B) continuing outreach to Medicaid enrolled providers to  assess  and
    26  resolve service quality issues;
    27    (C)  developing mandatory corrective actions for any Medicaid enrolled
    28  provider that falls under quality performance standards;
    29    (D) establishing a prior approval process which shall include  verify-
    30  ing  Medicaid eligibility and reviewing, approving and processing trans-
    31  portation orders;
    32    (E) managing the appropriate level of transportation  based  on  docu-
    33  mented  patient  medical  need to ensure that Medicaid beneficiaries are
    34  using the most medically appropriate mode of  transportation,  including
    35  public  transportation, which shall be maximized statewide, including in
    36  rural areas; provided that when determining  the  appropriate  level  of
    37  transportation,  the  transportation management broker shall ensure that
    38  patients have reasonable and  timely  access  to  medically  appropriate
    39  transportation services;
    40    (F)  implementing  technologies to effectuate efficient transportation
    41  services, such as GPS, to improve match to mode of transportation;
    42    (G) establishing fees to reimburse  enrolled  Medicaid  transportation
    43  providers;
    44    (H)  adjudicating  and  paying  claims  submitted by enrolled Medicaid
    45  transportation providers;
    46    (I) reporting on performance encompassing all aspects of the transpor-
    47  tation program,  including  but  not  limited  to  Medicaid  beneficiary
    48  complaints  including the length of time to make a compliant, wait times
    49  related to the receipt of services by a recipient, and tracking  medical
    50  justifications to modes of transportation provided;
    51     (J)  collaborating with Medicaid beneficiaries and consumer groups to
    52  identify and resolve issues to increase consumer satisfaction;
    53    (K) auditing cancellation data on a quarterly basis to ensure  accura-
    54  cy;

        S. 7506--B                         261                        A. 9506--B
 
     1    (L)  coordinating  medical  benefits  and transportation with Medicaid
     2  managed  care  organizations,  including  development  of  value   based
     3  payments for transportation services; and
     4    (M)  such  contracts  shall  include  penalties for incorrect denials,
     5  unresolved complaint rates, unfulfilled trips, and  any  other  criteria
     6  determined  by the commissioner and specified in the competitive bidding
     7  process.
     8    (iii) A transportation management broker with which  the  commissioner
     9  contracts  shall  file with the commissioner a bond issued by an insurer
    10  authorized to write fidelity and surety insurance in this state,  in  an
    11  amount  and  form  to be determined by the commissioner.  The purpose of
    12  the surety bond shall be to provide  the  sole  source  of  recourse  to
    13  providers  of Medicaid transportation services, other than the transpor-
    14  tation management broker, that cannot receive payment for services prop-
    15  erly provided if the transportation management broker becomes insolvent.
    16  To the extent permitted by law, the surety bond shall provide  that  any
    17  funds that remain after such provider liabilities are satisfied shall be
    18  paid to that state.
    19    (iv)  A  transportation  management broker with which the commissioner
    20  contracts shall  provide  to  Medicaid  enrolled  providers  annually  a
    21  conspicuous  written disclosure that states the following: "The New York
    22  State Department of  Health  has  contracted  with  this  transportation
    23  management  broker  to arrange non-emergency transportation for Medicaid
    24  beneficiaries who need access to medical care and services and is paying
    25  the transportation management broker a per member  per  month  capitated
    26  fee  or  a  combination of capitation and fixed cost reimbursement. This
    27  transportation management broker is not licensed by the New  York  State
    28  Department of Financial Services as an insurer and is not subject to its
    29  supervision as an insurer.  This transportation management broker is not
    30  protected  by New York security funds and there will not be any right to
    31  recover against  the  department  of  health,  department  of  financial
    32  services,  or  this  state in the event of the transportation management
    33  broker's insolvency.
    34    (v) To the extent practicable, the competitive bidding and contracting
    35  process  maybe  completed  by  April  first,  two  thousand  twenty-one;
    36  provided,  however,  such  contract  may be effective at some date after
    37  April first, two thousand twenty-one, if the  process  takes  longer  to
    38  complete.
    39    (vi)  Responsibility  for transportation services provided or arranged
    40  for enrollees of managed long term care  plans  issued  certificates  of
    41  authority  under section forty-four hundred three-f of the public health
    42  law, not including a program designated as a  Program  of  All-Inclusive
    43  Care for the Elderly (PACE) as authorized by Federal Public law 1053-33,
    44  subtitle  I  of title IV of the Balanced Budget Act of 1997, and, at the
    45  commissioner's discretion, other plans that integrate benefits for dual-
    46  ly eligible Medicare and Medicaid beneficiaries based on a demonstration
    47  by the plan that inclusion of transportation within the benefit  package
    48  will  result  in  cost  efficiencies  and  quality improvement, shall be
    49  transferred to a transportation management broker that  has  a  contract
    50  with  the  commissioner  in accordance with this paragraph. Providers of
    51  adult day health care may elect to, but shall not be  required  to,  use
    52  the services of the transportation management broker.
    53    §  2-a.   For periods on and after April 1, 2020, Medicaid transporta-
    54  tion rates for the taxi/livery/van (non-ambulette) category  of  service
    55  in  effect  on April 1, 2020 shall be reduced by 7.5%, relative to rates
    56  in effect on March 31, 2020, and for periods on and  after  December  1,

        S. 7506--B                         262                        A. 9506--B
 
     1  2020,  such  rates  in  effect  on  November  30, 2020, shall be further
     2  reduced by 7.5%,  relative  to  rates  in  effect  on  March  31,  2020;
     3  provided,  however,  such rate reductions may be adjusted if the commis-
     4  sioner  of  health  determines  there are Medicaid transportation access
     5  issues in a region, including rural areas.
     6    § 2-b.  Providers of adult day health care may elect to, but shall not
     7  be required to, use the services of the transportation manager or manag-
     8  ers described in section 365-h of the social services law.
     9    § 3. The commissioner of health shall seek, pursuant to a  state  plan
    10  amendment,  authorization  to establish and administer a program for the
    11  federal financial participation in reimbursement  for  ground  emergency
    12  medical  transportation  services  provided to Medicaid beneficiaries by
    13  eligible transportation providers on a voluntary basis. The commissioner
    14  of health may promulgate regulations, including  emergency  regulations,
    15  in order to implement the provisions of this section.
    16    1. Such program shall establish a payment methodology for supplemental
    17  reimbursement  that  shall  require the eligible transportation provider
    18  file cost reports and data as required by the  commissioner  of  health,
    19  and certify that:
    20    (a) in accordance with 42 C.F.R. section 433.51 or any successor regu-
    21  lation, the claimed expenditures for the ground emergency medical trans-
    22  portation services are eligible for federal financial participation; and
    23    (b) the amount certified pursuant to paragraph (a) of this subdivision
    24  when combined with amounts received from all other sources of reimburse-
    25  ment  from  the  Medicaid program does not exceed one hundred percent of
    26  actual costs, as determined in accordance with the Medicaid state  plan,
    27  for ground emergency transportation services.
    28    2. Eligible transportation providers receiving supplemental reimburse-
    29  ment  pursuant to this subdivision shall not receive non-comparable cost
    30  reimbursement for the Medicaid costs associated with ambulance  services
    31  as  provided  in  subparagraph (i) of paragraph (b) of subdivision 35 of
    32  section 2807-c of the public health law and as may  be  further  defined
    33  regulations  issued  by  the commissioner of health and shall not report
    34  such costs as Medicaid reimbursable  costs  in  the  institutional  cost
    35  report.
    36    3.  For  the  purposes  of  this  section, an "eligible transportation
    37  provider" shall mean:
    38    (a) a provider who provides ground  emergency  medical  transportation
    39  services to Medicaid beneficiaries; and
    40    (b)  is  enrolled as a Medicaid provider for the period being claimed;
    41  and
    42    (c) is owned or operated by the  state,  a  political  subdivision  or
    43  local  government,  that  employs  or contracts with persons or entities
    44  licensed to provide emergency medical services in New  York  state,  and
    45  includes private entities to the extent permissible under federal law.
    46    §  4.  Section 365-h of the social services law is amended by adding a
    47  new subdivision 6 to read as follows:
    48    6. (a) The commissioner of health shall require transportation provid-
    49  ers enrolled in the Medicaid program and specified by  the  commissioner
    50  pursuant to regulation, to report the costs incurred in providing trans-
    51  portation  services  to Medicaid beneficiaries pursuant to this section;
    52  provided, however, this requirement shall only  apply  if  there  is  no
    53  transportation management broker contract authorized in subdivision four
    54  of  this  section.    The  commissioner  shall specify the frequency and
    55  format of such reports and determine the type and amount of  information
    56  required  to  be submitted, including supporting documentation, provided

        S. 7506--B                         263                        A. 9506--B
 
     1  that such reports shall be no more frequent than quarterly. The  commis-
     2  sioner  shall  give  all  transportation  providers  no less than ninety
     3  calendar days' notice before such reports are due.
     4    (b) If the commissioner determines that the cost report submitted by a
     5  Medicaid  transportation  provider  is  inaccurate  or  incomplete,  the
     6  commissioner shall notify  such  provider  in  writing  and  advise  the
     7  provider  of  the correction or additional information that the provider
     8  must submit.   The provider shall submit  the  corrected  or  additional
     9  information  within  thirty  calendar  days  from  the date the provider
    10  receives the notice.
    11    (c) The commissioner shall  grant  a  provider  an  additional  thirty
    12  calendar  days to submit the original cost report, or corrected or addi-
    13  tional information required pursuant to paragraph (b) of  this  subdivi-
    14  sion only when the provider submits a written request to the commission-
    15  er  for  an  extension  prior  to  the  due  date and establishes to the
    16  satisfaction of the commissioner that the  provider  cannot  submit  the
    17  cost  report  or corrected or additional information by the due date for
    18  reasons beyond the provider's control.
    19    § 5. Intentionally omitted.
    20    § 6. Intentionally omitted.
    21    § 7. Intentionally omitted.
    22    § 8. Intentionally omitted.
    23    § 9.  This act shall take effect immediately and shall  be  deemed  to
    24  have been in full force and effect on and after April 1, 2020; provided,
    25  however,  that  section two of this act shall take effect April 1, 2021;
    26  provided, further that the amendments to subdivisions 4 and 6 of section
    27  365-h of the social services law made by sections two and four  of  this
    28  act  shall  be  subject  to the expiration and reversion of such section
    29  pursuant to subdivision (a) of section 40 of part B of  chapter  109  of
    30  the laws of 2010, as amended; provided further, however, that the direc-
    31  tor  of the budget may, in consultation with the commissioner of health,
    32  delay the effective dates prescribed herein for a period of  time  which
    33  shall  not exceed ninety days following the conclusion or termination of
    34  an executive order issued pursuant to section 28 of  the  executive  law
    35  declaring  a  state disaster emergency for the entire state of New York,
    36  upon such delay the director of the budget shall notify  the  chairs  of
    37  the  assembly  ways and means committee and the senate finance committee
    38  and the chairs of the assembly and  senate  health  committee;  provided
    39  further,  however,  that  the  director  of  the budget shall notify the
    40  legislative bill drafting commission upon the occurrence of a  delay  in
    41  the effective date of this act in order that the commission may maintain
    42  an  accurate  and timely effective data base of the official text of the
    43  laws of the state  of  New  York  in  furtherance  of  effectuating  the
    44  provisions  of section 44 of the legislative law and section 70-b of the
    45  public officers law.
 
    46                                   PART MM
 
    47    Section 1. Intentionally omitted.
    48    § 2. Subparagraphs (i) and (ii) of paragraph (e) of subdivision  2  of
    49  section  365-a of the social services law, as amended by section 36-a of
    50  part B of chapter 57 of the  laws  of  2015,  are  amended  to  read  as
    51  follows:
    52    (i)  personal  care  services,  including  personal emergency response
    53  services, shared aide and an individual aide, subject to the  provisions
    54  of  subparagraphs  (ii),  (iii),  [and] (iv), (v) and (vi) of this para-

        S. 7506--B                         264                        A. 9506--B

     1  graph, furnished to an individual who is not an inpatient or resident of
     2  a hospital,  nursing  facility,  intermediate  care  facility  for  [the
     3  mentally retarded] individuals with intellectual disabilities, or insti-
     4  tution  for  mental disease, as determined to meet the recipient's needs
     5  for assistance when cost effective and appropriate, and when  prescribed
     6  by a qualified independent physician selected or approved by the depart-
     7  ment of health, in accordance with the recipient's plan of treatment and
     8  provided  by individuals who are qualified to provide such services, who
     9  are supervised by a registered nurse and who  are  not  members  of  the
    10  recipient's  family,  and  furnished  in  the  recipient's home or other
    11  location;
    12    (ii) the commissioner is authorized to adopt  standards,  pursuant  to
    13  emergency regulation, for the provision [and], management and assessment
    14  of  services  available  under this paragraph for individuals whose need
    15  for such services exceeds a specified level  to  be  determined  by  the
    16  commissioner,  and who with the provision of such services is capable of
    17  safely remaining in the community in accordance with the  standards  set
    18  forth  in  Olmstead  v.  LC  by  Zimring, 527 US 581 (1999) and consider
    19  whether an individual is capable of safely remaining in the community;
    20    § 2-a. Paragraph (e) of subdivision 2 of section 365-a of  the  social
    21  services  law is amended by adding two new subparagraphs (v) and (vi) to
    22  read as follows:
    23    (v) subject to the availability of  federal  financial  participation,
    24  personal  care  services other than personal emergency response services
    25  available pursuant to this paragraph shall be available only to individ-
    26  uals assessed as needing  at  least  limited  assistance  with  physical
    27  maneuvering  with more than two activities of daily living, or for indi-
    28  viduals with a dementia or Alzheimer's diagnosis, assessed as needing at
    29  least supervision with more  than  one  activity  of  daily  living,  as
    30  defined  and determined by using an evidenced based validated assessment
    31  instrument approved by the commissioner and  in  accordance  with  regu-
    32  lations  of  the department and any applicable state and federal laws by
    33  an independent assessor. The provisions of this subparagraph shall  only
    34  apply  to  individuals  who  receive  an  initial authorization for such
    35  services on or after October first, two thousand twenty;
    36    (vi) In establishing any standards for the  provision,  management  or
    37  assessment  of personal care services the state shall meet the standards
    38  set forth in Olmstead v. LC by Zimring, 527 US 581 (1999)  and  consider
    39  whether an individual is capable of safely remaining in the community;
    40    §  2-b.  Paragraph (a) of subdivision 2 of section 365-f of the social
    41  services law, as added by chapter 81 of the laws of 1995, is amended  to
    42  read as follows:
    43    (a)  is  eligible for long term care and services provided by a certi-
    44  fied home health agency, long term home health care program or AIDS home
    45  care program authorized pursuant to article  thirty-six  of  the  public
    46  health  law, or is eligible for personal care services provided pursuant
    47  to this article, and who with the provision of such services is  capable
    48  of  safely  remaining  in the community in accordance with the standards
    49  set forth in Olmstead v. LC by Zimring, 527 US 581 (1999)  and  consider
    50  whether an individual is capable of safely remaining in the community;
    51    §  3.  Paragraph  (c)  of subdivision 2 of section 365-f of the social
    52  services law, as amended by chapter 511 of the laws of 2015, is  amended
    53  to read as follows:
    54    (c)  has  been determined by the social services district, pursuant to
    55  an assessment of the person's appropriateness for the program, conducted
    56  with an appropriate long term home health care program, a certified home

        S. 7506--B                         265                        A. 9506--B
 
     1  health agency, or an AIDS home care program or pursuant to the  personal
     2  care  program,  as  being  in need of home care services or private duty
     3  nursing and as needing at least limited assistance with physical  maneu-
     4  vering  with  more  than  two activities of daily living, or for persons
     5  with a dementia or Alzheimer's diagnosis, as  needing  at  least  super-
     6  vision  with  more  than one activity of daily living, provided that the
     7  provisions related to activities of daily living in this paragraph shall
     8  only apply to persons who initially seek eligibility for the program  on
     9  or after October first, two thousand twenty, and who is able and willing
    10  or  has a designated representative, including a legal guardian able and
    11  willing to make informed choices, or  a  designated  relative  or  other
    12  adult  who  is able and willing to assist in making informed choices, as
    13  to the type and quality of services, including but not limited  to  such
    14  services  as  nursing  care,  personal  care, transportation and respite
    15  services; and
    16    § 4. Paragraph (a) of subdivision 6 of section 4403-f  of  the  public
    17  health  law,  as  amended by section 41-b of part H of chapter 59 of the
    18  laws of 2011, is amended to read as follows:
    19    (a) An applicant shall be issued  a  certificate  of  authority  as  a
    20  managed  long  term  care  plan upon a determination by the commissioner
    21  that the applicant  complies  with  the  operating  requirements  for  a
    22  managed  long  term care plan under this section. The commissioner shall
    23  issue no more than seventy-five certificates  of  authority  to  managed
    24  long  term care plans pursuant to this section.  Nothing in this section
    25  shall be construed as requiring the department to contract  with  or  to
    26  contract  for  a  particular  line  of business with an entity certified
    27  under this section for the provision of services available  under  title
    28  eleven of article five of the social services law.
    29    §  5.  Subdivision  6  of  section  4403-f of the public health law is
    30  amended by adding three new paragraphs (d),  (e)  and  (f)  to  read  as
    31  follows:
    32    (d) (i) Effective April first, two thousand twenty, and expiring March
    33  thirty-first,  two  thousand  twenty-two, the commissioner shall place a
    34  moratorium on the processing and  approval  of  applications  seeking  a
    35  certificate  of  authority  as a managed long term care plan pursuant to
    36  this section, including applications seeking authorization to expand  an
    37  existing managed long term care plan's approved service area or scope of
    38  eligible enrollee populations. Such moratorium shall not apply to:
    39    (A)  applications  submitted to the department prior to January first,
    40  two thousand twenty;
    41    (B) applications seeking approval to transfer ownership or control  of
    42  an existing managed long term care plan;
    43    (C) applications demonstrating to the commissioner's satisfaction that
    44  submission  of the application for consideration would be appropriate to
    45  address a serious concern with care delivery, such as a lack of adequate
    46  access to managed long term care plans in a geographic area or a lack of
    47  adequate and appropriate care,  language  and  cultural  competence,  or
    48  special needs services; and
    49    (D) applications seeking to operate under the PACE (Program of All-In-
    50  clusive  Care for the Elderly) model as authorized by federal public law
    51  105-33, subtitle I of title IV of the Balanced Budget Act of 1997, or to
    52  serve individuals dually eligible for services and benefits under titles
    53  XVIII and XIX of the federal social security act in conjunction with  an
    54  affiliated  Medicare Dual Eligible Special Needs Plan, based on the need
    55  for such plans and the experience of applicants in serving dually eligi-
    56  ble individuals as determined by the commissioner in their discretion.

        S. 7506--B                         266                        A. 9506--B
 
     1    (ii) For the duration of the moratorium, the commissioner shall assess
     2  the public need for managed long term care plans that are not integrated
     3  with an affiliated Medicare plan, the ability of such plans  to  provide
     4  high  quality and cost effective care for their membership, and based on
     5  such  assessment  develop a process and conduct an orderly wind-down and
     6  elimination of such plans, which shall coincide with the  expiration  of
     7  the  moratorium  unless  the commissioner determines that a longer wind-
     8  down period is needed.
     9    (e) For the duration of the moratorium under  paragraph  (d)  of  this
    10  subdivision, the commissioner shall establish, and enforce by means of a
    11  premium  withholding  equal to three percent of the base rate, an annual
    12  cap on total enrollment (enrollment cap) for each managed long term care
    13  plan, subject to subparagraphs (ii) and (iii) of this  paragraph,  based
    14  on  a percentage of each plan's reported enrollment as of October first,
    15  two thousand twenty.
    16    (i) The specific percentage of each plan's  enrollment  cap  shall  be
    17  established by the commissioner based on: (A) the ability of individuals
    18  eligible  for  such  plans to access health and long term care services,
    19  (B) plan quality of care scores, (C) historical plan disenrollment,  (D)
    20  the projected growth of individuals eligible for such plans in different
    21  regions  of  the  state, (E) historical plan enrollment of patients with
    22  varying levels of need and acuity, and (F) other factors in the  commis-
    23  sioner's  discretion  to  ensure  compliance  with federal requirements,
    24  appropriate access to plan services, and choice by eligible individuals.
    25    (ii) In the event that a plan exceeds its annual enrollment  cap,  the
    26  commissioner  is  authorized  under  this  paragraph  to retain all or a
    27  portion of the premium withheld based on the amount over  which  a  plan
    28  exceeds its enrollment cap. Penalties assessed pursuant to this subdivi-
    29  sion shall be determined by regulation.
    30    (iii)  The  commissioner  may  not  establish  an  annual cap on total
    31  enrollment under this paragraph for plans' lines of  business  operating
    32  under  the PACE (Program of All-Inclusive Care for the Elderly) model as
    33  authorized by federal public law 105-33, subtitle I of title IV  of  the
    34  Balanced  Budget  Act of 1997, or that serve individuals dually eligible
    35  for services and benefits under titles XVIII  and  XIX  of  the  federal
    36  social  security  act  in  conjunction  with an affiliated Medicare Dual
    37  Eligible Special Needs Plan.
    38    (f) In implementing the provisions of paragraphs (d) and (e)  of  this
    39  subdivision, the commissioner shall, to the extent practicable, consider
    40  and  select  methodologies  that seek to maximize continuity of care and
    41  minimize disruption to the provider labor workforce, and shall,  to  the
    42  extent  practicable  and  consistent  with  the ratios set forth herein,
    43  continue to support contracts between managed long term care  plans  and
    44  licensed  home  care services agencies that are based on a commitment to
    45  quality and value.
    46    § 5-a. Subparagraph (vi) of paragraph (b) of subdivision 7 of  section
    47  4403-f  of  the public health law, as added by section 41-b of part H of
    48  chapter 59 of the laws of 2011, is amended to read as follows:
    49    (vi) persons required to enroll in the managed long term care  program
    50  or  other care coordination model established pursuant to this paragraph
    51  shall have no less than thirty days to select a managed long  term  care
    52  provider,  and  shall  be  provided with information to make an informed
    53  choice. Where a participant  has  not  selected  such  a  provider,  the
    54  commissioner  shall  assign such participant to a managed long term care
    55  provider, taking into account consistency with any prior community-based
    56  direct care  workers  having  recently  served  the  recipient,  quality

        S. 7506--B                         267                        A. 9506--B
 
     1  performance  criteria, capacity and geographic accessibility. During the
     2  period prior to receiving services from a managed long term care provid-
     3  er assigned under this subparagraph, the  person  may  receive  services
     4  under fee for service Medicaid.
     5    §  6.  Paragraph  (b) of subdivision 7 of section 4403-f of the public
     6  health law is amended by adding a new  subparagraph  (iii)  to  read  as
     7  follows:
     8    (iii) Notwithstanding and in addition to any provision of subparagraph
     9  (i)  of  this paragraph and subject to any federal requirements, persons
    10  dually eligible for medical assistance and benefits  under  the  federal
    11  Medicare  program  who  are enrolled in a Medicare Dual Eligible Special
    12  Needs Plan and  who  do  not  require  community-based  long  term  care
    13  services,  as  specified by the commissioner, for a continuous period of
    14  more than one hundred and twenty days shall be required to  enroll  with
    15  an  available  affiliated  plan  certified pursuant to this section when
    16  program features and reimbursement rates are approved by the commission-
    17  er.
    18    § 7. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
    19  of 2014, amending the social services  law  relating  to  fair  hearings
    20  within the Fully Integrated Duals Advantage program, as amended by chap-
    21  ter 106 of the laws of 2018, is amended to read as follows:
    22    4-a.  section  twenty-two of this act shall take effect April 1, 2014,
    23  and shall be deemed expired January 1, [2021] 2024;
    24    § 8. Subdivision 2-a of section 22 of  the  social  services  law,  as
    25  added  by  section  22  of  part C of chapter 60 of the laws of 2014, is
    26  amended to read as follows:
    27    2-a. With regard to fair hearings  held  in  connection  with  appeals
    28  [under  the  fully integrated duals advantage demonstration program] for
    29  integrated fair hearing and appeals  processes  for  individuals  dually
    30  eligible  for  medical  assistance  and  benefits available under titles
    31  XVIII and XIX of the federal social security act, the  commissioner  may
    32  contract  for the sole purpose of assisting staff of the office for such
    33  purpose.
    34    § 9. Subdivision 1 of section 4013 of the public health law, as  added
    35  by section 26 of part J of chapter 82 of the laws of 2002, is amended to
    36  read as follows:
    37    1.  The  commissioner  shall, subject to the provisions of subdivision
    38  two of this section, increase medical assistance rates of payment by  up
    39  to  three  percent  for  hospice services provided on and after December
    40  first, two thousand two,  for  purposes  of  improving  recruitment  and
    41  retention of non-supervisory workers or workers with direct patient care
    42  responsibility.
    43    §  10. The public health law is amended by adding a new section 3605-c
    44  to read as follows:
    45    § 3605-c. Authorization to enroll and provide medical assistance.   1.
    46  A  licensed  home  care  services  agency  (LHCSA) shall not enroll as a
    47  provider in the medical assistance program operated  pursuant  to  title
    48  eleven  of  article  five of the social services law or provide or claim
    49  for services pursuant thereto, whether provided under the state plan,  a
    50  waiver  thereto  or  through  a managed care organization, without being
    51  authorized to do so by contract with the department entered into  pursu-
    52  ant  to this section. Authorization under this section shall not substi-
    53  tute for or duplicate the requirements of licensure under  this  article
    54  or  the  screening  and enrollment process required for participation in
    55  the medical assistance program.

        S. 7506--B                         268                        A. 9506--B
 
     1    2. Notwithstanding any inconsistent provision of section  one  hundred
     2  sixty-three  of the state finance law, or sections one hundred forty-two
     3  and one hundred forty-three of the economic development law, the commis-
     4  sioner shall enter into a sufficient number of contracts with LHCSAs  to
     5  ensure  medical  assistance recipients have access to care and services,
     6  provided, however, that:
     7    (a) the department shall post on its website for a period of  no  less
     8  than thirty days:
     9    (i)  a description of the proposed services to be provided pursuant to
    10  the contract or contracts;
    11    (ii) the criteria for selection of LHCSA  contractors,  including  but
    12  not  limited to:  licensure under this article, the ability to appropri-
    13  ately serve medical assistance recipients as determined by  the  commis-
    14  sioner,  a  geographic distribution of LHCSAs to ensure access statewide
    15  including in rural and  underserved  areas,  demonstrated  cultural  and
    16  language competencies specific to the population of recipients and those
    17  of  the  available  workforce,  ability  to provide timely assistance to
    18  recipients, experience serving individuals with disabilities,  efficient
    19  and  economic administration of LHCSA services, and demonstrated compli-
    20  ance with all applicable federal and state laws and regulations  includ-
    21  ing,  but  not  limited  to, past compliance with labor law and existing
    22  wage and labor standards, and compliance with equal employment  opportu-
    23  nity requirements and anti-discrimination laws;
    24    (iii)  the  period  of  time during which a prospective contractor may
    25  seek selection, which shall be no  less  than  thirty  days  after  such
    26  information is first posted on the website; and
    27    (iv)  the  manner  by  which  a  prospective  contractor  may submit a
    28  proposal for selection,  which  may  include  submission  by  electronic
    29  means;
    30    (b)  the  commissioner shall review in a timely fashion all reasonable
    31  and responsive submissions that are received from  prospective  contrac-
    32  tors;
    33    (c)  the  commissioner  shall  select  such  contractors  that, in the
    34  commissioner's discretion, are best suited to  efficiently  and  econom-
    35  ically administer medical assistance services;
    36    (d)  all  decisions made and approaches taken pursuant to this section
    37  shall be documented in a procurement record as defined  in  section  one
    38  hundred sixty-three of the state finance law;
    39    (e)  the  commissioner  may institute a continuous recruitment process
    40  provided that the information  required  under  paragraph  (a)  of  this
    41  subdivision  remains on the department's website for the entire duration
    42  of the recruitment process, until such  date  as  the  commissioner  may
    43  determine upon no less than ten days notice being posted on the website;
    44  and
    45    (f)  the  commissioner  may  reoffer contracts under the same terms of
    46  this subdivision, if determined necessary  by  the  commissioner,  on  a
    47  statewide or regional basis.
    48    3.  (a)  The  department  may  terminate a LHCSA's contract under this
    49  section or suspend or limit the LHCSA's rights and privileges under  the
    50  contract  upon  thirty  day's written notice to the LHCSA if the commis-
    51  sioner finds that the LHCSA has failed to comply with the provisions  of
    52  this  section  or  any  regulations promulgated hereunder.   The written
    53  notice shall include:
    54    (i) a description of the conduct and the issues related  thereto  that
    55  have been identified as failure of compliance; and
    56    (ii) the time frame of the conduct that fails compliance.

        S. 7506--B                         269                        A. 9506--B
 
     1    (b)  Notwithstanding paragraph (a) of this subdivision, upon determin-
     2  ing that a medical assistance recipient's  health  or  safety  would  be
     3  imminently  endangered  by  the  continued  operation  or actions of the
     4  LHCSA, the commissioner may terminate the LHCSA's contract or suspend or
     5  limit  the  LHCSA's rights and privileges under the contract immediately
     6  upon written notice.
     7    (c) All orders or  determinations  under  this  subdivision  shall  be
     8  subject  to  review  as  provided  in article seventy-eight of the civil
     9  practice law and rules.
    10    (d) Any procedural rights or  privileges  afforded  pursuant  to  this
    11  subdivision  shall  apply  only  to actions taken under this subdivision
    12  with respect to compliance with the terms of the contract. Actions taken
    13  under this subdivision shall not constitute and shall not  be  construed
    14  to  constitute  an action with respect to a LHCSA's licensure or enroll-
    15  ment in the medical assistance program, which the department may  under-
    16  take separately or in conjunction with an action pursuant to this subdi-
    17  vision.
    18    4.  The  provisions of this section shall not apply unless any and all
    19  necessary approvals under federal law and regulation have been  obtained
    20  to receive federal financial participation in the costs of services that
    21  would  be  provided  by LHCSAs in accordance with the terms of contracts
    22  entered into pursuant to this section.
    23    § 11. Section 365-a of the social services law is amended by adding  a
    24  new subdivision 10 to read as follows:
    25    10.  The  department of health shall establish or procure the services
    26  of an independent assessor or assessors no later than October  1,  2022,
    27  in a manner and schedule as determined by the commissioner of health, to
    28  take  over  from  local departments of social services, Medicaid Managed
    29  Care providers, and Medicaid managed long term care plans performance of
    30  assessments and  reassessments  required  for  determining  individuals'
    31  needs  for  personal  care  services,  including as provided through the
    32  consumer directed personal assistance program,  and  other  services  or
    33  programs available pursuant to the state's medical assistance program as
    34  determined by such commissioner for the purpose of improving efficiency,
    35  quality,  and  reliability  in  assessment and to determine individuals'
    36  eligibility for Medicaid managed long term care plans.   Notwithstanding
    37  the  provisions  of section one hundred sixty-three of the state finance
    38  law, or sections one hundred forty-two and one  hundred  forty-three  of
    39  the  economic  development  law,  or  any  contrary  provision  of  law,
    40  contracts may be entered or the commissioner may amend  and  extend  the
    41  terms of a contract awarded prior to the effective date and entered into
    42  pursuant  to  subdivision  twenty-four of section two hundred six of the
    43  public health law, as added by section thirty-nine of part C of  chapter
    44  fifty-eight  of  the  laws of two thousand eight, and a contract awarded
    45  prior to the effective date  and  entered  into  to  conduct  enrollment
    46  broker  and  conflict-free evaluation services for the Medicaid program,
    47  if such contract or contract amendment is for the purpose  of  procuring
    48  such  assessment services from an independent assessor; provided, howev-
    49  er, in the case of a contract entered into after the effective  date  of
    50  this section, that:
    51    (a)  The  department of health shall post on its website, for a period
    52  of no less than thirty days:
    53    (i) A description of the proposed services to be provided pursuant  to
    54  the contract or contracts;
    55    (ii) The criteria for selection of a contractor or contractors includ-
    56  ing,  but  not  limited to, being unaffiliated with any entity certified

        S. 7506--B                         270                        A. 9506--B
 
     1  under article forty-four of the public health law or any service provid-
     2  er licensed under article thirty-six of the public  health  law,  demon-
     3  strated cultural and linguistic competence, experience in evaluating the
     4  service  needs  of  individuals with disabilities seeking to live in the
     5  community, and demonstrated compliance with  all  applicable  state  and
     6  federal  laws.  Furthermore,  the  selection criteria shall consider and
     7  give preference to whether a prospective contractor is a  not-for-profit
     8  organization;
     9    (iii)  The  period  of  time during which a prospective contractor may
    10  seek selection, which shall be no  less  than  thirty  days  after  such
    11  information is first posted on the website; and
    12    (iv)  The  manner  by  which  a  prospective  contractor  may submit a
    13  proposal for selection,  which  may  include  submission  by  electronic
    14  means;
    15    (b)  All  reasonable and responsive submissions that are received from
    16  prospective contractors in a timely fashion shall  be  reviewed  by  the
    17  commissioner of health;
    18    (c)  The  commissioner  of  health  shall  select  such  contractor or
    19  contractors that are best suited to serve the purposes of  this  section
    20  and the needs of recipients; and
    21    (d)  All  decisions made and approaches taken pursuant to this section
    22  shall be documented in a procurement record as defined  in  section  one
    23  hundred sixty-three of the state finance law.
    24    §  12. Section 8 of part C of chapter 57 of the laws of 2018, amending
    25  the social services law and the public health law relating   to   health
    26  homes    and penalties for managed care providers, is amended to read as
    27  follows:
    28    § 8. Notwithstanding any inconsistent provision of [sections 112  and]
    29  section  163  of  the  state finance law, or sections 142 and 143 of the
    30  economic development law,  or  any  other  contrary  provision  of  law,
    31  excepting  the  13  responsible vendor requirements of the state finance
    32  law, including, but not limited to, sections 163 and 139-k of the  state
    33  finance law, the commissioner of health is authorized to amend or other-
    34  wise  extend the terms of a contract awarded prior to the effective date
    35  and entered into pursuant to subdivision 24 of section 206 of the public
    36  health law, as added by section 39 of part C of chapter 58 of  the  laws
    37  of  2008, and a contract awarded prior to the effective date and entered
    38  into to conduct enrollment broker and conflict-free evaluation  services
    39  for  the  Medicaid  program, both for a period of three years, without a
    40  competitive bid or request for proposal process, upon determination that
    41  the existing  contractor  is  qualified  to  continue  to  provide  such
    42  services,  and  provided that efficiency savings are achieved during the
    43  period of extension; and  provided,  further,  that  the  department  of
    44  health  shall submit a request for applications for such contract during
    45  the time period specified in this section and may terminate the contract
    46  identified herein prior to expiration of  the  extension  authorized  by
    47  this section.
    48    §  13. Clause (vi) of subparagraph 1 of paragraph (e) of subdivision 5
    49  of section 366 of the social services law, as added by section  26-a  of
    50  part C of chapter 109 of the laws of 2006, is amended and two new claus-
    51  es (xi) and (xii) are added to read as follows:
    52    (vi)  "look-back  period"  means  the  sixty-month  period immediately
    53  preceding the date that an institutionalized individual is both institu-
    54  tionalized and has applied for medical assistance, or in the case  of  a
    55  non-institutionalized individual, subject to federal approval, the thir-
    56  ty-month  period  immediately  preceding the date that such non-institu-

        S. 7506--B                         271                        A. 9506--B
 
     1  tionalized individual applies for medical assistance  coverage  of  long
     2  term care services. Nothing herein precludes a review of eligibility for
     3  retroactive authorization for medical expenses incurred during the three
     4  months prior to the month of application for medical assistance.
     5    (xi) "non-institutionalized individual" means an individual who is not
     6  an  institutionalized  individual,  as  defined  in clause (vii) of this
     7  subparagraph.
     8    (xii) "long term care  services"  means  home  health  care  services,
     9  private  duty  nursing services, personal care services, assisted living
    10  program services and such other services for which medical assistance is
    11  otherwise available under this chapter which are designated as long term
    12  care services in the regulations of the department.
    13    § 14. The opening paragraph of subparagraph  3  of  paragraph  (e)  of
    14  subdivision  5  of  section  366 of the social services law, as added by
    15  section 26-a of part C of chapter 109 of the laws of 2006, is amended to
    16  read as follows:
    17    In determining the medical assistance eligibility of an institutional-
    18  ized individual, any transfer of an asset by the individual or the indi-
    19  vidual's spouse for less than fair market value made within or after the
    20  look-back period shall render  the  individual  ineligible  for  nursing
    21  facility  services for the period of time specified in subparagraph five
    22  of this paragraph. In determining the medical assistance eligibility  of
    23  a  non-institutionalized  individual,  any  transfer  of an asset by the
    24  individual or the individual's spouse for less than  fair  market  value
    25  made  within  or  after the look-back period shall render the individual
    26  ineligible for community based long term care services for the period of
    27  time specified in subparagraph five of this paragraph. For  purposes  of
    28  this paragraph:
    29    § 15. Intentionally omitted.
    30    § 16. Intentionally omitted.
    31    §  17.  The opening paragraph of subdivision 2 of section 365-f of the
    32  social services law, as amended by section 38 of part D of chapter 58 of
    33  the laws of 2009, is amended to read as follows:
    34    All eligible individuals receiving home care [shall be provided notice
    35  of the availability of the program, and no less frequently than annually
    36  thereafter, and] shall have the opportunity to apply  for  participation
    37  in  the  program  no less than annually.   Each social services district
    38  shall file an implementation plan with the commissioner of  the  depart-
    39  ment  of  health, which shall be updated annually. Such updates shall be
    40  submitted no later than November thirtieth of each year.   Beginning  on
    41  June  thirtieth,  two  thousand nine, the plans and updates submitted by
    42  districts shall require the approval of the department.   Implementation
    43  plans  shall  include  district enrollment targets, describe methods for
    44  the provision of notice and assistance to interested individuals  eligi-
    45  ble for enrollment in the program, and shall contain such other informa-
    46  tion  as  shall be required by the department. An "eligible individual",
    47  for purposes of this section is a person who:
    48    § 18. Clauses 12 and 13 of subparagraph (v) of paragraph (b) of subdi-
    49  vision 7 of section 4403-f of the  public  health  law,  as  amended  by
    50  section 5 of part B of chapter 57 of the laws of 2018, are amended and a
    51  new clause 14 is added to read as follows:
    52    (12) Native Americans; [and]
    53    (13)  a  person  who  is  permanently  placed  in a nursing home for a
    54  consecutive period  of  three  months  or  more.  In  implementing  this
    55  provision, the department shall continue to support service delivery and
    56  outcomes that result in community living for enrollees[.]; and

        S. 7506--B                         272                        A. 9506--B
 
     1    (14)  a  person  who has not been assessed as needing at least limited
     2  assistance with physical maneuvering with more than  two  activities  of
     3  daily  living, or for individuals with a dementia or Alzheimer's diagno-
     4  sis, assessed as needing at least supervision with more than one  activ-
     5  ity  of daily living, as defined and determined using an evidenced based
     6  validated assessment instrument approved  by  the  commissioner  and  in
     7  accordance  with applicable state and federal law and regulations of the
     8  department, provided that the provisions of this clause shall not  apply
     9  to  a  person  who has been continuously enrolled in a managed long term
    10  care program beginning prior to October first, two thousand twenty.
    11    § 19. Paragraph (d) of subdivision 1 of section 4403-f of  the  public
    12  health law, as amended by section 41 of part H of chapter 59 of the laws
    13  of 2011, is amended to read as follows:
    14    (d) "Health and long term care services" means services including, but
    15  not  limited to home and community-based and institution-based long term
    16  care and ancillary services (that shall  include  medical  supplies  and
    17  nutritional supplements) that are necessary to meet the needs of persons
    18  whom  the  plan is authorized to enroll. The managed long term care plan
    19  may also cover primary care [and],  acute  care  and  behavioral  health
    20  services if so authorized.
    21    §  20. The department of health shall establish or procure services of
    22  an independent panel or panels of clinical professionals no  later  than
    23  October  1,  2022, in a manner and schedule as determined by the commis-
    24  sioner of health, to provide as  appropriate  independent  physician  or
    25  other  applicable clinician orders for personal care services, including
    26  as provided through the consumer directed personal  assistance  program,
    27  available  pursuant  to  the  state's  medical assistance program and to
    28  determine eligibility for  the  consumer  directed  personal  assistance
    29  program.    Notwithstanding  the  provisions of section 163 of the state
    30  finance law, or sections 142 and 143 of the economic development law, or
    31  any contrary provision of law, contracts may be entered or  the  commis-
    32  sioner may amend and extend the terms of a contract awarded prior to the
    33  effective  date  and entered into pursuant to subdivision twenty-four of
    34  section two hundred six of the public health law, as  added  by  section
    35  thirty-nine of part C of chapter fifty-eight of the laws of two thousand
    36  eight,  and  a  contract awarded prior to the effective date and entered
    37  into to conduct enrollment broker and conflict-free evaluation  services
    38  for  the Medicaid program, if such contract or contract amendment is for
    39  the purpose of establishing an independent panel or panels  of  clinical
    40  professionals  as  described  in this section; provided, however, in the
    41  case of a contract  entered  into  after  the  effective  date  of  this
    42  section, that:
    43    (a)  The  department of health shall post on its website, for a period
    44  of no less than 30 days:
    45    (i) A description of the proposed services to be provided pursuant  to
    46  the contract or contracts;
    47    (ii) The criteria for selection of a contractor or contractors;
    48    (iii)  The  period  of  time during which a prospective contractor may
    49  seek to be selected by the department of health, which shall be no  less
    50  than 30 days after such information is first posted on the website; and
    51    (iv)  The  manner  by  which  a  prospective  contractor  may submit a
    52  proposal for selection,  which  may  include  submission  by  electronic
    53  means;
    54    (b)  All  reasonable and responsive submissions that are received from
    55  prospective contractors in timely  fashion  shall  be  reviewed  by  the
    56  commissioner of health; and

        S. 7506--B                         273                        A. 9506--B
 
     1    (c)  The  commissioner  of  health  shall  select  such  contractor or
     2  contractors that, in such commissioner's discretion, are best suited  to
     3  serve the purposes of this section and the needs of recipients; and
     4    (d)  all  decisions made and approaches taken pursuant to this section
     5  shall be documented in a procurement record as defined  in  section  one
     6  hundred sixty-three of the state finance law.
     7    §  21.  The  department  of  health shall develop, directly or through
     8  procurement, and shall implement an evidenced  based  validated  uniform
     9  task-based  assessment  tool  no  later  than  April  1, 2021, to assist
    10  managed care plans and local departments  of  social  services  to  make
    11  appropriate  and  individualized  determinations for utilization of home
    12  care services in accordance with applicable state and  federal  law  and
    13  regulations, including the number of personal care services and consumer
    14  directed  personal  assistance hours of care each day, provided pursuant
    15  to the state's medical assistance program, and how Medicaid  recipients'
    16  needs for assistance with activities of daily living can be met, such as
    17  through  telehealth, provided that services rendered via telehealth meet
    18  equivalent quality and safety standards  of  services  provided  through
    19  non-electronic means, and other available alternatives, including family
    20  and  social  supports.  Notwithstanding the provisions of section 163 of
    21  the state finance law, or sections 142 and 143 of the economic  develop-
    22  ment  law,  or  any contrary provision of law, a contract may be entered
    23  without a competitive bid  or  request  for  proposal  process  if  such
    24  contract  is  for the purpose of developing the evidence based validated
    25  uniform task-based assessment tool described in this  section,  provided
    26  that:
    27    (a)  The  department of health shall post on its website, for a period
    28  of no less than 30 days:
    29    (i) A description of the evidence based validated  uniform  task-based
    30  assessment tool to be developed pursuant to the contract;
    31    (ii) The criteria for contractor selection;
    32    (iii)  The  period  of  time during which a prospective contractor may
    33  seek to be selected by the department of health, which shall be no  less
    34  than 30 days after such information is first posted on the website; and
    35    (iv)  The  manner  by  which  a  prospective  contractor  may submit a
    36  proposal for selection,  which  may  include  submission  by  electronic
    37  means;
    38    (b)  All  reasonable and responsive submissions that are received from
    39  prospective contractors in a timely fashion shall  be  reviewed  by  the
    40  commissioner of health;
    41    (c)  The  commissioner  of health shall select such contractor that is
    42  best suited to serve the purposes of  this  section  and  the  needs  of
    43  recipients; and
    44    (d)  All  decisions made and approaches taken pursuant to this section
    45  shall be documented in a procurement record as defined  in  section  one
    46  hundred sixty-three of the state finance law.
    47    §  22.  Subparagraph (iv) of paragraph (g) of subdivision 7 of section
    48  4403-f of the public health law, as amended by section 41-b of part H of
    49  chapter 59 of the laws of 2011, is amended to read as follows:
    50    (iv) Continued enrollment in a managed long term care plan  or  demon-
    51  stration  paid  for by government funds shall be based upon a comprehen-
    52  sive assessment of the medical, social and environmental  needs  of  the
    53  recipient  of  the services. Such assessment shall be performed at least
    54  [every six months] annually by the managed long term care  plan  serving
    55  the  enrollee.  The  commissioner shall prescribe the forms on which the
    56  assessment will be made.

        S. 7506--B                         274                        A. 9506--B
 
     1    § 23. This act shall take effect immediately and shall  be  deemed  to
     2  have been in full force and effect on and after April 1, 2020; provided,
     3  however,  that  sections two, two-a, two-b, three, thirteen and fourteen
     4  of this act shall take effect October 1, 2020; provided further,  howev-
     5  er,  that the amendments to section 4403-f of the public health law made
     6  by sections four, five, five-a, six, eighteen, nineteen  and  twenty-two
     7  of  this  act  shall  not affect the repeal of such section and shall be
     8  deemed repealed therewith; provided further, however,  that  the  amend-
     9  ments  to paragraph (b) of subdivision 7 of section 4403-f of the public
    10  health law made by section eighteen of this act  shall  not  affect  the
    11  expiration  of  such  paragraph  and  shall  expire  therewith; provided
    12  further, however, that the director of the budget may,  in  consultation
    13  with  the  commissioner  of health, delay the effective dates prescribed
    14  herein for a period of time which shall not exceed ninety days following
    15  the conclusion or termination of an executive order issued  pursuant  to
    16  section 28 of the executive law declaring a state disaster emergency for
    17  the entire state of New York, upon such delay the director of the budget
    18  shall  notify  the  chairs  of the assembly ways and means committee and
    19  senate finance committee and the  chairs  of  the  assembly  and  senate
    20  health  committee;  provided  further, however, that the director of the
    21  budget shall notify the legislative bill drafting  commission  upon  the
    22  occurrence  of  a  delay in the effective date of this act in order that
    23  the commission may maintain an accurate and timely effective  data  base
    24  of the official text of the laws of the state of New York in furtherance
    25  of  effectuating the provisions of section 44 of the legislative law and
    26  section 70-b of the public officers law.
 
    27                                   PART NN
 
    28    Section 1.  Subparagraph (iv) of paragraph (b) of subdivision  2-b  of
    29  section  2808 of the public health law, as amended by section 14 of part
    30  OO of chapter 57 of the laws of 2008, is amended to read as follows:
    31    (iv) The capital cost component of rates on and after  January  first,
    32  two  thousand  nine  shall: (A) fully reflect the cost of local property
    33  taxes and payments made in lieu of local property taxes, as reported  in
    34  each  facility's  cost  report submitted for the year two years prior to
    35  the rate year[.]; (B) provided, however, notwithstanding any  inconsist-
    36  ent  provision  of  this  article,  commencing April first, two thousand
    37  twenty for rates of payment for patients eligible for payments  made  by
    38  state  governmental  agencies,  the capital cost component determined in
    39  accordance with this subparagraph and inclusive of  any  shared  savings
    40  for  eligible  facilities  that  elect to refinance their mortgage loans
    41  pursuant to paragraph (d) of subdivision two-a of this section, shall be
    42  reduced by the commissioner by five percent.
    43    § 2. Paragraph d of subdivision 20  of  section  2808  of  the  public
    44  health law, as added by section 8 of part H of chapter 59 of the laws of
    45  2011, is amended to read as follows:
    46    d.  Notwithstanding any contrary provision of law, rule or regulation,
    47  for rate periods on and after April  first,  two  thousand  eleven,  the
    48  commissioner may reduce or eliminate the payment factor for return on or
    49  return  of  equity  in  the  capital cost component of Medicaid rates of
    50  payment for services provided by residential health care facilities, and
    51  for rate periods on and after April first, two  thousand  twenty,  there
    52  shall  be  no  payment  factor  for residual equity reimbursement in the
    53  capital cost  component  of  Medicaid  rates  of  payment  for  services
    54  provided by residential health care facilities.

        S. 7506--B                         275                        A. 9506--B

     1    §  3.  This  act  shall take effect immediately and shall be deemed to
     2  have been in full force and effect on and after April 1, 2020;  provided
     3  further,  however,  that the director of the budget may, in consultation
     4  with the commissioner of health, delay the  effective  dates  prescribed
     5  herein for a period of time which shall not exceed ninety days following
     6  the  conclusion  or termination of an executive order issued pursuant to
     7  section 28 of the executive law declaring a state disaster emergency for
     8  the entire state of New York, upon such delay the director of the budget
     9  shall notify the chairs of the assembly ways  and  means  committee  and
    10  senate  finance  committee  and  the  chairs  of the assembly and senate
    11  health committees; provided further, however, that the director  of  the
    12  budget  shall  notify  the legislative bill drafting commission upon the
    13  occurrence of a delay in the effective date of this act  in  order  that
    14  the  commission  may maintain an accurate and timely effective data base
    15  of the official text of the laws of the state of New York in furtherance
    16  of effectuating the provisions of section 44 of the legislative law  and
    17  section 70-b of the public officers law.
 
    18                                   PART OO
 
    19    Section  1.  Section  3614-c  of  the public health law, as amended by
    20  section 5 of part S of chapter 57 of the laws of 2017, subdivision 2  as
    21  amended  by  section  10 of part G of chapter 57 of the laws of 2019, is
    22  amended to read as follows:
    23    § 3614-c. Home care worker wage parity. 1. As used  in  this  section,
    24  the following terms shall have the following meaning:
    25    (a)  "Living  wage  law"  means  any law enacted by Nassau, Suffolk or
    26  Westchester county or a city with a population of one  million  or  more
    27  which  establishes  a minimum wage for some or all employees who perform
    28  work on contracts with such county or city.
    29    (b) "Total compensation" means all wages and other direct compensation
    30  paid to or provided on behalf of the employee including, but not limited
    31  to, wages, health, education or pension benefits, supplements in lieu of
    32  benefits and compensated time off,  except  that  it  does  not  include
    33  employer  taxes  or employer portion of payments for statutory benefits,
    34  including but not limited to FICA,  disability  insurance,  unemployment
    35  insurance and workers' compensation.
    36    (c)  "Prevailing  rate of total compensation" means the average hourly
    37  amount of total compensation paid to all  home  care  aides  covered  by
    38  whatever  collectively bargained agreement covers the greatest number of
    39  home care aides in a city with a population of one million or more.  For
    40  purposes  of  this  definition, any set of collectively bargained agree-
    41  ments in such city with substantially  the  same  terms  and  conditions
    42  relating  to  total compensation shall be considered as a single collec-
    43  tively bargained agreement.
    44    (d) "Home care aide" means a home health  aide,  personal  care  aide,
    45  home attendant, personal assistant performing consumer directed personal
    46  assistance  services  pursuant  to section three hundred sixty-five-f of
    47  the social services law, or other licensed or  unlicensed  person  whose
    48  primary responsibility includes the provision of in-home assistance with
    49  activities  of  daily living, instrumental activities of daily living or
    50  health-related tasks; provided, however, that home care  aide  does  not
    51  include  any  individual  (i) working on a casual basis, or (ii) (except
    52  for a person employed under the consumer  directed  personal  assistance
    53  program  under section three hundred sixty-five-f of the social services
    54  law) who is a relative through blood, marriage or adoption of:  (1)  the

        S. 7506--B                         276                        A. 9506--B
 
     1  employer;  or (2) the person for whom the worker is delivering services,
     2  under a program funded  or  administered  by  federal,  state  or  local
     3  government.
     4    (e)  "Managed  care plan" means any managed care program, organization
     5  or demonstration covering personal care or home  health  aide  services,
     6  and which receives premiums funded, in whole or in part, by the New York
     7  state medical assistance program, including but not limited to all Medi-
     8  caid  managed care, Medicaid managed long term care, Medicaid advantage,
     9  and Medicaid advantage plus plans and all programs of all-inclusive care
    10  for the elderly.
    11    (f) "Episode of care" means any service unit reimbursed, in  whole  or
    12  in  part,  by  the  New  York  state medical assistance program, whether
    13  through direct reimbursement or covered by a premium payment, and  which
    14  covers,  in  whole or in part, any service provided by a home care aide,
    15  including but not limited to all service units defined as visits, hours,
    16  days, months or episodes.
    17    (g) "Cash portion of the minimum rate of home care aide total  compen-
    18  sation"  means  the  minimum amount of home care aide total compensation
    19  that may be paid in cash wages,  as  determined  by  the  department  in
    20  consultation with the department of labor.
    21    (h)  "Benefit  portion  of  the  minimum  rate of home care aide total
    22  compensation" means the portion of home  care  aide  total  compensation
    23  that  may be paid in cash or health, education or pension benefits, wage
    24  differentials, supplements in lieu of benefits and compensated time off,
    25  as determined by the department in consultation with the  department  of
    26  labor.  Cash  wages  paid  pursuant to increases in the state or federal
    27  minimum wage cannot be used to satisfy the benefit portion of the  mini-
    28  mum rate of home care aide total compensation.
    29    (i)  "Fiscal intermediary" means a fiscal intermediary in the consumer
    30  directed personal assistance program under section three hundred  sixty-
    31  five-f of the social services law.
    32    2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
    33  lation, no payments by government agencies shall be  made  to  certified
    34  home  health agencies, long term home health care programs, managed care
    35  plans, [the consumer directed personal assistance program under  section
    36  three  hundred  sixty-five-f of the social services law] fiscal interme-
    37  diaries, the nursing home transition and diversion waiver program  under
    38  section three hundred sixty-six of the social services law, or the trau-
    39  matic  brain  injury  waiver  program under section [two thousand seven]
    40  twenty-seven hundred forty of this  chapter  for  any  episode  of  care
    41  furnished, in whole or in part, by any home care aide who is compensated
    42  at amounts less than the applicable minimum rate of home care aide total
    43  compensation established pursuant to this section.
    44    3. (a) The minimum rate of home care aide total compensation in a city
    45  with a population of one million or more shall be:
    46    (i)  for  the period March first, two thousand twelve through February
    47  twenty-eighth, two  thousand  thirteen,  ninety  percent  of  the  total
    48  compensation mandated by the living wage law of such city;
    49    (ii)  for the period March first, two thousand thirteen through Febru-
    50  ary twenty-eighth, two thousand fourteen,  ninety-five  percent  of  the
    51  total compensation mandated by the living wage law of such city;
    52    (iii)  for the period March first, two thousand fourteen through March
    53  thirty-first two thousand sixteen, no less than the prevailing  rate  of
    54  total  compensation  as  of  January  first, two thousand eleven, or the
    55  total compensation mandated by the living wage law of such city,  which-
    56  ever is greater;

        S. 7506--B                         277                        A. 9506--B

     1    (iv)  for  all  periods on or after April first, two thousand sixteen,
     2  the cash portion of the minimum rate of home  care  aide  total  compen-
     3  sation shall be ten dollars or the minimum wage as laid out in paragraph
     4  (a)  of  subdivision  one  of section six hundred fifty-two of the labor
     5  law,  whichever  is  higher.  The benefit portion of the minimum rate of
     6  home care aide total compensation shall be four dollars and nine cents.
     7    (b) The minimum rate of home care aide total compensation in the coun-
     8  ties of Nassau, Suffolk and Westchester shall be:
     9    (i) for the period March first, two thousand thirteen through February
    10  twenty-eighth, two  thousand  fourteen,  ninety  percent  of  the  total
    11  compensation  mandated by the living wage law as set on March first, two
    12  thousand thirteen of a city with a population of a million or more;
    13    (ii) for the period March first, two thousand fourteen through  Febru-
    14  ary  twenty-eighth,  two  thousand  fifteen,  ninety-five percent of the
    15  total compensation mandated by the living  wage  law  as  set  on  March
    16  first, two thousand fourteen of a city with a population of a million or
    17  more;
    18    (iii) for the period March first, two thousand fifteen, through Febru-
    19  ary  twenty-eighth,  two  thousand  sixteen,  one hundred percent of the
    20  total compensation mandated by the living  wage  law  as  set  on  March
    21  first,  two thousand fifteen of a city with a population of a million or
    22  more;
    23    (iv) for all periods on or after March first,  two  thousand  sixteen,
    24  the  cash  portion  of  the minimum rate of home care aide total compen-
    25  sation shall be ten dollars or the minimum wage as laid out in paragraph
    26  (b) of subdivision one of section six hundred  fifty-two  of  the  labor
    27  law,  whichever  is  higher.  The benefit portion of the minimum rate of
    28  home care aide total compensation shall be three dollars and  twenty-two
    29  cents.
    30    4.  The terms of this section shall apply equally to services provided
    31  by home care aides who work on episodes of care as direct  employees  of
    32  certified  home health agencies, long term home health care programs, or
    33  managed care plans, or as employees of licensed home care services agen-
    34  cies, limited licensed home care services  agencies,  or  [the  consumer
    35  directed  personal assistance program under section three hundred sixty-
    36  five-f of the social services law] fiscal intermediaries, or  under  any
    37  other arrangement.
    38    5.  No payments by government agencies shall be made to certified home
    39  health agencies, licensed home care services agencies,  long  term  home
    40  health  care  programs,  managed  care  plans, [or the consumer directed
    41  personal assistance program under section three hundred sixty-five-f  of
    42  the  social services law,] fiscal intermediaries for any episode of care
    43  without the certified home health agency, licensed  home  care  services
    44  agency,  long  term  home  health care program, managed care plan or the
    45  [consumer directed personal  assistance  program]  fiscal  intermediary,
    46  having delivered prior written certification to the commissioner annual-
    47  ly,  at  a time prescribed by the commissioner, on forms prepared by the
    48  department in consultation  with  the  department  of  labor,  that  all
    49  services  provided  under each episode of care during the period covered
    50  by the certification are in full  compliance  with  the  terms  of  this
    51  section  and  any  regulations  promulgated pursuant to this section and
    52  that no portion of the dollars spent or to be spent to satisfy the  wage
    53  or benefit portion under this section shall be returned to the certified
    54  home  health  agency, licensed home care services agency, long term home
    55  health care program, managed care plan, or fiscal intermediary,  related
    56  persons  or  entities, other than to a home care aide as defined in this

        S. 7506--B                         278                        A. 9506--B
 
     1  section to whom the wage or benefits are due,  as  a  refund,  dividend,
     2  profit,  or  in  any other manner. Such written certification shall also
     3  verify that the certified home health agency, long term home health care
     4  program,  or  managed care plan has received from the licensed home care
     5  services agency, fiscal intermediary, or other  third  party  an  annual
     6  statement  of  wage  parity hours and expenses on a form provided by the
     7  department of labor accompanied by  an  independently-audited  financial
     8  statement verifying such expenses.
     9    6.  If a certified home health agency [or], long term home health care
    10  program or managed care plan elects to provide home care  aide  services
    11  through  contracts  with  licensed  home  care services agencies, fiscal
    12  intermediaries, or  through  other  third  parties,  provided  that  the
    13  episode  of  care on which the home care aide works is covered under the
    14  terms of this section, the certified home health agency, long term  home
    15  health care program, or managed care plan [must obtain] shall include in
    16  its  contracts, a requirement that it be provided with a written certif-
    17  ication, verified by oath, from the licensed home care services  agency,
    18  fiscal  intermediary,  or  other  third  party, on forms prepared by the
    19  department in consultation with the department of labor,  which  attests
    20  to  the  licensed home care services agency's, fiscal intermediary's, or
    21  other third party's compliance with the  terms  of  this  section.  Such
    22  [certifications]  contracts  shall  also obligate the licensed home care
    23  services agency, fiscal intermediary, or other third  party  to  provide
    24  the certified home health agency, long term home health care program, or
    25  managed  care  plan  [to obtain, on no less than a quarterly basis,] all
    26  information from the licensed home care services agency, fiscal interme-
    27  diary or other third [parties] party necessary to verify compliance with
    28  the terms of this section, which  shall  include  an  annual  compliance
    29  statement  of  wage  parity hours and expenses on a form provided by the
    30  department of labor accompanied by  an  independently-audited  financial
    31  statement  verifying  such  expenses.  Such  annual  statements shall be
    32  available no less than annually for the previous  calendar  year,  at  a
    33  time  as prescribed by the commissioner.  Such certifications [and], the
    34  information [exchanged pursuant to them] necessary to verify compliance,
    35  and the annual compliance statement and financial  statements  shall  be
    36  retained  by  all  certified home health agencies, long term home health
    37  care programs, or  managed  care  plans,  and  all  licensed  home  care
    38  services  agencies,  fiscal intermediaries, or other third parties for a
    39  period of no less than ten years, and made available to  the  department
    40  upon  request.   Any licensed home care services agency, fiscal interme-
    41  diary, or other third party who shall upon  oath  verify  any  statement
    42  required  to  be  transmitted  under  this  section  and any regulations
    43  promulgated pursuant to this section which is known by such party to  be
    44  false shall be guilty of perjury and punishable as provided by the penal
    45  law.
    46    6-a.  The  certified  home  health  agency, long term home health care
    47  program, or managed care plan shall review and assess the annual compli-
    48  ance statement of wage parity hours and  expenses  and  make  a  written
    49  referral  to  the department of labor for any reasonably suspected fail-
    50  ures of licensed home care services agencies, fiscal intermediaries,  or
    51  third  parties  to  conform  to  the  wage  parity  requirements of this
    52  section.
    53    7. The commissioner shall distribute  to  all  certified  home  health
    54  agencies,  long  term  home  health  care  programs, managed care plans,
    55  licensed home care services agencies, and fiscal intermediaries [in  the
    56  consumer  directed  personal  assistance  program  under  section  three

        S. 7506--B                         279                        A. 9506--B

     1  hundred sixty-five-f of the social services law,] official notice of the
     2  minimum rates of home care aide compensation at least one hundred twenty
     3  days prior to the effective date of each minimum rate  for  each  social
     4  services district covered by the terms of this section.
     5    7-a.  Any  certified  home  health agency, licensed home care services
     6  agency, long term home health care program, managed care plan, or fiscal
     7  intermediary, or other third party that willfully pays  less  than  such
     8  stipulated  minimums  regarding wages and supplements, as established in
     9  this section, shall be guilty of a misdemeanor and upon conviction shall
    10  be punished, for a first offense by a fine of five hundred dollars or by
    11  imprisonment for not more than thirty days, or by both fine  and  impri-
    12  sonment;  for a second offense by a fine of one thousand dollars, and in
    13  addition thereto the contract on which the violation has occurred  shall
    14  be  forfeited;  and  no  such person or corporation shall be entitled to
    15  receive any sum nor shall any officer, agent or employee  of  the  state
    16  pay  the  same  or authorize its payment from the funds under his or her
    17  charge or control to any person or corporation for work  done  upon  any
    18  contract,  on which the certified home health agency, licensed home care
    19  services agency, long term home health care program, managed care  plan,
    20  or  fiscal  intermediary,  or  other third party has been convicted of a
    21  second offense in violation of the provisions of this section.
    22    8. The commissioner is authorized to promulgate regulations,  and  may
    23  promulgate  emergency  regulations,  to implement the provisions of this
    24  section.
    25    9. Nothing in this section should be construed as  applicable  to  any
    26  service  provided  by certified home health agencies, licensed home care
    27  services agencies, long term home health  care  programs,  managed  care
    28  plans,  or  [consumer directed personal assistance program under section
    29  three hundred sixty-five-f of the social services law]  fiscal  interme-
    30  diaries  except  for all episodes of care reimbursed in whole or in part
    31  by the New York Medicaid program.
    32    10. No certified home health agency, managed care plan, or  long  term
    33  home  health  care  program[,  or  fiscal  intermediary  in the consumer
    34  directed personal assistance program under section three hundred  sixty-
    35  five-f  of  the  social  services law] shall be liable for recoupment of
    36  payments or any other penalty under this section for  services  provided
    37  through  a  licensed  home care services agency, fiscal intermediary, or
    38  other third party with which the certified home health agency, long term
    39  home health care program, or managed care plan has  a  contract  because
    40  the licensed agency, fiscal intermediary, or other third party failed to
    41  comply  with the provisions of this section if the certified home health
    42  agency, long term home health care program, or managed  care  plan[,  or
    43  fiscal  intermediary] has reasonably and in good faith collected certif-
    44  ications and all information required pursuant to [subdivisions five and
    45  six of] this section and conducts the monitoring and reporting  required
    46  by this section.
    47    § 1-a.  Section 3614-c of the public health law is amended by adding a
    48  new subdivision 5-a to read as follows:
    49    5-a.  No  portion  of  the dollars spent or to be spent to satisfy the
    50  wage or benefit portion under this section  shall  be  returned  to  the
    51  certified  home  health agency, licensed home care services agency, long
    52  term home health care program, managed care  plan,  or  fiscal  interme-
    53  diary,  related  persons  or entities, other than to a home care aide as
    54  defined in this section to whom the wage  or  benefits  are  due,  as  a
    55  refund, dividend, profit, or in any other manner.

        S. 7506--B                         280                        A. 9506--B
 
     1    §  2.  Paragraph  (a)  of  subdivision  1  and subdivisions 3 and 4 of
     2  section 195 of the labor law, as amended by a chapter  of  the  laws  of
     3  2020, amending the labor law relating to additional information provided
     4  to  employees on public work contracts, as proposed in legislative bills
     5  numbers S. 7307 and A. 9000, are amended to read as follows:
     6    (a)  provide  his  or  her employees, in writing in English and in the
     7  language identified by each employee as the  primary  language  of  such
     8  employee,  at  the  time  of  hiring,  a notice containing the following
     9  information: the rate or rates of pay and basis thereof, whether paid by
    10  the hour, shift, day, week, salary, piece, commission, or other;  allow-
    11  ances, if any, claimed as part of the minimum wage, including tip, meal,
    12  or  lodging  allowances; the benefit portion of the minimum rate of home
    13  care aide total compensation as defined in  section  thirty-six  hundred
    14  fourteen-c  of  the  public  health  law ("home care aide benefits"), if
    15  applicable; prevailing wage supplements, if any, claimed as part of  any
    16  prevailing wage or similar requirement pursuant to article eight of this
    17  chapter;  the  regular  pay day designated by the employer in accordance
    18  with section one hundred ninety-one of this article;  the  name  of  the
    19  employer;  any "doing business as" names used by the employer; the phys-
    20  ical address of the employer's main office or principal place  of  busi-
    21  ness,  and  a  mailing address if different; the telephone number of the
    22  employer; plus such other information as the commissioner deems material
    23  and necessary.  Where such prevailing wage supplements are  claimed,  or
    24  such  home  care  aide benefits are provided, the notice shall identify,
    25  for each type of supplement claimed or each type of home care aide bene-
    26  fits  provided:  (i) the hourly rate claimed; (ii) the type  of  supple-
    27  ment  or type of home care aide benefits, including when applicable, but
    28  not limited to, pension or healthcare; (iii) the names and addresses  of
    29  the  person  or  entity providing such supplement or such home care aide
    30  benefits; and (iv) the agreement, if any,  requiring  or  providing  for
    31  such  supplement or such home care aide benefits, together with informa-
    32  tion on how copies of  such  agreements  or  summaries  thereof  may  be
    33  obtained by an employee.  Each time the employer provides such notice to
    34  an  employee,  the  employer shall obtain from the employee a signed and
    35  dated written acknowledgement, in English and in the primary language of
    36  the employee, of receipt  of  this  notice,  which  the  employer  shall
    37  preserve  and maintain for six years. Such acknowledgement shall include
    38  an affirmation by the employee that the employee  accurately  identified
    39  his  or  her  primary  language  to  the  employer,  and that the notice
    40  provided by the employer to such employee pursuant to  this  subdivision
    41  was  in  the language so identified or otherwise complied with paragraph
    42  (c) of this subdivision, and shall conform to  any  additional  require-
    43  ments  established  by the commissioner with regard to content and form.
    44  For all employees who are  not  exempt  from  overtime  compensation  as
    45  established  in  the  commissioner's  minimum  wage  orders or otherwise
    46  provided by New York state law or regulation, the notice must state  the
    47  regular hourly rate and overtime rate of pay;
    48    3. furnish each employee with a statement with every payment of wages,
    49  listing  the  following:  the  dates  of work covered by that payment of
    50  wages; name of employee; name of employer; address and phone  number  of
    51  employer;  rate  or  rates of pay and basis thereof, whether paid by the
    52  hour, shift, day, week,  salary,  piece,  commission,  or  other;  gross
    53  wages;  deductions;  allowances,  if any, claimed as part of the minimum
    54  wage; the benefit portion of the minimum rate of home  care  aide  total
    55  compensation  as defined in section thirty-six hundred fourteen-c of the
    56  public health law ("home care aide benefits"), if applicable; prevailing

        S. 7506--B                         281                        A. 9506--B
 
     1  wage supplements, if any, claimed as part  of  any  prevailing  wage  or
     2  similar  requirement  pursuant to article eight of this chapter; and net
     3  wages. Where such prevailing wage supplements are claimed, or such  home
     4  care aide benefits are provided, the statement shall either: (i) identi-
     5  fy  the  type  of each supplement claimed, or the type of each home care
     6  aide benefits provided, and the hourly rate for each; or (ii) be  accom-
     7  panied  by  a  copy of the applicable notice required under subdivisions
     8  one and two of this section. For all employees who are not  exempt  from
     9  overtime  compensation as established in the commissioner's minimum wage
    10  orders or otherwise provided by New York state law  or  regulation,  the
    11  statement  shall  include  the  regular hourly rate or rates of pay; the
    12  overtime rate or rates of pay; the number of regular hours  worked,  and
    13  the  number  of  overtime  hours  worked. For all employees paid a piece
    14  rate, the statement shall include the applicable piece rate or rates  of
    15  pay  and number of pieces completed at each piece rate. Upon the request
    16  of an employee, an employer shall furnish an explanation in  writing  of
    17  how such wages were computed;
    18    4.  establish,  maintain  and  preserve  for  not  less than six years
    19  contemporaneous, true, and accurate payroll  records  showing  for  each
    20  week  worked the hours worked; the rate or rates of pay and basis there-
    21  of, whether paid by the hour, shift, day, week, salary,  piece,  commis-
    22  sion,  or other; gross wages; deductions; allowances, if any, claimed as
    23  part of the minimum wage; the benefit portion of  the  minimum  rate  of
    24  home  care  aide  total  compensation  as  defined in section thirty-six
    25  hundred fourteen-c of the public health law ("home care aide benefits"),
    26  if applicable; prevailing wage supplements, if any, claimed as  part  of
    27  any  prevailing wage or similar requirement pursuant to article eight of
    28  this chapter; and net wages for each  employee.  Where  such  prevailing
    29  wage  supplements  are  claimed,  or  such  home  care aide benefits are
    30  provided, the payroll  records  shall  include  copies  of  all  notices
    31  required by subdivisions one and two of this section.  For all employees
    32  who  are  not  exempt  from  overtime compensation as established in the
    33  commissioner's minimum wage orders or otherwise  provided  by  New  York
    34  state  law  or regulation, the payroll records shall include the regular
    35  hourly rate or rates of pay, the overtime rate  or  rates  of  pay,  the
    36  number of regular hours worked, and the number of overtime hours worked.
    37  For  all  employees paid a piece rate, the payroll records shall include
    38  the applicable piece rate or rates of pay and number of pieces completed
    39  at each piece rate;
    40    § 3. This act shall take effect immediately; provided,  however,  that
    41  sections one and two of this act shall take effect on October  1,  2020,
    42  provided,  however,  that if a chapter of the laws of 2020, amending the
    43  labor law relating to additional information provided  to  employees  on
    44  public  work contracts, as proposed in legislative bills numbers S. 7307
    45  and A. 9000, shall not have taken effect on or before  such  date,  then
    46  section  two  of  this act shall take effect on the same date and in the
    47  same manner as such chapter of the laws of 2020 takes  effect;  provided
    48  further,  however,  that the director of the budget may, in consultation
    49  with the commissioner of health, delay  the  effective  date  prescribed
    50  herein for a period of time which shall not exceed ninety days following
    51  the  conclusion  or termination of an executive order issued pursuant to
    52  section 28 of the executive law declaring a state disaster emergency for
    53  the entire state of New York, upon such delay the director of the budget
    54  shall notify the chairs of the assembly ways  and  means  committee  and
    55  senate  finance  committee  and  the  chairs  of the assembly and senate
    56  health committees; provided further, however, that the director  of  the

        S. 7506--B                         282                        A. 9506--B
 
     1  budget  shall  notify  the legislative bill drafting commission upon the
     2  occurrence of a delay in the effective date of this act  in  order  that
     3  the  commission  may maintain an accurate and timely effective data base
     4  of the official text of the laws of the state of New York in furtherance
     5  of  effectuating the provisions of section 44 of the legislative law and
     6  section 70-b of the public officers law.
 
     7                                   PART PP
 
     8    Section 1.  The social services law is amended by adding a new section
     9  364-n to read as follows:
    10    § 364-n. Diabetes and chronic disease self-management  pilot  program.
    11  The  commissioner of health may establish a diabetes and chronic disease
    12  self-management pilot program in one or more counties or regions of  the
    13  state  for  the  purpose  of improving clinical outcomes. Payments under
    14  such program may be made for education, consultation, and  peer  support
    15  services  for  persons with chronic health conditions, as defined by the
    16  commissioner, to be eligible to receive such services. The  commissioner
    17  is authorized to establish fees for such counseling services, subject to
    18  the  approval  of  the  director  of  the  division  of  the budget. The
    19  provisions of this section shall not take effect  unless  all  necessary
    20  approvals under federal law and regulation have been obtained to receive
    21  federal financial participation for the costs of services provided under
    22  this section.
    23    §  2.  Section 367-r of the social services law, as amended by section
    24  58-a of part A of chapter 57 of the laws of  2006,  subdivision  1-a  as
    25  amended  by  section 10 of part C of chapter 109 of the laws of 2006, is
    26  amended to read as follows:
    27    § 367-r.  Private  duty  nursing  services  worker   recruitment   and
    28  retention  program. 1. (a) The commissioner of health, with the approval
    29  of the director of the budget, shall establish fees for  the  reimburse-
    30  ment of private duty nursing services.
    31    (b)  The  commissioner  of  health shall, subject to the provisions of
    32  paragraph (b) of subdivision two of this section and to the availability
    33  of federal financial participation, increase medical assistance rates of
    34  payment by three percent for services provided  on  and  after  December
    35  first,  two  thousand  two,  for  private  duty nursing services for the
    36  purposes of improving recruitment and retention of private duty nurses.
    37    [1-a.] 2. Medically fragile children. (a) In addition, the commission-
    38  er shall further increase rates for private duty nursing  services  that
    39  are provided to medically fragile children to ensure the availability of
    40  such  services  to such children. In establishing rates of payment under
    41  this subdivision, the commissioner shall consider the cost neutrality of
    42  such rates as related to the cost effectiveness of caring for  medically
    43  fragile children in a non-institutional setting as compared to an insti-
    44  tutional  setting. Medically fragile children shall, for the purposes of
    45  this subdivision, have the same meaning as  in  subdivision  three-a  of
    46  section  thirty-six  hundred  fourteen  of the public health law.   Such
    47  increased rates for services rendered to such  children  may  take  into
    48  consideration  the  elements  of cost, geographical differentials in the
    49  elements of cost considered, economic factors in the area in  which  the
    50  private  duty  nursing  service  is  provided, costs associated with the
    51  provision of private duty nursing services to  medically  fragile  chil-
    52  dren,  and  the  need  for  incentives to improve services and institute
    53  economies and such increased  rates  shall  be  payable  only  to  those
    54  private  duty  nurses  who  can  demonstrate, to the satisfaction of the

        S. 7506--B                         283                        A. 9506--B
 
     1  department of health, satisfactory training and  experience  to  provide
     2  services  to  such  children.  Such  increased rates shall be determined
     3  based on application of the case mix adjustment  factor  for  AIDS  home
     4  care  program  services rates as determined pursuant to applicable regu-
     5  lations of the department of health.  The  commissioner  may  promulgate
     6  regulations to implement the provisions of this subdivision.
     7    [2.]  (b)  Private  duty  nursing  services providers which have their
     8  rates adjusted pursuant to paragraph (b)  of  subdivision  one  of  this
     9  section and paragraph (a) of this subdivision shall use such funds sole-
    10  ly  for the purposes of recruitment and retention of private duty nurses
    11  or to ensure the delivery of private duty nursing services to  medically
    12  fragile  children and are prohibited from using such funds for any other
    13  purpose. Funds provided under paragraph (b) of subdivision one  of  this
    14  section  and  paragraph  (a)  of  this  subdivision  are not intended to
    15  supplant support provided by a local  government.  Each  such  provider,
    16  with  the  exception of self-employed private duty nurses, shall submit,
    17  at a time and in a manner  to  be  determined  by  the  commissioner  of
    18  health,  a  written certification attesting that such funds will be used
    19  solely for the purpose of recruitment  and  retention  of  private  duty
    20  nurses  or  to  ensure  the delivery of private duty nursing services to
    21  medically fragile children. The commissioner of health is authorized  to
    22  audit  each  such provider to ensure compliance with the written certif-
    23  ication required by this subdivision and shall recoup all  funds  deter-
    24  mined  to  have  been  used  for  purposes  other  than  recruitment and
    25  retention of private duty nurses or the delivery of private duty nursing
    26  services to medically fragile children.  Such  recoupment  shall  be  in
    27  addition to any other penalties provided by law.
    28    (c)  The  commissioner  of  health shall, subject to the provisions of
    29  paragraph (b) of this subdivision, and  the  provisions  of  subdivision
    30  three of this section, and subject to the availability of federal finan-
    31  cial  participation,  annually  increase  fees  for  the fee-for-service
    32  reimbursement of private duty nursing  services  provided  to  medically
    33  fragile  children  by  fee-for-service  private  duty  nursing  services
    34  providers who enroll and participate in the provider directory  pursuant
    35  to  subdivision  three  of  this  section, over a period of three years,
    36  commencing October first,  two  thousand  twenty,  by  one-third  annual
    37  increments,  until such fees for reimbursement equal the final benchmark
    38  payment designed to ensure adequate access to the service. In developing
    39  such benchmark the commissioner of health may utilize  the  average  two
    40  thousand  eighteen  Medicaid  managed care payments for reimbursement of
    41  such private duty nursing services.   The  commissioner  may  promulgate
    42  regulations to implement the provisions of this paragraph.
    43    3.    Provider  directory  for  fee-for-service  private  duty nursing
    44  services provided to medically fragile  children.  The  commissioner  of
    45  health is authorized to establish a directory of qualified providers for
    46  the  purpose of promoting the availability and ensuring delivery of fee-
    47  for-service private duty nursing services to medically fragile  children
    48  and  individuals  transitioning out of such category of care.  Qualified
    49  providers enrolling in the directory shall ensure the  availability  and
    50  delivery  of and shall provide such services to those individuals as are
    51  in need of such services, and shall receive increased reimbursement  for
    52  such  services  pursuant  to  paragraph  (c)  of subdivision two of this
    53  section.  The directory shall offer enrollment to all private duty nurs-
    54  ing services providers to promote and ensure the  participation  in  the
    55  directory of all nursing services providers available to serve medically
    56  fragile children.

        S. 7506--B                         284                        A. 9506--B
 
     1    §  3.  Paragraph  (h)  of subdivision 2 of section 365-a of the social
     2  services law, as amended by section 5 of part A of  chapter  57  of  the
     3  laws of 2018, is amended to read as follows:
     4    (h)  speech therapy, and when provided at the direction of a physician
     5  or nurse practitioner, physical therapy including related rehabilitative
     6  services and occupational therapy; [provided, however, that speech ther-
     7  apy and occupational therapy each shall be limited to coverage of twenty
     8  visits per year; physical therapy shall be limited to coverage of  forty
     9  visits  per year; such limitation shall not apply to persons with devel-
    10  opmental disabilities or, notwithstanding any other provision of law  to
    11  the contrary, to persons with traumatic brain injury;]
    12    §  4.  Paragraph  (b)  of subdivision 4 of section 365-a of the social
    13  services law, as amended by chapter 444 of the laws of 1979, is  amended
    14  to read as follows:
    15    (b)  care  and  services  of chiropractors and supplies related to the
    16  practice of chiropractic, except as provided  for  by  the  commissioner
    17  pursuant to a pilot program approved under federal law and regulation;
    18    §  5.  The  commissioner  of  health  is authorized to establish pilot
    19  programs in one or more counties or regions of the state for the purpose
    20  of promoting the use of alternatives to opioid treatment for individuals
    21  suffering from chronic lower back pain by offering access to  nonpharma-
    22  cologic  treatments  such as acupuncture and chiropractic services. Such
    23  access may be provided in select areas that have the  highest  need  for
    24  such  services  and  for  select  populations.    The provisions of this
    25  section shall not take  effect  unless  all  necessary  approvals  under
    26  federal  law and regulation have been obtained to receive federal finan-
    27  cial participation in the costs of services provided under this section.
    28    § 6. Subdivision 2 of section 365-a of  the  social  services  law  is
    29  amended by adding a new paragraph (hh) to read as follows:
    30    (hh)  The commissioner is authorized to establish one or more maternal
    31  health promotion pilot programs in one or more counties  or  regions  of
    32  the  state,  for  the purpose of providing Medicaid reimbursement of the
    33  prenatal maternal  childbirth  education  and  preparation  classes  for
    34  enrollees,  and transportation to and from such classes, for the purpose
    35  of improving maternal outcomes and reducing  maternal-infant  mortality.
    36  The  commissioner  is authorized to establish fees for the reimbursement
    37  of such classes, subject to the approval of the state  director  of  the
    38  budget.
    39    §  7.  This  act shall take effect October 1, 2020. Provided, however,
    40  that:
    41    1. the director of the budget may, in consultation  with  the  commis-
    42  sioner of health, delay the effective date prescribed herein for a peri-
    43  od  of  time which shall not exceed ninety days following the conclusion
    44  or termination of an executive order issued pursuant to  section  28  of
    45  article  2-B  of  the executive law declaring a state disaster emergency
    46  for the entire state of New York, upon such delay the  director  of  the
    47  budget  shall notify the chairs of the assembly ways and means committee
    48  and senate finance committee and the chairs of the assembly  and  senate
    49  health  committee;  provided  further, however, that the director of the
    50  budget shall notify the legislative bill drafting  commission  upon  any
    51  delay  of  such effective date in order that the commission may maintain
    52  an accurate and timely effective data base of the official text  of  the
    53  laws  of  the  state  of  New  York  in  furtherance of effectuating the
    54  provisions of section 44 of the legislative law and section 70-b of  the
    55  public officers law; and

        S. 7506--B                         285                        A. 9506--B
 
     1    2.  provided  that the division of budget shall notify the legislative
     2  bill drafting commission upon the occurrence of the necessary  approvals
     3  under federal law and regulation provided for in section one of this act
     4  in  order that the commission may maintain an accurate and timely effec-
     5  tive data base of the official text of the laws of the state of New York
     6  in  furtherance  of  effectuating  the  provisions  of section 44 of the
     7  legislative law and section 70-b of the public officers law.
 
     8                                   PART QQ
 
     9    Section 1. Subdivision 4 of section 145-b of the social services  law,
    10  as amended by section 51 of part C of chapter 58 of the laws of 2007, is
    11  amended to read as follows:
    12    4.  (a)  The  Medicaid  inspector  general,  in  consultation with the
    13  department of health, may require the payment of a monetary  penalty  as
    14  restitution to the medical assistance program by any person who fails to
    15  comply  with  the  standards  of  the medical assistance program or [of]
    16  standards of generally accepted medical practice in a substantial number
    17  of cases or grossly and flagrantly violated such standards and:
    18    (i) receives, or causes to be received by another person, payment from
    19  the medical assistance program when such person knew, or had  reason  to
    20  know, that:
    21    [(i)]  (A)  the  payment  involved  the providing or ordering of care,
    22  services or supplies that were medically  improper,  unnecessary  or  in
    23  excess  of  the documented medical needs of the person to whom they were
    24  furnished;
    25    [(ii)] (B) the  care,  services  or  supplies  were  not  provided  as
    26  claimed;
    27    [(iii)]  (C) the person who ordered [or], prescribed, or furnished the
    28  care, services or supplies which [was] were medically improper, unneces-
    29  sary or in excess of the documented medical need of the person  to  whom
    30  they  were  furnished was suspended or excluded from the medical assist-
    31  ance program at the time the care, services or supplies were  furnished;
    32  or
    33    [(iv)]  (D)  the  services  or supplies for which payment was received
    34  were not, in fact, provided; or
    35    (ii) such person fails  to  grant  timely  access  to  facilities  and
    36  records,  upon reasonable notice, to the Medicaid inspector general, the
    37  Medicaid fraud control unit of the attorney  general's  office,  or  the
    38  department of health for the purpose of audits, investigations, reviews,
    39  or  other  statutory  functions.    For  purposes  of this subparagraph,
    40  "reasonable notice" means a written request made by a  properly  identi-
    41  fied agent of the Medicaid inspector general, the Medicaid fraud control
    42  unit  of  the  attorney  general's  office,  or the department of health
    43  either, during hours that the individual or entity is open for business,
    44  or mailed to the individual or entity to an address  on  file  with  the
    45  department  of health or last known address. The request shall include a
    46  statement of the authority for the request, the definition  of  "reason-
    47  able notice", and the penalties for failure to comply;
    48    (iii)  such  person  knew or should have known that an overpayment has
    49  been identified and does not report, return and explain the  overpayment
    50  in   accordance   with   subdivision   six   of  section  three  hundred
    51  sixty-three-d of this article;
    52    (iv) such person arranges or contracts, by employment,  agreement,  or
    53  otherwise,  with an individual or entity that the person knows or should
    54  know is suspended or excluded from the medical assistance program at the

        S. 7506--B                         286                        A. 9506--B
 
     1  time such arrangement or contract regarding activities  related  to  the
     2  medical assistance program is made.
     3    (v)  For  purposes of this paragraph, "person" as used in subparagraph
     4  (i) does not include recipients of the medical assistance  program;  and
     5  "person"  as  used in subparagraphs (ii) -- (iv), is as defined in para-
     6  graph (e) of subdivision (6) of section three hundred  sixty-three-d  of
     7  this chapter.
     8    (b) [For each claim, the department of health is authorized to recover
     9  any   overpayment,  unauthorized  payment,  or  otherwise  inappropriate
    10  payment and if twenty-five percent or more of those  claims  which  were
    11  the  subject  of an audit by the department of health result in overpay-
    12  ments, unauthorized payments or otherwise inappropriate payments and for
    13  which the claims were submitted  by  a  person  for  payment  under  the
    14  medical  assistance  program,  the department may also impose a monetary
    15  penalty against any person, or persons, who  received  the  overpayment,
    16  unauthorized payment, or otherwise inappropriate payment for such claim.
    17  If less than twenty-five percent of identified claims result in overpay-
    18  ments,  unauthorized  payments  or otherwise inappropriate payments then
    19  the department of health may recover such monies or may impose  a  mone-
    20  tary  penalty,  but  not  both. In addition, the department of health is
    21  also authorized to recover any  overpayment,  unauthorized  payment,  or
    22  otherwise  inappropriate  payment  and impose a monetary penalty against
    23  any person, or persons, other than a recipient of  an  item  or  service
    24  under  the medical assistance program, who caused the overpayment, unau-
    25  thorized payment, or otherwise inappropriate payment to be  received  by
    26  the  other  person or persons. All of the foregoing actions may be taken
    27  by the department of health for the  same  claim.]  In  determining  the
    28  amount  of  any  monetary  penalty to be imposed, the Medicaid inspector
    29  general, in consultation with the department  of  health  [must],  shall
    30  take into consideration the following:
    31    (i)  the  number  and  total  value of the claims for payment from the
    32  medical assistance program which were the underlying basis of the deter-
    33  mination to impose a monetary penalty;
    34    (ii) the effect, if any, on the quality of medical  care  provided  to
    35  recipients of medical assistance as a result of the acts of the person;
    36    (iii)  the  degree  of  culpability  of  the  person in committing the
    37  proscribed actions and any mitigating circumstances;
    38    (iv) any prior violations committed by  the  person  relating  to  the
    39  medical  assistance  program, Medicare or other social services programs
    40  which resulted in either a criminal or administrative sanction, penalty,
    41  or recoupment; and
    42    (v) any other facts relating to the  nature  and  seriousness  of  the
    43  violations  including  any  exculpatory facts. [However, in no event can
    44  the department of health recover overpayments, unauthorized payments, or
    45  otherwise inappropriate payments from any  person,  or  persons,  for  a
    46  single  claim, in an amount that exceeds the amount paid for such claim.
    47  In]
    48    (c) (i) For subparagraphs (i), (iii), and (iv)  of  paragraph  (a)  of
    49  this  subdivision, in no event shall the monetary penalty imposed exceed
    50  ten thousand dollars for each item or service which was the  subject  of
    51  the determination herein, except that where a penalty under this section
    52  has been imposed on a person within the previous five years, such penal-
    53  ty  shall  not  exceed  thirty thousand dollars for each item or service
    54  which was the subject of the determination herein.

        S. 7506--B                         287                        A. 9506--B
 
     1    [(c)] (ii) For subparagraph (ii) of paragraph (a) of this subdivision,
     2  in no event shall the monetary penalty exceed fifteen  thousand  dollars
     3  for each day of the failure described in such subparagraph.
     4    (d)  Amounts  collected  pursuant  to this subdivision shall be appor-
     5  tioned between the local social  services  district  and  the  state  in
     6  accordance with the regulations of the department of health.
     7    (e)  For  the  purposes  of  this  subdivision,  "gross  and  flagrant
     8  violation" shall mean conduct which has an adverse effect on the  fiscal
     9  integrity of the medical assistance program and:
    10    (i)  which  substantially impairs the delivery of high quality medical
    11  care, services, or supplies; or
    12    (ii) which substantially impairs the oversight and  administration  of
    13  the program.
    14    (f)  A  person  against whom a monetary penalty is imposed pursuant to
    15  this subdivision shall be entitled to notice and an  opportunity  to  be
    16  heard,  including  the  right  to  request a hearing pursuant to section
    17  twenty-two of this chapter.
    18    § 2. Subdivision 2 of section 363-d of the  social  services  law,  as
    19  added by chapter 442 of the laws of 2006, is amended to read as follows:
    20    2.  Every  provider  of  medical assistance program items and services
    21  that is subject to subdivision four of  this  section  shall  adopt  and
    22  implement a compliance program. The office of Medicaid inspector general
    23  shall  create  and  make  available on its website guidelines, which may
    24  include a model compliance program, that  reflect  the  requirements  of
    25  this  section.   Such [program shall at a minimum be applicable to bill-
    26  ings to and payments from the medical assistance program but need not be
    27  confined to such matters] compliance programs shall  meet  the  require-
    28  ments  included  in  this subdivision as a condition of payment from the
    29  medical assistance program.  The compliance program required pursuant to
    30  this section may be a component of more comprehensive compliance  activ-
    31  ities  by the medical assistance provider so long as the requirements of
    32  this section are met. [A compliance program shall include the  following
    33  elements:
    34    (a)  written policies and procedures that describe compliance expecta-
    35  tions as embodied in a code of conduct or code of ethics, implement  the
    36  operation  of  the compliance program, provide guidance to employees and
    37  others on dealing with potential  compliance  issues,  identify  how  to
    38  communicate  compliance  issues  to appropriate compliance personnel and
    39  describe  how  potential  compliance  problems  are   investigated   and
    40  resolved;
    41    (b)  designate  an employee vested with responsibility for the day-to-
    42  day operation of the compliance  program;  such  employee's  duties  may
    43  solely relate to compliance or may be combined with other duties so long
    44  as  compliance  responsibilities  are  satisfactorily  carried out; such
    45  employee shall report directly to the entity's chief executive or  other
    46  senior  administrator  and  shall  periodically  report  directly to the
    47  governing body on the activities of the compliance program;
    48    (c) training and education of all affected employees and persons asso-
    49  ciated with  the  provider,  including  executives  and  governing  body
    50  members,  on  compliance issues, expectations and the compliance program
    51  operation; such training shall occur periodically and shall  be  made  a
    52  part  of  the  orientation  for  a new employee, appointee or associate,
    53  executive and governing body member;
    54    (d) communication lines to the  responsible  compliance  position,  as
    55  described  in  paragraph (b) of this subdivision, that are accessible to
    56  all employees, persons associated  with  the  provider,  executives  and

        S. 7506--B                         288                        A. 9506--B

     1  governing  body members, to allow compliance issues to be reported; such
     2  communication lines shall include a method for anonymous  and  confiden-
     3  tial  good  faith  reporting  of potential compliance issues as they are
     4  identified;
     5    (e) disciplinary policies to encourage good faith participation in the
     6  compliance  program by all affected individuals, including policies that
     7  articulate expectations for reporting compliance issues  and  assist  in
     8  their  resolution  and  outline  sanctions  for:  (1)  failing to report
     9  suspected problems; (2) participating in non-compliant behavior; or  (3)
    10  encouraging,  directing, facilitating or permitting non-compliant behav-
    11  ior; such disciplinary policies shall be fairly and firmly enforced;
    12    (f) a system for  routine  identification  of  compliance  risk  areas
    13  specific  to  the provider type, for self-evaluation of such risk areas,
    14  including internal audits and as appropriate external  audits,  and  for
    15  evaluation  of  potential  or  actual non-compliance as a result of such
    16  self-evaluations and audits;
    17    (g) a system for responding to compliance issues as they  are  raised;
    18  for  investigating  potential compliance problems; responding to compli-
    19  ance problems as  identified  in  the  course  of  self-evaluations  and
    20  audits;  correcting such problems promptly and thoroughly and implement-
    21  ing procedures, policies and systems as necessary to reduce  the  poten-
    22  tial  for recurrence; identifying and reporting compliance issues to the
    23  department or the office of Medicaid inspector  general;  and  refunding
    24  overpayments;
    25    (h)  a  policy  of non-intimidation and non-retaliation for good faith
    26  participation in the compliance program, including but  not  limited  to
    27  reporting  potential  issues,  investigating  issues,  self-evaluations,
    28  audits and remedial actions, and reporting to appropriate  officials  as
    29  provided  in sections seven hundred forty and seven hundred forty-one of
    30  the labor law.] Every provider shall adopt and  implement  an  effective
    31  compliance  program,  which shall include measures that prevent, detect,
    32  and correct non-compliance with medical assistance program  requirements
    33  as  well as measures that prevent, detect, and correct fraud, waste, and
    34  abuse. The compliance program shall include the following requirements:
    35    (a) Written policies, procedures, and standards of conduct that:
    36    (1) articulate the organization's commitment to comply with all appli-
    37  cable federal and state standards;
    38    (2) describe compliance expectations as embodied in the  standards  of
    39  conduct;
    40    (3) implement the operation of the compliance program;
    41    (4) provide guidance to employees and others on dealing with potential
    42  compliance issues;
    43    (5)  identify  how  to  communicate  compliance  issues to appropriate
    44  compliance personnel;
    45    (6) describe how potential  compliance  issues  are  investigated  and
    46  resolved by the organization;
    47    (7)  include a policy of non-intimidation and non-retaliation for good
    48  faith participation in the compliance program, including but not limited
    49  to reporting potential issues, investigating issues, conducting  self-e-
    50  valuations,  audits  and  remedial actions, and reporting to appropriate
    51  officials; and
    52    (8) all requirements listed under 42 U.S.C.1396-a(a)(68).
    53    (b) Designation of a compliance officer and a compliance committee who
    54  report directly and are accountable to the organization's  chief  execu-
    55  tive or other senior management.

        S. 7506--B                         289                        A. 9506--B
 
     1    (c)(1)  Each provider shall establish and implement effective training
     2  and education for its compliance officer and organization employees, the
     3  chief executive and other senior administrators, managers and  governing
     4  body members.
     5    (2)  Such training and education shall occur at a minimum annually and
     6  shall be made a part of the orientation  for  a  new  employee  and  new
     7  appointment of a chief executive, manager, or governing body member.
     8    (d)  Establishment  and  implementation of effective lines of communi-
     9  cation,  ensuring  confidentiality,  between  the  compliance   officer,
    10  members  of  the  compliance  committee,  the  organization's employees,
    11  managers and governing body, and the  organizations  first  tier,  down-
    12  stream,  and  related  entities.    Such lines of communication shall be
    13  accessible to all and allow compliance issues to be reported including a
    14  method for anonymous and confidential good faith reporting of  potential
    15  compliance issues as they are identified.
    16    (e)  Well-publicized disciplinary standards through the implementation
    17  of procedures which encourage good faith participation in the compliance
    18  program by all affected individuals.
    19    (f) Establishment  and  implementation  of  an  effective  system  for
    20  routine  monitoring  and  identification of compliance risks. The system
    21  should include internal  monitoring  and  audits  and,  as  appropriate,
    22  external  audits,  to  evaluate  the  organization's compliance with the
    23  medical assistance program requirements and the overall effectiveness of
    24  the compliance program.
    25    (g) Establishment and implementation of procedures and  a  system  for
    26  promptly responding to compliance issues as they are raised, investigat-
    27  ing potential compliance problems as identified in the course of self-e-
    28  valuations  and audits, correcting such problems promptly and thoroughly
    29  to reduce the potential for recurrence, and  ensure  ongoing  compliance
    30  with the medical assistance programs requirements.
    31    §  3.  Subdivision  3  of  section 363-d of the social services law is
    32  amended by adding two new paragraphs (d) and (e) to read as follows:
    33    (d)(1) In the first  instance  of  the  Medicaid  inspector  general's
    34  determination  that  the  provider,  including  a  Medicaid managed care
    35  provider, that has failed to adopt and implement  a  compliance  program
    36  which  satisfactorily  meets the requirements of this section, the Medi-
    37  caid inspector general may impose a monetary penalty  of  five  thousand
    38  dollars  per  calendar  month,  for  a maximum of twelve calendar months
    39  against a provider, including Medicaid managed care providers.
    40    (2) The Medicaid inspector general may impose a monetary penalty of up
    41  to ten thousand dollars per calendar month,  for  a  maximum  of  twelve
    42  calendar  months  against  a provider, including a Medicaid managed care
    43  provider, that has failed to adopt and implement  a  compliance  program
    44  which satisfactorily meets the requirements of this section, if a penal-
    45  ty was previously imposed under subparagraph one of this paragraph with-
    46  in the previous five years.
    47    (e)  A  provider,  including a Medicaid managed care provider, against
    48  whom a monetary penalty is imposed pursuant to  paragraph  (d)  of  this
    49  subdivision  shall be entitled to notice and an opportunity to be heard,
    50  including the right to request a hearing pursuant to section  twenty-two
    51  of this chapter.
    52    §  4.  Subdivision  4  of section 363-d of the social services law, as
    53  added by chapter 442 of the laws of 2006, is amended to read as follows:
    54    4. [The Medicaid inspector general, in consultation with  the  depart-
    55  ment  of health, shall promulgate regulations establishing those provid-

        S. 7506--B                         290                        A. 9506--B

     1  ers] Providers that shall be subject to the provisions of  this  section
     2  [including] include, but are not limited to[,] :
     3    (a) those subject to the provisions of articles twenty-eight and thir-
     4  ty-six of the public health law[,];
     5    (b) those subject to the provisions of articles sixteen and thirty-one
     6  of the mental hygiene law[,];
     7    (c) notwithstanding the provisions of section forty-four hundred four-
     8  teen  of  the  public  health law, managed care providers, as defined in
     9  section three hundred sixty-four-j of this title  and  includes  managed
    10  long-term care plans; and
    11    (d)  other  providers of care, services and supplies under the medical
    12  assistance program  for  which  the  medical  assistance  program  is  a
    13  substantial portion of their business operations.
    14    §  5.  Section  363-d  of the social services law is amended by adding
    15  three new subdivisions 5, 6 and 7 to read as follows:
    16    5. (a) The  Medicaid  inspector  general,  in  consultation  with  the
    17  department  of  health,  shall  promulgate  any regulations necessary to
    18  implement this section.
    19    (b) The Medicaid inspector general shall accept programs and processes
    20  implemented pursuant to  section  forty-four  hundred  fourteen  of  the
    21  public  health law as satisfying the obligations of this section and the
    22  regulations promulgated thereunder  when  such  programs  and  processes
    23  incorporate the objectives contemplated by this section.
    24    6.  (a)  If  a  person  has  received an overpayment under the medical
    25  assistance program, the person shall:
    26    (1) report and return the overpayment to the department; and
    27    (2) notify the Medicaid inspector general in writing of the reason for
    28  the overpayment.
    29    (b) An overpayment shall be reported and returned under paragraph  (a)
    30  of  this  subdivision  by the later of: (1) the date which is sixty days
    31  after the date on which the overpayment was identified; or (2) the  date
    32  any  corresponding cost report is due, if applicable. A person has iden-
    33  tified an overpayment when the person has or  should  have  through  the
    34  exercise  of  reasonable  diligence,  determined  that  the  person  has
    35  received an overpayment and quantified the amount of the overpayment.  A
    36  person  should  have  determined that the person received an overpayment
    37  and quantified the amount of the overpayment  if  the  person  fails  to
    38  exercise  reasonable  diligence and the person in fact received an over-
    39  payment.
    40    (c) The deadline for returning overpayments shall be tolled  when  the
    41  following occurs:
    42    (1)   the   Medicaid  inspector  general  acknowledges  receipt  of  a
    43  submission to the Medicaid inspector general's  self-disclosure  program
    44  under  subdivision  seven of this section, and shall remain tolled until
    45  such time as a self-disclosure and  compliance  agreement,  pursuant  to
    46  subdivision  seven  of  this section is fully executed, the person with-
    47  draws from the self-disclosure program, the person repays  the  overpay-
    48  ment  and  any interest due, or the person is removed from the self-dis-
    49  closure program by the Medicaid inspector general; or
    50    (2) in the absence of a finding of fraud a person may repay  an  over-
    51  payment  through  installment payments as described in subdivision seven
    52  of this section and shall remain tolled until such time as the  provider
    53  repays  the  overpayment  and  any  interest due, the Medicaid inspector
    54  general rejects  the  installment  payment  schedule  requested  by  the
    55  provider, or the provider fails to comply with the terms of the install-
    56  ment payment schedule.

        S. 7506--B                         291                        A. 9506--B
 
     1    (d)  Any  overpayment  retained  by  a  person  after the deadline for
     2  reporting and returning the overpayment  under  paragraph  (b)  of  this
     3  subdivision  shall be subject to a monetary penalty pursuant to subdivi-
     4  sion four of section one hundred forty-five-b of this article.
     5    (e)  For  purposes  of  this subdivision, "person" means a provider of
     6  services or supplies, managed care provider, as defined in paragraph (b)
     7  of subdivision one of section three hundred sixty-four-j of  this  title
     8  and  includes managed long-term care plans, and does not include recipi-
     9  ents of the medical assistance program.
    10    7. Self-disclosure program. (a) Notwithstanding the provisions of  any
    11  other law to the contrary, there is hereby established a voluntary self-
    12  disclosure program to be administered by the Medicaid inspector general,
    13  in consultation with the commissioner, for all persons described in this
    14  section owing any overpayment to the medical assistance program.
    15    (b)  For  purposes  of  this  subdivision,  "person"  means any person
    16  providing services or receiving payment  under  the  medical  assistance
    17  program, a managed care provider as defined in paragraph (b) of subdivi-
    18  sion  one of section three hundred sixty-four-j of this title, including
    19  managed long-term care plans, and any subcontractors or network  provid-
    20  ers thereof.
    21    (c)  In  order  to  be  eligible to participate in the self-disclosure
    22  program, a person shall satisfy the following conditions:
    23    (1) the person is not currently under audit, investigation  or  review
    24  by  the  Medicaid  inspector  general,  unless  the  overpayment and the
    25  related conduct being disclosed does not relate to the Medicaid  inspec-
    26  tor general's audit, investigation or review;
    27    (2)  the  person is disclosing an overpayment and related conduct that
    28  the  Medicaid  inspector  general  has   not   determined,   calculated,
    29  researched or identified at the time of the disclosure;
    30    (3)  the  overpayment  and related conduct is reported by the deadline
    31  specified in subdivision six of this section; and
    32    (4) the person is not currently a party to any criminal  investigation
    33  being  conducted  by  the deputy attorney general for the Medicaid fraud
    34  control unit or an agency of the United States government or  any  poli-
    35  tical subdivision thereof.
    36    (d)  Notwithstanding  subdivision  three of section one hundred forty-
    37  five-b of this article, the Medicaid inspector general may waive  inter-
    38  est  on any overpayment reported, returned, and explained by an eligible
    39  person under this subdivision.  Furthermore, an eligible  person's  good
    40  faith  participation in the self-disclosure program may be considered as
    41  a mitigating factor in the determination of an  administrative  enforce-
    42  ment action.
    43    (e)  To participate in the self-disclosure program, an eligible person
    44  shall apply by submitting a self-disclosure statement in  the  form  and
    45  manner prescribed by the Medicaid inspector general. The statement shall
    46  contain  all  the information required by the Medicaid inspector general
    47  to effectively administer the self-disclosure program.
    48    (f) (1) The eligible person shall pay the  overpayment  amount  deter-
    49  mined by the Medicaid inspector general to the department within fifteen
    50  days  of  the  Medicaid  inspector  general  notifying the person of the
    51  amount due.
    52    (2) In the event the Medicaid inspector general is satisfied that  the
    53  person  cannot make immediate full payment of the disclosed overpayment,
    54  the Medicaid inspector general may permit the person to repay the  over-
    55  payment  and any interest due through installment payments. The Medicaid
    56  inspector general may require a financial disclosure  statement  setting

        S. 7506--B                         292                        A. 9506--B

     1  forth  information  concerning the person's current assets, liabilities,
     2  earnings, and  other  financial  information  before  entering  into  an
     3  installment payment plan with the person.
     4    (3) If the person and the overpayment are eligible under the self-dis-
     5  closure  program,  the Medicaid inspector general shall be authorized to
     6  enter into a self-disclosure and compliance agreement with  the  person.
     7  The  self-disclosure  and  compliance agreement shall be in a form to be
     8  established by the Medicaid inspector general and include such terms  as
     9  the  Medicaid  inspector  general shall require for the repayment of the
    10  person's disclosed overpayment and enable  and  require  the  person  to
    11  comply  with  the  requirements of the medical assistance program in the
    12  future. The person shall  execute  the  self-disclosure  and  compliance
    13  agreement within fifteen days of receiving said agreement from the Medi-
    14  caid  inspector  general, or such other timeframe permitted by the Medi-
    15  caid inspector general, provided however, that such other period is  not
    16  less than fifteen days.
    17    (4) If the person provides false material information or omits materi-
    18  al  information  in  his  or  her  submissions to the Medicaid inspector
    19  general, or attempts to defeat or evade an overpayment due  pursuant  to
    20  the  self-disclosure and compliance agreement executed under this subdi-
    21  vision, or fails to comply with the terms  of  the  self-disclosure  and
    22  compliance  agreement,  or  refuses  to  execute the self-disclosure and
    23  compliance agreement in the timeframes  specified  under  this  section,
    24  such  agreement  shall  be  deemed  rescinded and the provider's partic-
    25  ipation in the self-disclosure program terminated.
    26    (5) A person against whom a self-disclosure and  compliance  agreement
    27  is  rescinded and participation in the self-disclosure program is termi-
    28  nated pursuant to subparagraph four of this paragraph shall be  entitled
    29  to notice.
    30    (g)  The  Medicaid inspector general, in consultation with the commis-
    31  sioner, may promulgate regulations, issue forms  and  instructions,  and
    32  take  any and all other actions necessary to implement the provisions of
    33  the self-disclosure program established under this section  to  maximize
    34  public awareness and participation in such program.
    35    §  6.  Paragraph  (b)  of subdivision 2 of section 367-a of the social
    36  services law, as amended by section 116 of part C of chapter 58  of  the
    37  laws of 2009, is amended to read as follows:
    38    (b)  Any  inconsistent provision of this chapter or other law notwith-
    39  standing, upon furnishing assistance under this title to  any  applicant
    40  or  recipient  of medical assistance, the local social services district
    41  or the department shall be subrogated, to the extent of the expenditures
    42  by such district or department for medical care furnished, to any rights
    43  such person may have to medical support  or  reimbursement  from  liable
    44  third  parties,  including  but not limited to health insurers, self-in-
    45  sured plans, group health plans, service  benefit  plans,  managed  care
    46  organizations,  pharmacy benefit managers, or other parties that are, by
    47  statute, contract, or agreement, legally responsible for  payment  of  a
    48  claim  for  a health care item or service. For purposes of this section,
    49  the term medical support shall mean the right to  support  specified  as
    50  support  for  the  purpose  of medical care by a court or administrative
    51  order. The right of subrogation does not attach  to  insurance  benefits
    52  paid  or provided under any health insurance policy prior to the receipt
    53  of written notice of the exercise of subrogation rights by  the  carrier
    54  issuing  such  insurance,  nor shall such right of subrogation attach to
    55  any benefits which may be claimed by a social services official  or  the
    56  department,  by  agreement or other established procedure, directly from

        S. 7506--B                         293                        A. 9506--B
 
     1  an insurance carrier. No right  of  subrogation  to  insurance  benefits
     2  available  under any health insurance policy shall be enforceable unless
     3  written notice of the exercise of such subrogation right is received  by
     4  the carrier within three years from the date services for which benefits
     5  are  provided  under  the  policy or contract are rendered. Liable third
     6  parties shall not deny a claim made by a social services official or the
     7  department in conformance with this paragraph solely on the basis of the
     8  date of submission of the claim, the type or format of the claim form, a
     9  failure to obtain prior authorization, or a failure  to  present  proper
    10  documentation  at  the  point-of-sale  that  is  the basis of the claim.
    11  Liable third parties shall respond to a request for payment within sixty
    12  calendar days after receipt of  written  proof  of  loss  or  claim  for
    13  payment for health care services provided to a recipient of Medicaid who
    14  is  covered  by the third party and shall not charge a fee to process or
    15  adjudicate a claim. The local social services district or the department
    16  shall also notify the carrier when the exercise  of  subrogation  rights
    17  has  terminated because a person is no longer receiving assistance under
    18  this title. Such carrier shall  establish  mechanisms  to  maintain  the
    19  confidentiality of all individually identifiable information or records.
    20  Such  carrier  shall  limit the use of such information or record to the
    21  specific purpose for which  such  disclosure  is  made,  and  shall  not
    22  further disclose such information or records.
    23    § 7. Section 364-j of the social services law is amended by adding two
    24  new subdivisions 38 and 39 to read as follows:
    25    38.  Penalties  for  the submission of misstated cost reports. (a) For
    26  purposes of this subdivision, managed care provider shall  also  include
    27  managed long-term care plans.
    28    (b)  The  Medicaid inspector general may, in his or her discretion and
    29  in consultation with the commissioner, impose a  penalty  on  a  managed
    30  care  provider  whose filed cost report contained a misstatement of fact
    31  including:
    32    (i) unsubstantiated or improper costs;
    33    (ii) number of member months;
    34    (iii) number of events.
    35    For purposes of this paragraph, number of events  shall  include,  but
    36  not be limited to understated births or deliveries.
    37    (c)  (i)  For misstatements found in subparagraph (i) of paragraph (b)
    38  of this subdivision, the penalty shall be equal to  the  amount  of  the
    39  misstatement multiplied by two.
    40    (ii)  For misstatements found in subparagraph (ii) of paragraph (b) of
    41  this subdivision, the penalty shall be the amount of the premium capita-
    42  tion paid by the department for the region per member month.
    43    (iii) For misstatements found in subparagraph (iii) of  paragraph  (b)
    44  of this subdivision, the penalty shall be the amount of the supplemental
    45  capitation paid by the department for the region per member event.
    46    (d) Any penalty imposed under this subdivision may be recovered by the
    47  department in any manner authorized by law.
    48    (e) The managed care provider against whom a penalty is imposed pursu-
    49  ant  to  this subdivision shall be entitled to notice and an opportunity
    50  to be heard in accordance with section twenty-two of this chapter.
    51    39. Medicaid fraud, waste and abuse prevention. (a)  For  purposes  of
    52  this subdivision, managed care provider shall also include managed long-
    53  term care plans.
    54    (b)  Managed  care  providers  shall  adopt and implement policies and
    55  procedures designed to detect and prevent fraud, waste and  abuse.  This
    56  shall include the adoption and implementation of a compliance program as

        S. 7506--B                         294                        A. 9506--B
 
     1  required  by  section  three hundred sixty-three-d of this title and the
     2  terms of the contract between the managed care provider and  the  state,
     3  and  for managed care providers with an enrolled population of one thou-
     4  sand  or more persons in the aggregate in any given year, the establish-
     5  ment of a special investigation unit which will have  primary  responsi-
     6  bility  for  implementing  the  managed  care  provider's  policies  and
     7  procedures to detect and prevent fraud, waste and abuse, as  it  relates
     8  to  the  managed care provider's participation in the medical assistance
     9  program.
    10    (c) The managed care provider shall coordinate its  fraud,  waste  and
    11  abuse  prevention activities with the Medicaid inspector general and the
    12  department of health. The Medicaid inspector  general,  in  consultation
    13  with  the  department of health, may promulgate regulations establishing
    14  standards and requirements for the operation of  managed  care  provider
    15  fraud, waste and abuse prevention activities, including requirements for
    16  special  investigation  units.    The  provisions  of  this  subdivision
    17  notwithstanding, the managed care provider shall continue to comply with
    18  all the requirements of  section  forty-four  hundred  fourteen  of  the
    19  public health law.
    20    §  8. Section 3613 of the public health law is amended by adding a new
    21  subdivision 1-a to read as follows:
    22    1-a. Each home care services worker shall obtain an individual  unique
    23  identifier  from the state by or before a date determined by the commis-
    24  sioner in consultation with the Medicaid inspector general. Any personal
    25  information submitted to obtain such unique identifier  shall  be  main-
    26  tained  as confidential pursuant to article six-A of the public officers
    27  law ("New York state privacy protection law").
    28    § 9. Subdivision 3 of section 365-f of the  social  services  law,  as
    29  amended  by  chapter  511  of  the  laws  of 2015, is amended to read as
    30  follows:
    31    3. Division of responsibilities. Eligible  individuals  who  elect  to
    32  participate  in the program assume the responsibility for services under
    33  such program as mutually  agreed  to  by  the  eligible  individual  and
    34  provider  and as documented in the eligible individual's record, includ-
    35  ing, but not  limited  to,  recruiting,  hiring  and  supervising  their
    36  personal  assistants. For the purposes of this section, personal assist-
    37  ant shall mean an adult who has obtained an individual unique identifier
    38  from the state by or before a date determined  by  the  commissioner  of
    39  health in consultation with the Medicaid inspector general, and provides
    40  services  under this section to the eligible individual under the eligi-
    41  ble individual's instruction, supervision and  direction  or  under  the
    42  instruction,  supervision  and  direction  of  the eligible individual's
    43  designated representative, provided that a  person  legally  responsible
    44  for  an eligible individual's care and support, an eligible individual's
    45  spouse or designated representative may not be  the  personal  assistant
    46  for  the  eligible individual; however, a personal assistant may include
    47  any other adult relative of the eligible individual, provided,  however,
    48  that  the program determines that the services provided by such relative
    49  are consistent with an individual's plan of care and that the  aggregate
    50  cost  for  such  services does not exceed the aggregate costs for equiv-
    51  alent services  provided  by  a  non-relative  personal  assistant.  Any
    52  personal information submitted to obtain such unique identifier shall be
    53  maintained as confidential pursuant to article six-A of the public offi-
    54  cers  law  ("New  York  state privacy protection law"). Such individuals
    55  shall be assisted as appropriate  with  service  coverage,  supervision,
    56  advocacy  and  management. Providers shall not be liable for fulfillment

        S. 7506--B                         295                        A. 9506--B
 
     1  of responsibilities agreed to be undertaken by the eligible  individual.
     2  This  subdivision, however, shall not diminish the participating provid-
     3  er's liability for failure  to  exercise  reasonable  care  in  properly
     4  carrying  out  its  responsibilities  under  this  program,  which shall
     5  include monitoring such individual's continuing ability to fulfill those
     6  responsibilities documented in his or her records. Failure of the  indi-
     7  vidual to carry out his or her agreed to responsibilities may be consid-
     8  ered  in determining such individual's continued appropriateness for the
     9  program.
    10    § 10. Subparagraph (C) of paragraph 3 of  subsection  (e)  of  section
    11  3212  of  the  insurance  law,  as amended by section 117-b of part C of
    12  chapter 58 of the laws of 2009, is amended to read as follows:
    13    (C) No right of subrogation to insurance benefits available under  any
    14  health  insurance  policy  shall be enforceable unless written notice of
    15  the exercise of such subrogation right is received by the carrier within
    16  three years from the date services for which benefits are provided under
    17  the policy or contract are rendered. An insurer shall not deny  a  claim
    18  made  in  conformance  with  paragraph (b) of subdivision two of section
    19  three hundred sixty-seven-a of the social services  law  solely  on  the
    20  basis  of the date of submission of the claim, the type or format of the
    21  claim form, a failure to obtain prior authorization,  or  a  failure  to
    22  present  proper  documentation at the point-of-sale that is the basis of
    23  the claim.
    24    § 11. This act shall take effect immediately and shall  be  deemed  to
    25  have  been in full force and effect on and after April 1, 2020; provided
    26  however, section three of this act shall apply to compliance reviews for
    27  calendar years beginning on or after January 1, 2021; provided  further,
    28  section  seven  of  this  act  shall apply to cost reports submitted for
    29  calendar years beginning on or after January 1, 2014; provided  further,
    30  however, the amendments to section 364-j of the social services law made
    31  by  section  seven  of  this  act,  shall  not affect the repeal of such
    32  section and shall be deemed repealed therewith;  and  provided  further,
    33  however,  that  the director of the budget may, in consultation with the
    34  commissioner of health, delay the effective dates prescribed herein  for
    35  a  period  of  time  which  shall  not  exceed ninety days following the
    36  conclusion or termination of  an  executive  order  issued  pursuant  to
    37  section 28 of the executive law declaring a state disaster emergency for
    38  the  entire  state  of New York, and upon such delay the director of the
    39  budget shall notify the chairs of the assembly ways and means  committee
    40  and  senate  finance committee and the chairs of the assembly and senate
    41  health committee; and provided further, however, that  the  director  of
    42  the  budget  shall  notify the legislative bill drafting commission upon
    43  the occurrence of a delay in the effective date of this  act,  in  order
    44  that  the  commission may maintain an accurate and timely effective data
    45  base of the official text of the laws of the state of New York in furth-
    46  erance of effecting the provisions of section 44 of the legislative  law
    47  and section 70-b of the public officers law.
 
    48                                   PART RR

    49    Section 1. Subdivision (b) of section 25-z of the general city law, as
    50  amended  by  section  3  of part E of chapter 61 of the laws of 2017, is
    51  amended and a new subdivision (g) is added to read as follows:
    52    (b) No eligible business shall be authorized to receive a credit under
    53  any local law enacted pursuant to this article until the  premises  with
    54  respect  to which it is claiming the credit meet the requirements in the

        S. 7506--B                         296                        A. 9506--B
 
     1  definition of eligible premises and until  it  has  obtained  a  certif-
     2  ication  of  eligibility from the mayor of such city or an agency desig-
     3  nated by such mayor, and an annual certification from such mayor  or  an
     4  agency  designated  by such mayor as to the number of eligible aggregate
     5  employment shares maintained by such eligible business that may  qualify
     6  for  obtaining a tax credit for the eligible business' taxable year. Any
     7  written documentation submitted to such mayor or such agency or agencies
     8  in order to obtain any such certification  shall  be  deemed  a  written
     9  instrument  for  purposes of section 175.00 of the penal law. Such local
    10  law may provide for application fees to be determined by such  mayor  or
    11  such  agency  or agencies. No such certification of eligibility shall be
    12  issued under any local law enacted pursuant to this article to an eligi-
    13  ble business on or after July first, two thousand  [twenty]  twenty-five
    14  unless:
    15    (1)  prior to such date such business has purchased, leased or entered
    16  into a contract to purchase or lease particular premises or a parcel  on
    17  which  will  be constructed such premises or already owned such premises
    18  or parcel;
    19    (2) prior to such date improvements have been commenced on such  prem-
    20  ises  or parcel, which improvements will meet the requirements of subdi-
    21  vision (e) of section twenty-five-y of this article relating to expendi-
    22  tures for improvements;
    23    (3) prior to such date such business submits a preliminary application
    24  for a certification of eligibility to such mayor or such agency or agen-
    25  cies with respect to a proposed relocation to such particular  premises;
    26  and
    27    (4) such business relocates to such particular premises not later than
    28  thirty-six  months  or, in a case in which the expenditures made for the
    29  improvements specified in paragraph  two  of  this  subdivision  are  in
    30  excess  of fifty million dollars within seventy-two months from the date
    31  of submission of such preliminary application.
    32    (g) For the duration of the benefit period, a recipient  of  a  credit
    33  under  any local law enacted pursuant to this article shall file annual-
    34  ly, along with the aforementioned original and  annual  certificates  of
    35  eligibility,  the  average  wage  and benefits offered to the applicable
    36  relocated employees used in determining  eligible  aggregate  employment
    37  shares,  pursuant  to  subdivision  (i) of section twenty-five-y of this
    38  article.  The department shall have the authority to require that state-
    39  ments filed under this subdivision be certified.
    40    § 2. Subdivision (b) of section 25-ee of  the  general  city  law,  as
    41  amended  by  section  4  of part E of chapter 61 of the laws of 2017, is
    42  amended and a new subdivision (e) is added to read as follows:
    43    (b) No eligible business or special eligible business shall be author-
    44  ized to receive a credit against tax under any local law enacted  pursu-
    45  ant  to  this  article  until  the  premises with respect to which it is
    46  claiming the credit meet the requirements in the definition of  eligible
    47  premises  and  until it has obtained a certification of eligibility from
    48  the mayor of such city or any agency designated by such  mayor,  and  an
    49  annual  certification  from  such  mayor or an agency designated by such
    50  mayor as to the number of eligible  aggregate  employment  shares  main-
    51  tained  by such eligible business or such special eligible business that
    52  may qualify for obtaining a tax credit for the eligible business'  taxa-
    53  ble  year. No special eligible business shall be authorized to receive a
    54  credit against tax under the  provisions  of  this  article  unless  the
    55  number of relocated employee base shares calculated pursuant to subdivi-
    56  sion (o) of section twenty-five-dd of this article is equal to or great-

        S. 7506--B                         297                        A. 9506--B
 
     1  er than the lesser of twenty-five percent of the number of New York city
     2  base  shares  calculated pursuant to subdivision (p) of such section and
     3  two hundred fifty employment shares. Any written documentation submitted
     4  to  such  mayor  or  such agency or agencies in order to obtain any such
     5  certification shall be deemed  a  written  instrument  for  purposes  of
     6  section 175.00 of the penal law. Such local law may provide for applica-
     7  tion  fees to be determined by such mayor or such agency or agencies. No
     8  certification of eligibility shall be issued under any local law enacted
     9  pursuant to this article to an eligible business on or after July first,
    10  two thousand [twenty] twenty-five unless:
    11    (1) prior to such date such business has purchased, leased or  entered
    12  into  a  contract  to  purchase  or lease premises in the eligible Lower
    13  Manhattan area or a parcel on which will be constructed such premises;
    14    (2) prior to such date improvements have been commenced on such  prem-
    15  ises  or parcel, which improvements will meet the requirements of subdi-
    16  vision (e) of section twenty-five-dd of this article relating to expend-
    17  itures for improvements;
    18    (3) prior to such date such business submits a preliminary application
    19  for a certification of eligibility to such mayor or such agency or agen-
    20  cies with respect to a proposed relocation to such premises; and
    21    (4) such business relocates to such premises as provided  in  subdivi-
    22  sion  (j) of section twenty-five-dd of this article not later than thir-
    23  ty-six months or, in a case in  which  the  expenditures  made  for  the
    24  improvements  specified  in  paragraph  two  of  this subdivision are in
    25  excess of fifty million dollars within seventy-two months from the  date
    26  of submission of such preliminary application.
    27    (e)  For the duration of the benefit period, the recipient of benefits
    28  shall file annually, along with the aforementioned original  and  annual
    29  certificates  of  eligibility,  the average wage and benefits offered to
    30  the applicable relocated employees used in determining  eligible  aggre-
    31  gate  employment  shares, pursuant to subdivision (i) of section twenty-
    32  five-y of this chapter.   The department shall  have  the  authority  to
    33  require that statements filed under this subdivision be certified.
    34    §  3.  Subdivision (b) of section 22-622 of the administrative code of
    35  the city of New York, as amended by section 5 of part E of chapter 61 of
    36  the laws of 2017, is amended to read as follows:
    37    (b) No eligible business shall  be  authorized  to  receive  a  credit
    38  against  tax  or  a  reduction  in  base  rent  subject to tax under the
    39  provisions of this chapter, and of title eleven of the code as described
    40  in subdivision (a) of this section, until the premises with  respect  to
    41  which  it is claiming the credit meet the requirements in the definition
    42  of eligible premises and until it has obtained a certification of eligi-
    43  bility from the mayor or an agency designated by the mayor, and an annu-
    44  al certification from the mayor or an agency designated by the mayor  as
    45  to the number of eligible aggregate employment shares maintained by such
    46  eligible  business  that  may qualify for obtaining a tax credit for the
    47  eligible business' taxable year. Any written documentation submitted  to
    48  the mayor or such agency or agencies in order to obtain any such certif-
    49  ication  shall  be  deemed  a written instrument for purposes of section
    50  175.00 of the penal law. Application fees for such certifications  shall
    51  be  determined by the mayor or such agency or agencies. No certification
    52  of eligibility shall be issued to an eligible business on or after  July
    53  first, two thousand [twenty] twenty-five unless:
    54    (1)  prior to such date such business has purchased, leased or entered
    55  into a contract to purchase or lease particular premises or a parcel  on

        S. 7506--B                         298                        A. 9506--B
 
     1  which  will  be constructed such premises or already owned such premises
     2  or parcel;
     3    (2)  prior to such date improvements have been commenced on such prem-
     4  ises or parcel which improvements will meet the requirements of subdivi-
     5  sion (e) of section 22-621 of this chapter relating to expenditures  for
     6  improvements;
     7    (3) prior to such date such business submits a preliminary application
     8  for a certification of eligibility to such mayor or such agency or agen-
     9  cies  with respect to a proposed relocation to such particular premises;
    10  and
    11    (4) such business relocates to such particular premises not later than
    12  thirty-six months or, in a case  in  which  the  expenditures  made  for
    13  improvements  specified  in  paragraph  two  of  this subdivision are in
    14  excess of fifty million dollars within seventy-two months from the  date
    15  of submission of such preliminary application.
    16    § 4. Section 22-622 of the administrative code of the city of New York
    17  is amended by adding a new subdivision (g) to read as follows:
    18    (g)  For the duration of the benefit period, the recipient of benefits
    19  shall file annually, along with the aforementioned original  and  annual
    20  certificates  of  eligibility,  the average wage and benefits offered to
    21  the applicable relocated employees used in determining  eligible  aggre-
    22  gate employment shares, pursuant to subdivision (i) of section 22-621 of
    23  this  chapter.  The  department shall have the authority to require that
    24  statements filed under this subdivision be certified.
    25    § 5. Subdivision (b) of section 22-624 of the administrative  code  of
    26  the city of New York, as amended by section 6 of part E of chapter 61 of
    27  the  laws of 2017, is amended and a new subdivision (e) is added to read
    28  as follows:
    29    (b) No eligible business or special eligible business shall be author-
    30  ized to receive a credit against tax under the provisions of this  chap-
    31  ter,  and of title eleven of the code as described in subdivision (a) of
    32  this section, until the premises with respect to which  it  is  claiming
    33  the  credit meet the requirements in the definition of eligible premises
    34  and until it has obtained a certification of eligibility from the  mayor
    35  or  an  agency designated by the mayor, and an annual certification from
    36  the mayor or an agency designated by the  mayor  as  to  the  number  of
    37  eligible  aggregate  employment shares maintained by such eligible busi-
    38  ness or special eligible business that may qualify for obtaining  a  tax
    39  credit  for  the  eligible  business'  taxable year. No special eligible
    40  business shall be authorized to receive a credit against tax  under  the
    41  provisions  of  this  chapter and of title eleven of the code unless the
    42  number of relocated employee base shares calculated pursuant to subdivi-
    43  sion (o) of section 22-623 of this chapter is equal to or  greater  than
    44  the  lesser  of  twenty-five percent of the number of New York city base
    45  shares calculated pursuant to subdivision (p) of  such  section  22-623,
    46  and  two  hundred  fifty  employment  shares.  Any written documentation
    47  submitted to the mayor or such agency or agencies in order to obtain any
    48  such certification shall be deemed a written instrument for purposes  of
    49  section  175.00  of  the  penal  law.  Application fees for such certif-
    50  ications shall be determined by the mayor or such agency or agencies. No
    51  certification of eligibility shall be issued to an eligible business  on
    52  or after July first, two thousand [twenty] twenty-five unless:
    53    (1)  prior to such date such business has purchased, leased or entered
    54  into a contract to purchase or lease  premises  in  the  eligible  Lower
    55  Manhattan area or a parcel on which will be constructed such premises;

        S. 7506--B                         299                        A. 9506--B
 
     1    (2)  prior to such date improvements have been commenced on such prem-
     2  ises or parcel, which improvements will meet the requirements of  subdi-
     3  vision  (e)  of  section 22-623 of this chapter relating to expenditures
     4  for improvements;
     5    (3) prior to such date such business submits a preliminary application
     6  for a certification of eligibility to such mayor or such agency or agen-
     7  cies with respect to a proposed relocation to such premises; and
     8    (4) such business relocates to such premises not later than thirty-six
     9  months or, in a case in which the expenditures made for the improvements
    10  specified  in  paragraph  two of this subdivision are in excess of fifty
    11  million dollars within seventy-two months from the date of submission of
    12  such preliminary application.
    13    (e) For the duration of the benefit period, the recipient of  benefits
    14  shall  file  annually, along with the aforementioned original and annual
    15  certificates of eligibility, the average wage and  benefits  offered  to
    16  the  applicable  relocated employees used in determining eligible aggre-
    17  gate employment shares, pursuant to subdivision (i) of section 22-623 of
    18  this chapter. The department shall have the authority  to  require  that
    19  statements filed under this subdivision be certified.
    20    § 6. This act shall take effect immediately.
 
    21                                   PART SS
 
    22    Section  1.  Subdivision  3 of section 489-cccccc of the real property
    23  tax law is amended by adding a new paragraph (d) to read as follows:
    24    (d) Self-storage facilities. For purposes of this title, "self-storage
    25  facility" shall mean any real property or  a  portion  thereof  that  is
    26  designed  and  used  for the purpose of occupying storage space by occu-
    27  pants who are to have access thereto for  the  purpose  of  storing  and
    28  removing  personal  property, pursuant to subdivision one of section one
    29  hundred eighty-two of the lien law. No benefits shall be granted  pursu-
    30  ant  to  this  title  for  construction  work on real property where any
    31  portion of such property is to be used as a self-storage facility.
    32    § 2. Subdivision 4 and paragraph (c) of subdivision 5 of section  489-
    33  cccccc of the real property tax law, as added by chapter 119 of the laws
    34  of 2008, are amended to read as follows:
    35    4. Hotel uses. Benefits shall be available for commercial construction
    36  work  or renovation construction work on a building or structure for the
    37  property's square footage used to provide lodging and  support  services
    38  for  transient guests, provided the applicant is not otherwise disquali-
    39  fied pursuant to paragraph (c) of subdivision five of this  section,  or
    40  section four hundred eighty-nine-eeeeee or four hundred eighty-nine-iii-
    41  iii of this title.
    42    (c)  Applicant  affidavit. No benefits pursuant to this title shall be
    43  granted for any construction work unless the applicant provides, togeth-
    44  er with the final application, an affidavit setting forth the  following
    45  information:
    46    (i)  a statement that within the seven years immediately preceding the
    47  date of the preliminary application for benefits, neither the applicant,
    48  nor any person owning a substantial interest in the property as  defined
    49  in  subparagraph  (iii)  of this paragraph, nor any officer, director or
    50  general partner of the applicant or such person was finally  adjudicated
    51  by  a  court  of  competent  jurisdiction  to  have violated section two
    52  hundred thirty-five of the real property law or any section  of  article
    53  one  hundred  fifty of the penal law or any similar arson law of another
    54  state with respect to any building, or finally adjudicated by  a  compe-

        S. 7506--B                         300                        A. 9506--B
 
     1  tent  authority,  agency,  or  a court of competent jurisdiction to have
     2  violated any state, city, or municipal  business  regulations  or  ordi-
     3  nances  related  to  payment  of  taxes, payment of wages, or fraudulent
     4  representation  to governmental entities, or was an officer, director or
     5  general partner of a person at the time such person was finally  adjudi-
     6  cated  to have violated such [law] state, city, or municipal laws, busi-
     7  ness regulations, and ordinances related to payment of taxes, payment of
     8  wages, or fraudulent representation to governmental entities; and
     9    (ii) a statement setting forth any pending charges alleging  violation
    10  of  section  two  hundred  thirty-five  of  the real property law or any
    11  section of article one hundred fifty of the penal  law  or  any  similar
    12  arson law of another jurisdiction with respect to any building and pend-
    13  ing  charges  alleging  violation  of state, city, or municipal business
    14  regulations or ordinances related to payment of taxes, payment of wages,
    15  or fraudulent representation to governmental entities by  the  applicant
    16  or  any  person owning a substantial interest in the property as defined
    17  in subparagraph (iii) of this paragraph, or  any  officer,  director  or
    18  general partner of the applicant or such person.
    19    (iii)  "Substantial  interest"  as used in this subdivision shall mean
    20  ownership and control of an interest of ten percent or more in a proper-
    21  ty or any person owning a property.
    22    (iv) If any person described in the statement required by subparagraph
    23  (ii) of this paragraph is finally adjudicated by a  court  of  competent
    24  jurisdiction  to  be  guilty of any charge listed in such statement, the
    25  recipient shall cease to be eligible for benefits pursuant to this title
    26  and shall pay with interest any taxes for which an abatement was claimed
    27  pursuant to this title.
    28    § 3. Paragraph (a) of subdivision 1 of section 489-dddddd of the  real
    29  property  tax  law,  as amended by section 25 of part E of chapter 61 of
    30  the laws of 2017, is amended to read as follows:
    31    (a) Application for benefits pursuant to this title may be made  imme-
    32  diately  following the effective date of a local law enacted pursuant to
    33  this title and continuing until March first, two  thousand  [twenty-two]
    34  twenty-five.
    35    § 4. Subdivision 3 of section 489-dddddd of the real property tax law,
    36  as amended by section 26 of part E of chapter 61 of the laws of 2017, is
    37  amended to read as follows:
    38    3.  (a)  No  benefits  pursuant  to  this  title  shall be granted for
    39  construction work performed pursuant to a building permit  issued  after
    40  April first, two thousand [twenty-two] twenty-five.
    41    (b)  If  no building permit was required, then no benefits pursuant to
    42  this title shall be granted for  construction  work  that  is  commenced
    43  after April first, two thousand [twenty-two] twenty-five.
    44    § 5. Subdivision 1 of section 489-eeeeee of the real property tax law,
    45  as  amended  by  chapter  28  of  the laws of 2011, is amended and a new
    46  subdivision 4 is added to read as follows:
    47    1. Continuing use. For the duration of the benefit period, the recipi-
    48  ent of benefits shall file biennially with the department, on or  before
    49  the  appropriate  taxable status date, a statement of the continuing use
    50  of such property and any changes in use that  have  occurred,  provided,
    51  however,  that any recipient of benefits receiving benefits for property
    52  defined as a peaking unit shall file such statement  biannually.    Such
    53  filings  shall include a statement that the recipient has not been found
    54  by a competent authority, agency or court to have violated state,  city,
    55  or  municipal  business  regulations or ordinances related to payment of
    56  taxes, payment of wages, or fraudulent  representation  to  governmental

        S. 7506--B                         301                        A. 9506--B
 
     1  entities.    This statement shall be in a form determined by the depart-
     2  ment and may  be  in  any  format  the  department  determines,  in  its
     3  discretion,  is appropriate, including electronic format. The department
     4  shall have authority to terminate such benefits upon failure of a recip-
     5  ient  to file such statement by the appropriate taxable status date. The
     6  burden of proof shall be on the recipient to establish continuing eligi-
     7  bility for benefits and the  department  shall  have  the  authority  to
     8  require that statements filed under this subdivision be certified.
     9    4. Business operation data. A recipient shall biennially file a report
    10  with  the  department, on or before the appropriate taxable status date,
    11  regarding certain business operation data relating  to  the  recipient's
    12  economic  impact  and  outcomes  for the duration of the benefit period,
    13  provided, however, that any recipient of benefits for  property  defined
    14  as  a  peaking  unit  shall  file such statement biannually. Such report
    15  shall contain information including, but not limited to,  tenancy  data,
    16  information  regarding  employment  creation  and  job retention and any
    17  other information deemed relevant by the department.
    18    § 6. Section 489-iiiiii of the real property  tax  law,  as  added  by
    19  chapter 119 of the laws of 2008, is amended to read as follows:
    20    §  489-iiiiii.  Code violations; suspension, termination or revocation
    21  of benefits. 1. [A local law enacted pursuant to this title may  provide
    22  that  abatement]  Abatement  benefits  shall be suspended, terminated or
    23  revoked if the recipient is found to have failed to cure  violations  of
    24  [the]  applicable  building, fire, or air pollution control codes on the
    25  property for which benefits have been granted[.  Such  local  law  shall
    26  define  the circumstances where benefits may be suspended, terminated or
    27  revoked and provide procedures for benefit  suspension,  termination  or
    28  revocation]  or  any  state,  city, or municipal business regulations or
    29  ordinances in a manner specified by local law or  ordinance  related  to
    30  payment  of  taxes,  payment  of  wages, or fraudulent representation to
    31  governmental entities.
    32    2. Abatement benefits shall be suspended, terminated or revoked if the
    33  recipient is found to have violated any provision of article fifteen  of
    34  the executive law by a competent authority, agency or court.
    35    3.  All taxes plus interest required to be paid retroactively pursuant
    36  to this title shall constitute a tax lien as of the date  it  is  deter-
    37  mined  such  taxes  and  interest are owed. Interest shall be calculated
    38  from the date the taxes would  have  been  due  but  for  the  abatement
    39  claimed pursuant to this title at the interest rate imposed by such city
    40  for non-payment of property tax.
    41    § 7. Subdivision 2 of section 489-jjjjjj of the real property tax law,
    42  as  added  by  chapter  119  of  the laws of 2008, is amended to read as
    43  follows:
    44    2. An application, certificate, report or other document delivered  by
    45  an  applicant  or  recipient  hereunder  contains  a false or misleading
    46  statement as to a material fact or omits  to  state  any  material  fact
    47  necessary  to  make  the  statements  not  false  or misleading, and may
    48  declare any applicant or recipient who makes such  false  or  misleading
    49  statement  or  omission  ineligible  for  future tax abatements for this
    50  property or another property; or
    51    3. A recipient is found to have failed to cure any violation of state,
    52  city, or municipal business regulations or ordinances related to payment
    53  of taxes, payment of wages, or fraudulent representation to governmental
    54  entities.

        S. 7506--B                         302                        A. 9506--B
 
     1    § 8. Paragraph 1 of subdivision a of section 11-271 of the administra-
     2  tive code of the city of New York, as amended by section 27 of part E of
     3  chapter 61 of the laws of 2017, is amended to read as follows:
     4    (1)  Application  for benefits pursuant to this part may be made imme-
     5  diately following the effective date of the local law  that  added  this
     6  section  and  continuing  until  March  first, two thousand [twenty-two]
     7  twenty-five.
     8    § 9. Subdivision c of section 11-271 of the administrative code of the
     9  city of New York, as amended by section 28 of part E of  chapter  61  of
    10  the laws of 2017, is amended to read as follows:
    11    c.  (1)  No  benefits  pursuant  to  this  part  shall  be granted for
    12  construction work performed pursuant to a building permit  issued  after
    13  April first, two thousand [twenty-two] twenty-five.
    14    (2)  If  no building permit was required, then no benefits pursuant to
    15  this part shall be granted for construction work that is commenced after
    16  April first, two thousand [twenty-two] twenty-five.
    17    § 10. This act shall take effect immediately;  provided  that  section
    18  one  of  this  act  shall apply to projects for which the first building
    19  permit is issued after July 1, 2020 or if no  permit  is  required,  for
    20  which construction commences after July 1, 2020.
 
    21                                   PART TT
 
    22    Section  1.  Section  2-122-a of the election law is amended by adding
    23  two new subdivisions 13 and 14 to read as follows:
    24    13. Notwithstanding any inconsistent provision of law to the contrary,
    25  prior to forty-five days before the actual date of a presidential prima-
    26  ry election, if a candidate for office of the president  of  the  United
    27  States  who  is otherwise eligible to appear on the presidential primary
    28  ballot to provide for the election of  delegates  to  a  national  party
    29  convention  or  a national party conference in any presidential election
    30  year, publicly announces that they are no longer seeking the  nomination
    31  for  the  office  of president of the United States, or if the candidate
    32  publicly  announces  that  they  are  terminating  or  suspending  their
    33  campaign,  or  if  the  candidate  sends  a letter to the state board of
    34  elections indicating they no longer wish to appear on  the  ballot,  the
    35  state  board  of elections may determine by such date that the candidate
    36  is no longer eligible and omit said candidate from the ballot; provided,
    37  however, that for any candidate of a major political party, such  deter-
    38  mination shall be solely made by the commissioners of the state board of
    39  elections  who  have  been appointed on the recommendation of such poli-
    40  tical party or the legislative leaders of such political party,  and  no
    41  other  commissioner of the state board of elections shall participate in
    42  such determination.
    43    14. Notwithstanding any inconsistent provision of law, candidates  for
    44  delegates  and/or  alternate  delegates who are pledged to candidates of
    45  the office of president of the  United  States  who  have  been  omitted
    46  pursuant  to  subdivision thirteen of this section shall also be omitted
    47  from the certificate required by section 4-110 of  this  chapter  and/or
    48  shall  be  determined to not be a candidate pursuant to section 4-114 of
    49  this chapter. Upon a timely determination of the state board pursuant to
    50  subdivision thirteen of this section any prior  certification  shall  be
    51  amended forthwith. There shall be no substitution of any candidate omit-
    52  ted  pursuant  to  subdivision thirteen of this section or this subdivi-
    53  sion.

        S. 7506--B                         303                        A. 9506--B
 
     1    § 2. This act shall take effect immediately  provided,  however,  that
     2  the  amendments  to  section 2-122-a of the election law made by section
     3  one of this act shall not affect the repeal of such section and shall be
     4  repealed therewith.
 
     5                                   PART UU
 
     6    Section 1. Subdivision 3-a of section 500.10 of the criminal procedure
     7  law,  as  added  by section 1-e of part JJJ of chapter 59 of the laws of
     8  2019, is amended and a new subdivision 3-b is added to read as follows:
     9    3-a. "Release under non-monetary conditions." A court releases a prin-
    10  cipal under non-monetary conditions when, having acquired control over a
    11  person, it authorizes the person to be at liberty during the pendency of
    12  the criminal action or proceeding involved under conditions  ordered  by
    13  the  court,  which  shall  be the least restrictive conditions that will
    14  reasonably assure the principal's return to court and reasonably  assure
    15  the  principal's compliance with court conditions. A principal shall not
    16  be required to pay for any part of the cost of release  on  non-monetary
    17  conditions.  Such conditions may include, among other conditions reason-
    18  able under the circumstances:
    19    (a) that the principal be in contact with a pretrial  services  agency
    20  serving principals in that county;
    21    (b)  that the principal abide by reasonable, specified restrictions on
    22  travel that are reasonably related to an actual risk of flight from  the
    23  jurisdiction, or that the principal surrender his or her passport;
    24    (c)  that the principal refrain from possessing a firearm, destructive
    25  device or other dangerous weapon;
    26    (d) that, when it is shown pursuant to  subdivision  four  of  section
    27  510.45  of  this  title  that no other realistic [monetary] non-monetary
    28  condition or set of non-monetary conditions will suffice  to  reasonably
    29  assure  the person's return to court, the person be placed in reasonable
    30  pretrial supervision with a pretrial services agency serving  principals
    31  in that county;
    32    (e)  that  the principal refrain from associating with certain persons
    33  who are connected with the instant charge, including, when  appropriate,
    34  specified victims, witnesses, or co-defendants;
    35    (f)  that  the principal be referred to a pretrial services agency for
    36  placement in mandatory programming, including counseling, treatment, and
    37  intimate partner violence intervention programs. Where  applicable,  the
    38  court  may  direct  the  principal  be removed to a hospital pursuant to
    39  section 9.43 of the mental hygiene law;
    40    (g) that the principal make diligent efforts to  maintain  employment,
    41  housing, or enrollment in school or educational programming;
    42    (h)  that  the  principal  obey  an  order of protection issued by the
    43  court, including an order issued pursuant  to  section  530.11  of  this
    44  title;
    45    (i)  that  the principal obey conditions set by the court addressed to
    46  the safety of a victim of a family offense as defined in section  530.11
    47  of this title including conditions that may be requested by or on behalf
    48  of the victim; and
    49    (j)  that,  when  it is shown pursuant to paragraph (a) of subdivision
    50  four of section 510.40 of this title that no other  realistic  non-mone-
    51  tary condition or set of non-monetary conditions will suffice to reason-
    52  ably assure the principal's return to court, the principal's location be
    53  monitored  with  an approved electronic monitoring device, in accordance
    54  with such subdivision four of section 510.40 of this title. [A principal

        S. 7506--B                         304                        A. 9506--B

     1  shall not be required to pay for any part of  the  cost  of  release  on
     2  non-monetary conditions.]
     3    3-b. Subdivision three-a of this section presents a non-exclusive list
     4  of  conditions  that may be considered and imposed by law, singularly or
     5  in combination, when reasonable under the circumstances of  the  defend-
     6  ant,  the  case,  and the situation of the defendant. The court need not
     7  necessarily order one or more specific conditions first before  ordering
     8  one or more or additional conditions.
     9    § 2. Subdivision 4 of section 510.10 of the criminal procedure law, as
    10  added  by  section  2  of part JJJ of chapter 59 of the laws of 2019, is
    11  amended to read as follows:
    12    4. Where the principal stands charged with a qualifying  offense,  the
    13  court, unless otherwise prohibited by law, may in its discretion release
    14  the principal pending trial on the principal's own recognizance or under
    15  non-monetary  conditions,  fix  bail, or, where the defendant is charged
    16  with a qualifying offense which is a felony, the court  may  commit  the
    17  principal to the custody of the sheriff. A principal stands charged with
    18  a qualifying offense for the purposes of this subdivision when he or she
    19  stands charged with:
    20    (a)  a felony enumerated in section 70.02 of the penal law, other than
    21  [burglary in the second degree as defined in subdivision two of  section
    22  140.25  of  the penal law or] robbery in the second degree as defined in
    23  subdivision one of section 160.10 of the penal law,  provided,  however,
    24  that  burglary  in  the  second  degree as defined in subdivision two of
    25  section 140.25 of the penal law shall be a qualifying offense only where
    26  the defendant is charged with entering the living area of the dwelling;
    27    (b) a crime involving witness intimidation under section 215.15 of the
    28  penal law;
    29    (c) a crime involving witness tampering under section  215.11,  215.12
    30  or 215.13 of the penal law;
    31    (d)  a class A felony defined in the penal law[, other than in article
    32  two hundred twenty of such law with the exception of section  220.77  of
    33  such  law], provided that for class A felonies under article two hundred
    34  twenty of the penal law, only class A-I felonies shall be  a  qualifying
    35  offense;
    36    (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
    37  the  penal  law, or a felony sex offense defined in section 70.80 of the
    38  penal law, or a crime involving incest as  defined  in  section  255.25,
    39  255.26  or  255.27  of such law, or a misdemeanor defined in article one
    40  hundred thirty of such law;
    41    (f) conspiracy in the second degree as defined in  section  105.15  of
    42  the  penal  law,  where the underlying allegation of such charge is that
    43  the defendant conspired to commit a class A felony  defined  in  article
    44  one hundred twenty-five of the penal law;
    45    (g)  money  laundering  in support of terrorism in the first degree as
    46  defined in section 470.24 of the penal law; money laundering in  support
    47  of  terrorism  in  the second degree as defined in section 470.23 of the
    48  penal law; money laundering in support of terrorism in the third  degree
    49  as  defined  in  section  470.22  of  the penal law; money laundering in
    50  support of terrorism in the fourth degree as defined in  section  470.21
    51  of  the  penal law; or a felony crime of terrorism as defined in article
    52  four hundred ninety of the penal law, other than the  crime  defined  in
    53  section 490.20 of such law;
    54    (h)  criminal  contempt in the second degree as defined in subdivision
    55  three of section 215.50 of the penal law, criminal contempt in the first
    56  degree as defined in subdivision (b), (c) or (d) of  section  215.51  of

        S. 7506--B                         305                        A. 9506--B
 
     1  the  penal  law  or  aggravated  criminal contempt as defined in section
     2  215.52 of the penal law, and the underlying allegation of such charge of
     3  criminal contempt in the second degree, criminal contempt in  the  first
     4  degree  or aggravated criminal contempt is that the defendant violated a
     5  duly served order of protection where the protected party is a member of
     6  the defendant's same family or household as defined in  subdivision  one
     7  of section 530.11 of this [article] title; [or]
     8    (i)  facilitating  a  sexual  performance by a child with a controlled
     9  substance or alcohol as defined in section 263.30 of the penal law,  use
    10  of  a  child in a sexual performance as defined in section 263.05 of the
    11  penal law or luring a child as defined in  subdivision  one  of  section
    12  120.70  of  the  penal law, promoting an obscene sexual performance by a
    13  child as defined in section 263.10 of the penal law or promoting a sexu-
    14  al performance by a child as defined in section 263.15 of the penal law;
    15    (j) any crime that is alleged to have  caused  the  death  of  another
    16  person;
    17    (k)  criminal obstruction of breathing or blood circulation as defined
    18  in section 121.11 of the penal law, strangulation in the  second  degree
    19  as  defined  in section 121.12 of the penal law or unlawful imprisonment
    20  in the first degree as defined in section 135.10 of the penal  law,  and
    21  is alleged to have committed the offense against a member of the defend-
    22  ant's  same family or household as defined in subdivision one of section
    23  530.11 of this title;
    24    (l) aggravated vehicular assault as defined in section 120.04-a of the
    25  penal law or vehicular assault in the first degree as defined in section
    26  120.04 of the penal law;
    27    (m) assault in the third degree as defined in section  120.00  of  the
    28  penal  law  or arson in the third degree as defined in section 150.10 of
    29  the penal law, when such crime is charged as a hate crime as defined  in
    30  section 485.05 of the penal law;
    31    (n)  aggravated  assault  upon  a person less than eleven years old as
    32  defined in section 120.12 of the penal law or criminal possession  of  a
    33  weapon  on  school  grounds  as defined in section 265.01-a of the penal
    34  law;
    35    (o) grand larceny in the first degree as defined in section 155.42  of
    36  the penal law, enterprise corruption as defined in section 460.20 of the
    37  penal law, or money laundering in the first degree as defined in section
    38  470.20 of the penal law;
    39    (p)  failure  to  register  as  a sex offender pursuant to section one
    40  hundred sixty-eight-t of the correction law or endangering  the  welfare
    41  of  a child as defined in subdivision one of section 260.10 of the penal
    42  law, where the defendant is  required  to  maintain  registration  under
    43  article  six-C of the correction law and designated a level three offen-
    44  der pursuant to subdivision six of section one hundred sixty-eight-l  of
    45  the correction law;
    46    (q)  a  crime  involving  bail jumping under section 215.55, 215.56 or
    47  215.57 of the penal law, or a  crime  involving  escaping  from  custody
    48  under section 205.05, 205.10 or 205.15 of the penal law;
    49    (r)  any  felony  offense  committed  by the principal while serving a
    50  sentence of probation or while released to post release supervision;
    51    (s) a felony, where the defendant qualifies  for  sentencing  on  such
    52  charge  as a persistent felony offender pursuant to section 70.10 of the
    53  penal law; or
    54    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    55  able  person or property, where such charge arose from conduct occurring
    56  while the defendant was released on  his  or  her  own  recognizance  or

        S. 7506--B                         306                        A. 9506--B
 
     1  released  under  conditions for a separate felony or class A misdemeanor
     2  involving harm to an identifiable person or property, provided, however,
     3  that the prosecutor must show  reasonable  cause  to  believe  that  the
     4  defendant  committed the instant crime and any underlying crime. For the
     5  purposes of this subparagraph, any of the underlying crimes need not  be
     6  a qualifying offense as defined in this subdivision.
     7    §  3. Paragraph (b) of subdivision 1 of section 530.20 of the criminal
     8  procedure law, as added by section 16 of part JJJ of chapter 59  of  the
     9  laws of 2019, is amended to read as follows:
    10    (b)  Where the principal stands charged with a qualifying offense, the
    11  court, unless otherwise prohibited by law, may in its discretion release
    12  the principal pending trial on the principal's own recognizance or under
    13  non-monetary conditions, fix bail, or, where the  defendant  is  charged
    14  with  a  qualifying  offense which is a felony, the court may commit the
    15  principal to the custody of the sheriff. The  court  shall  explain  its
    16  choice of release, release with conditions, bail or remand on the record
    17  or in writing. A principal stands charged with a qualifying offense when
    18  he or she stands charged with:
    19    (i)  a felony enumerated in section 70.02 of the penal law, other than
    20  [burglary in the second degree as defined in subdivision two of  section
    21  140.25  of  the penal law or] robbery in the second degree as defined in
    22  subdivision one of section 160.10 of the penal law,  provided,  however,
    23  that  burglary  in  the  second  degree as defined in subdivision two of
    24  section 140.25 of the penal law shall be a qualifying offense only where
    25  the defendant is charged with entering the living area of the dwelling;
    26    (ii) a crime involving witness intimidation under  section  215.15  of
    27  the penal law;
    28    (iii) a crime involving witness tampering under section 215.11, 215.12
    29  or 215.13 of the penal law;
    30    (iv) a class A felony defined in the penal law, [other than in article
    31  two  hundred  twenty of such law with the exception of section 220.77 of
    32  such law] provided, that for class A felonies under article two  hundred
    33  twenty  of  such  law,  only  class  A-I  felonies shall be a qualifying
    34  offense;
    35    (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
    36  the penal law, or a felony sex offense defined in section 70.80  of  the
    37  penal  law  or  a  crime  involving incest as defined in section 255.25,
    38  255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
    39  hundred thirty of such law;
    40    (vi)  conspiracy  in the second degree as defined in section 105.15 of
    41  the penal law, where the underlying allegation of such  charge  is  that
    42  the  defendant  conspired  to commit a class A felony defined in article
    43  one hundred twenty-five of the penal law;
    44    (vii) money laundering in support of terrorism in the first degree  as
    45  defined  in section 470.24 of the penal law; money laundering in support
    46  of terrorism in the second degree as defined in section  470.23  of  the
    47  penal  law; money laundering in support of terrorism in the third degree
    48  as defined in section 470.22 of  the  penal  law;  money  laundering  in
    49  support  of  terrorism in the fourth degree as defined in section 470.21
    50  of the penal law; or a felony crime of terrorism as defined  in  article
    51  four  hundred  ninety  of the penal law, other than the crime defined in
    52  section 490.20 of such law;
    53    (viii) criminal contempt in the second degree as defined  in  subdivi-
    54  sion  three of section 215.50 of the penal law, criminal contempt in the
    55  first degree as defined in subdivision (b), (c) or (d) of section 215.51
    56  of the penal law or aggravated criminal contempt as defined  in  section

        S. 7506--B                         307                        A. 9506--B
 
     1  215.52 of the penal law, and the underlying allegation of such charge of
     2  criminal  contempt  in the second degree, criminal contempt in the first
     3  degree or aggravated criminal contempt is that the defendant violated  a
     4  duly served order of protection where the protected party is a member of
     5  the  defendant's  same family or household as defined in subdivision one
     6  of section 530.11 of this article; [or]
     7    (ix) facilitating a sexual performance by a child  with  a  controlled
     8  substance  or alcohol as defined in section 263.30 of the penal law, use
     9  of a child in a sexual performance as defined in section 263.05  of  the
    10  penal  law  or  luring  a child as defined in subdivision one of section
    11  120.70 of the penal law, promoting an obscene sexual  performance  by  a
    12  child as defined in section 263.10 of the penal law or promoting a sexu-
    13  al performance by a child as defined in section 263.15 of the penal law;
    14    (x)  any  crime  that  is  alleged to have caused the death of another
    15  person;
    16    (xi) criminal obstruction of breathing or blood circulation as defined
    17  in section 121.11 of the penal law, strangulation in the  second  degree
    18  as  defined  in section 121.12 of the penal law or unlawful imprisonment
    19  in the first degree as defined in section 135.10 of the penal  law,  and
    20  is alleged to have committed the offense against a member of the defend-
    21  ant's  same family or household as defined in subdivision one of section
    22  530.11 of this article;
    23    (xii) aggravated vehicular assault as defined in section  120.04-a  of
    24  the  penal  law  or  vehicular assault in the first degree as defined in
    25  section 120.04 of the penal law;
    26    (xiii) assault in the third degree as defined in section 120.00 of the
    27  penal law or arson in the third degree as defined in section  150.10  of
    28  the  penal law, when such crime is charged as a hate crime as defined in
    29  section 485.05 of the penal law;
    30    (xiv) aggravated assault upon a person less than eleven years  old  as
    31  defined  in  section 120.12 of the penal law or criminal possession of a
    32  weapon on school grounds as defined in section  265.01-a  of  the  penal
    33  law;
    34    (xv) grand larceny in the first degree as defined in section 155.42 of
    35  the penal law, enterprise corruption as defined in section 460.20 of the
    36  penal law, or money laundering in the first degree as defined in section
    37  470.20 of the penal law;
    38    (xvi)  failure  to  register as a sex offender pursuant to section one
    39  hundred sixty-eight-t of the correction law or endangering  the  welfare
    40  of  a child as defined in subdivision one of section 260.10 of the penal
    41  law, where the defendant is  required  to  maintain  registration  under
    42  article  six-C of the correction law and designated a level three offen-
    43  der pursuant to subdivision six of section one hundred sixty-eight-l  of
    44  the correction law;
    45    (xvii)  a crime involving bail jumping under section 215.55, 215.56 or
    46  215.57 of the penal law, or a  crime  involving  escaping  from  custody
    47  under section 205.05, 205.10 or 205.15 of the penal law;
    48    (xviii)  any felony offense committed by the principal while serving a
    49  sentence of probation or while released to post release supervision;
    50    (xix) a felony, where the defendant qualifies for sentencing  on  such
    51  charge  as a persistent felony offender pursuant to section 70.10 of the
    52  penal law; or
    53    (xx) any felony or class A misdemeanor involving harm to an  identifi-
    54  able  person or property, where such charge arose from conduct occurring
    55  while the defendant was released on  his  or  her  own  recognizance  or
    56  released  under  conditions for a separate felony or class A misdemeanor

        S. 7506--B                         308                        A. 9506--B
 
     1  involving harm to an identifiable person or property, provided, however,
     2  that the prosecutor must show  reasonable  cause  to  believe  that  the
     3  defendant  committed the instant crime and any underlying crime. For the
     4  purposes  of this subparagraph, any of the underlying crimes need not be
     5  a qualifying offense as defined in this subdivision.
     6    § 4. Subdivision 4 of section 530.40 of the criminal procedure law, as
     7  added by section 18 of part JJJ of chapter 59 of the laws  of  2019,  is
     8  amended to read as follows:
     9    4.  Where  the principal stands charged with a qualifying offense, the
    10  court, unless otherwise prohibited by law, may in its discretion release
    11  the principal pending trial on the principal's own recognizance or under
    12  non-monetary conditions, fix bail, or, where the  defendant  is  charged
    13  with  a  qualifying  offense which is a felony, the court may commit the
    14  principal to the custody of the sheriff. The  court  shall  explain  its
    15  choice of release, release with conditions, bail or remand on the record
    16  or  in writing. A principal stands charged with a qualifying offense for
    17  the purposes of this subdivision when he or she stands charged with:
    18    (a) a felony enumerated in section 70.02 of the penal law, other  than
    19  [burglary  in the second degree as defined in subdivision two of section
    20  140.25 of the penal law or] robbery in the second degree as  defined  in
    21  subdivision  one  of section 160.10 of the penal law, provided, however,
    22  that burglary in the second degree as  defined  in  subdivision  two  of
    23  section 140.25 of the penal law shall be a qualifying offense only where
    24  the defendant is charged with entering the living area of the dwelling;
    25    (b) a crime involving witness intimidation under section 215.15 of the
    26  penal law;
    27    (c)  a  crime involving witness tampering under section 215.11, 215.12
    28  or 215.13 of the penal law;
    29    (d) a class A felony defined in the penal law, [other than in  article
    30  two  hundred  twenty of such law with the exception of section 220.77 of
    31  such law] provided that for class A felonies under article  two  hundred
    32  twenty  of  such  law,  only  class  A-I  felonies shall be a qualifying
    33  offense;
    34    (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
    35  the penal law, or a felony sex offense defined in section 70.80  of  the
    36  penal  law  or  a  crime  involving incest as defined in section 255.25,
    37  255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
    38  hundred thirty of such law;
    39    (f)  conspiracy  in  the second degree as defined in section 105.15 of
    40  the penal law, where the underlying allegation of such  charge  is  that
    41  the  defendant  conspired  to commit a class A felony defined in article
    42  one hundred twenty-five of the penal law;
    43    (g) money laundering in support of terrorism in the  first  degree  as
    44  defined  in section 470.24 of the penal law; money laundering in support
    45  of terrorism in the second degree as defined in section  470.23  of  the
    46  penal  law; money laundering in support of terrorism in the third degree
    47  as defined in section 470.22 of  the  penal  law;  money  laundering  in
    48  support  of  terrorism in the fourth degree as defined in section 470.21
    49  of the penal law; or a felony crime of terrorism as defined  in  article
    50  four  hundred  ninety  of the penal law, other than the crime defined in
    51  section 490.20 of such law;
    52    (h) criminal contempt in the second degree as defined  in  subdivision
    53  three of section 215.50 of the penal law, criminal contempt in the first
    54  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
    55  the penal law or aggravated criminal  contempt  as  defined  in  section
    56  215.52 of the penal law, and the underlying allegation of such charge of

        S. 7506--B                         309                        A. 9506--B
 
     1  criminal  contempt  in the second degree, criminal contempt in the first
     2  degree or aggravated criminal contempt is that the defendant violated  a
     3  duly served order of protection where the protected party is a member of
     4  the  defendant's  same family or household as defined in subdivision one
     5  of section 530.11 of this article; [or]
     6    (i) facilitating a sexual performance by a  child  with  a  controlled
     7  substance  or alcohol as defined in section 263.30 of the penal law, use
     8  of a child in a sexual performance as defined in section 263.05  of  the
     9  penal  law  or  luring  a child as defined in subdivision one of section
    10  120.70 of the penal law, promoting an obscene sexual  performance  by  a
    11  child as defined in section 263.10 of the penal law or promoting a sexu-
    12  al performance by a child as defined in section 263.15 of the penal law;
    13    (j)  any  crime  that  is  alleged to have caused the death of another
    14  person;
    15    (k) criminal obstruction of breathing or blood circulation as  defined
    16  in  section  121.11 of the penal law, strangulation in the second degree
    17  as defined in section 121.12 of the penal law or  unlawful  imprisonment
    18  in  the  first degree as defined in section 135.10 of the penal law, and
    19  is alleged to have committed the offense against a member of the defend-
    20  ant's same family or household as defined in subdivision one of  section
    21  530.11 of this article;
    22    (l) aggravated vehicular assault as defined in section 120.04-a of the
    23  penal law or vehicular assault in the first degree as defined in section
    24  120.04 of the penal law;
    25    (m)  assault  in  the third degree as defined in section 120.00 of the
    26  penal law or arson in the third degree as defined in section  150.10  of
    27  the  penal law, when such crime is charged as a hate crime as defined in
    28  section 485.05 of the penal law;
    29    (n) aggravated assault upon a person less than  eleven  years  old  as
    30  defined  in  section 120.12 of the penal law or criminal possession of a
    31  weapon on school grounds as defined in section  265.01-a  of  the  penal
    32  law;
    33    (o)  grand larceny in the first degree as defined in section 155.42 of
    34  the penal law, enterprise corruption as defined in section 460.20 of the
    35  penal law, or money laundering in the first degree as defined in section
    36  470.20 of the penal law;
    37    (p) failure to register as a sex  offender  pursuant  to  section  one
    38  hundred  sixty-eight-t  of the correction law or endangering the welfare
    39  of a child as defined in subdivision one of section 260.10 of the  penal
    40  law,  where  the  defendant  is  required to maintain registration under
    41  article six-C of the correction law and designated a level three  offen-
    42  der  pursuant to subdivision six of section one hundred sixty-eight-l of
    43  the correction law;
    44    (q) a crime involving bail jumping under  section  215.55,  215.56  or
    45  215.57  of  the  penal  law,  or a crime involving escaping from custody
    46  under section 205.05, 205.10 or 205.15 of the penal law;
    47    (r) any felony offense committed by  the  principal  while  serving  a
    48  sentence of probation or while released to post release supervision;
    49    (s)  a  felony,  where  the defendant qualifies for sentencing on such
    50  charge as a persistent felony offender pursuant to section 70.10 of  the
    51  penal law; or
    52    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    53  able person or property, where such charge arose from conduct  occurring
    54  while  the  defendant  was  released  on  his or her own recognizance or
    55  released under conditions for a separate felony or class  A  misdemeanor
    56  involving harm to an identifiable person or property, provided, however,

        S. 7506--B                         310                        A. 9506--B
 
     1  that  the  prosecutor  must  show  reasonable  cause to believe that the
     2  defendant committed the instant crime and any underlying crime. For  the
     3  purposes  of this subparagraph, any of the underlying crimes need not be
     4  a qualifying offense as defined in this subdivision.
     5    §  5.  Section  216  of  the  judiciary law is amended by adding a new
     6  subdivision 5 to read as follows:
     7    5. The chief administrator of the  courts,  in  conjunction  with  the
     8  division  of  criminal  justice  services, shall collect data and report
     9  every six months regarding pretrial release and detention. Such data and
    10  report shall contain  information  categorized  by  gender,  racial  and
    11  ethnic  background;  regarding  the  nature  of  the  criminal offenses,
    12  including the top charge of each case; the number and type of charges in
    13  each defendant's criminal record; the number of individuals released  on
    14  recognizance;  the number of individuals released on non-monetary condi-
    15  tions, including the  conditions  imposed;  the  number  of  individuals
    16  committed to the custody of a sheriff prior to trial; the rates of fail-
    17  ure  to  appear and rearrest; the outcome of such cases or dispositions;
    18  the length of the pretrial detention stay and any other such information
    19  as the chief administrator and the division of criminal justice services
    20  may find necessary and appropriate. Such report shall aggregate the data
    21  collected by county; court, including city, town and village courts; and
    22  judge. The data shall be disaggregated in order to protect the  identity
    23  of  individual  defendants.  The  report  shall be released publicly and
    24  published on the websites of the office of court administration and  the
    25  division  of  criminal  justice  services.  The  first  report  shall be
    26  published twelve months after this subdivision shall have become a  law,
    27  and shall include data from the first six months following the enactment
    28  of  this  section.    Reports  for subsequent periods shall be published
    29  every six months thereafter.
    30    § 6. The executive law is amended by adding a  new  section  837-u  to
    31  read as follows:
    32    §  837-u.  The  division  of criminal justice services, in conjunction
    33  with the chief administrator of  the  courts,  shall  collect  data  and
    34  report  annually regarding pretrial release and detention. Such data and
    35  report shall contain  information  categorized  by  gender,  racial  and
    36  ethnic  background;  regarding  the  nature  of  the  criminal offenses,
    37  including the top charge of each case; the number and type of charges in
    38  each defendant's criminal record; the number of individuals released  on
    39  recognizance;  the number of individuals released on non-monetary condi-
    40  tions, including the  conditions  imposed;  the  number  of  individuals
    41  committed to the custody of a sheriff prior to trial; the rates of fail-
    42  ure  to  appear and rearrest; the outcome of such cases or dispositions;
    43  whether the defendant was represented by counsel at every court  appear-
    44  ance  regarding  the  defendant's  securing  order;  the  length  of the
    45  pretrial detention stay and any other  such  information  as  the  chief
    46  administrator  and  the  division  of criminal justice services may find
    47  necessary and appropriate. Such annual report shall aggregate  the  data
    48  collected by county; court, including city, town and village courts; and
    49  judge.  The data shall be disaggregated in order to protect the identity
    50  of individual defendants. The report  shall  be  released  publicly  and
    51  published  on the websites of the office of court administration and the
    52  division of  criminal  justice  services.  The  first  report  shall  be
    53  published  eighteen  months  after this section shall have become a law,
    54  and shall include data from the first twelve months following the enact-
    55  ment of this section. Reports for subsequent years  shall  be  published
    56  annually on or before that date thereafter.

        S. 7506--B                         311                        A. 9506--B
 
     1    §  7. Paragraph (c) of subdivision 4 of section 510.40 of the criminal
     2  procedure law, as added by section 6 of part JJJ of chapter  59  of  the
     3  laws of 2019, is amended to read as follows:
     4    (c)  Electronic  monitoring  of  the  location  of  a principal may be
     5  conducted only by a public entity under the supervision and control of a
     6  county or municipality or a non-profit  entity  under  contract  to  the
     7  county,  municipality  or  the  state. A county or municipality shall be
     8  authorized to enter into a contract with another county or  municipality
     9  in  the  state  to  monitor  principals under non-monetary conditions of
    10  release in its county, but counties, municipalities and the state  shall
    11  not contract with any private for-profit entity for such purposes. Coun-
    12  ties,  municipalities and the state may contract with a private for-pro-
    13  fit entity to supply  electronic  monitoring  devices  or  other  items,
    14  provided  that  any interaction with persons under electronic monitoring
    15  or the data produced by such monitoring shall  be  conducted  solely  by
    16  employees  of  a county, municipality, the state, or a non-profit entity
    17  under contract with such county, municipality or the state.
    18    § 8. Subdivision 1 of section 150.40 of the criminal procedure law, as
    19  amended by section 1-c of part JJJ of chapter 59 of the laws of 2019, is
    20  amended to read as follows:
    21    1. An appearance ticket must be made returnable at a date as  soon  as
    22  possible,  but in no event later than twenty days from the date of issu-
    23  ance[,]; or at the next scheduled session of the appropriate local crim-
    24  inal court if such session is scheduled to occur more than  twenty  days
    25  from  the date of issuance; or at a later date, with the court's permis-
    26  sion due to enrollment  in  a  pre-arraignment  diversion  program.  The
    27  appearance  ticket  shall  be  made returnable in a local criminal court
    28  designated in section 100.55 of this title as one with which an informa-
    29  tion for the offense in question may be filed.
    30    § 9. Section 530.45 of the criminal procedure law is amended by adding
    31  a new subdivision 2-a to read as follows:
    32    2-a. Notwithstanding the provisions of  subdivision  four  of  section
    33  510.10,  paragraph (b) of subdivision one of section 530.20 and subdivi-
    34  sion four of section 530.40 of this title, when a defendant charged with
    35  an offense that is not such a qualifying offense is  convicted,  whether
    36  by  guilty  plea or verdict, in such criminal action or proceeding of an
    37  offense that is not a qualifying offense, the court may,  in  accordance
    38  with law, issue a securing order: releasing the defendant on the defend-
    39  ant's  own  recognizance  or under non-monetary conditions where author-
    40  ized, fix bail, or remand the defendant to the custody  of  the  sheriff
    41  where authorized.
    42    §  10.  The opening paragraph of section 530.50 of the criminal proce-
    43  dure law is designated subdivision 1 and a new subdivision 2 is added to
    44  read as follows:
    45    2. Notwithstanding the  provisions  of  subdivision  four  of  section
    46  510.10, paragraph (b)  of subdivision one of section 530.20 and subdivi-
    47  sion four of section 530.40 of this title, when a defendant charged with
    48  an offense that is not such a qualifying offense applies, pending deter-
    49  mination  of  an appeal, for an order of recognizance or release on non-
    50  monetary conditions, where authorized, or fixing bail, a  judge  identi-
    51  fied   in  subdivision  two  of  section  460.50  or  paragraph  (a)  of
    52  subdivision one of section 460.60 of this  chapter  may,  in  accordance
    53  with  law,  and  except  as  otherwise provided by law, issue a securing
    54  order:  releasing the defendant on the  defendant's own recognizance  or
    55  under  non-monetary conditions where authorized, fixing bail, or remand-
    56  ing the defendant to the custody of the sheriff where authorized.

        S. 7506--B                         312                        A. 9506--B
 
     1    § 11. Section 510.43 of  the  criminal  procedure  law,  as  added  by
     2  section  7  of part JJJ of chapter 59 of the laws of 2019, is amended to
     3  read as follows:
     4  § 510.43 Court appearances: additional notifications.
     5    1.  The  court  or,  upon direction of the court, a certified pretrial
     6  services agency, shall notify all principals released under non-monetary
     7  conditions and on recognizance of all court appearances  in  advance  by
     8  text  message,  telephone call, electronic mail or first class mail. The
     9  chief administrator of the courts shall, pursuant to subdivision one  of
    10  section  10.40 of this chapter, develop a form which shall be offered to
    11  the principal at court appearances. On such form, which upon  completion
    12  shall  be  retained in the court file, the principal may select one such
    13  preferred manner of notice.
    14    2. Such form may request the information necessary for  the  defendant
    15  to  be  provided  with  notice  in accordance with such single, selected
    16  manner of notice. After notice of  such  consequence,  a  defendant  who
    17  intentionally  declines  to  provide  the  information necessary for the
    18  defendant to be provided with such notice pursuant to this section shall
    19  forfeit the opportunity to  receive such notice until  such  information
    20  is  timely  provided.  Any  failure  by  the court or certified pretrial
    21  services agency to provide notice of a scheduled court appearance in the
    22  manner provided in this section shall not in and  of  itself  constitute
    23  grounds  or  authorization  for the defendant to fail to appear for such
    24  scheduled court appearance.
    25    § 12. This act shall take effect on the ninetieth day after  it  shall
    26  have become a law.
 
    27                                   PART VV
 
    28    Section  1. Subdivision 2 of section 65.10 of the penal law is amended
    29  by adding a new paragraph (k-2) to read as follows:
    30    (k-2) (i) Refrain, upon sentencing  for  a  crime  involving  unlawful
    31  sexual conduct committed against a metropolitan transportation authority
    32  passenger,  customer, or employee or a crime involving assault against a
    33  metropolitan transportation authority employee, committed in or  on  any
    34  facility or conveyance of the metropolitan transportation authority or a
    35  subsidiary  thereof  or the New York city transit authority or a subsid-
    36  iary thereof, from using or entering any of  such  authority's  subways,
    37  trains,  buses or other conveyances or facilities specified by the court
    38  for a period of up to  three  years,  or  a  specified  period  of  such
    39  probation  or  conditional discharge, whichever is less. For purposes of
    40  this section, a crime involving assault shall mean an offense  described
    41  in  article  one  hundred twenty of this chapter which has as an element
    42  the causing of physical injury or serious physical injury to another  as
    43  well as the attempt thereof.
    44    (ii)  The  court  may,  in its discretion, suspend, modify or cancel a
    45  condition imposed under this paragraph in the interest of justice at any
    46  time. If the person depends on the authority's subways,  trains,  buses,
    47  or  other  conveyances  or facilities for trips of necessity, including,
    48  but not limited to, travel to or from  medical  or  legal  appointments,
    49  school  or  training  classes  or  places of employment, obtaining food,
    50  clothing or necessary household  items,  or  rendering  care  to  family
    51  members,  the  court  may  modify  such condition to allow for a trip or
    52  trips as in its discretion are necessary.
    53    (iii) A person at liberty and subject to a condition under this  para-
    54  graph  who  applies,  within  thirty  days after the date such condition

        S. 7506--B                         313                        A. 9506--B
 
     1  becomes effective, for a refund of any  prepaid  fare  amounts  rendered
     2  unusable in whole or in part by such condition including, but not limit-
     3  ed  to,  a  monthly  pass,  shall  be  issued a refund of the amounts so
     4  prepaid.
     5    §  2.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.  Effective immediately, the metropolitan  transporta-
     7  tion  authority may adopt any rules, regulations, policies or procedures
     8  necessary to implement this act prior to the effective date of this act.
 
     9                                   PART WW
 
    10    Section 1. Legislative findings and  intent.  The  legislature  hereby
    11  finds, determines and declares the following:
    12    The  planning, development and operation of the Hudson River Park as a
    13  public park continues to be a matter of state concern and importance  to
    14  the  state. As detailed in the 1998 law creating the park and the trust,
    15  chapter 592 of the laws of 1998, the  creation,  development,  operation
    16  and  maintenance  of  the Hudson River Park will enhance and protect the
    17  natural, cultural and historic aspects of the Hudson River, enhance  and
    18  afford  quality  public  access  to  the  river,  allow  for an array of
    19  cultural and recreational programs and provide a host  of  other  public
    20  benefits. The changes to the 1998 law by this act are intended to, after
    21  decades  of  delay  and inaction, finally  effectuate the park's general
    22  project plan as defined in chapter  592  of  the  laws  of  1998,  which
    23  continues  to  be  the operative planning document guiding park develop-
    24  ment, protection and reuse of a portion of the Hudson  River  waterfront
    25  in  lower Manhattan south of 59th street, and are intended to ensure the
    26  realization of that vision and the park's continuing viability for years
    27  to come. Nothing herein is intended  to  alter  or  override  any  prior
    28  determinations concerning park planning, development or operation.
    29    § 2. Paragraph (c) of subdivision 9 of section 7 of chapter 592 of the
    30  laws  of  1998,  constituting  the  Hudson river park act, as amended by
    31  chapter 517 of the laws of 2013, is amended to read as follows:
    32    (c) [The city of New York shall use best efforts to relocate  the  tow
    33  pound on Pier 76. Subsequent to relocation of the tow pound, the city of
    34  New  York  shall  promptly  convey to the trust a possessory interest in
    35  Pier 76 consistent with such interest previously conveyed  with  respect
    36  to  other  portions of the park, provided that at least fifty percent of
    37  the Pier 76 footprint shall be used for park uses that  are  limited  to
    38  passive and active open space and which shall be contiguous to water and
    39  provided further that the remaining portion shall be for park/commercial
    40  use.  Upon  such conveyance, Pier 76 shall become part of the park.] (i)
    41  On or before July 1, 2020, the city of New  York  shall  convey  to  the
    42  state  of New York under the jurisdiction of the office of parks, recre-
    43  ation and historic preservation its interest in Pier 76, who, upon  such
    44  conveyance  shall  immediately lease a possessory interest to the trust.
    45  Upon such conveyance, Pier 76 shall become part of the  park  and  shall
    46  remain  part  of the park under the operational control of the trust and
    47  following redevelopment at least fifty percent of the Pier 76  footprint
    48  shall  be used for park uses that are limited to passive and active open
    49  space and which shall be contiguous to water; and provided further  that
    50  the remaining portion shall be for park/commercial use. (ii) The city of
    51  New  York  shall,  prior  to December 31, 2020, cease using or occupying
    52  Pier 76 for any purposes. Should the city of New York continue to use or
    53  occupy Pier 76 for any purpose subsequent to December 31, 2020, the city
    54  of New York shall (A) compensate the  trust  in  the  amount  of  twelve

        S. 7506--B                         314                        A. 9506--B
 
     1  million  dollars,  and  (B)  beginning February 1, 2021, pay fees in the
     2  amount of three million dollars for each complete or  partial  month  of
     3  occupancy.  (iii)  On  or after the effective date of the chapter of the
     4  laws  of  2020 which amended this paragraph, the trust shall be entitled
     5  to timely and reasonable access to Pier 76 for the purpose of conducting
     6  assessments and inspections necessary to further redevelopment  of  Pier
     7  76  following  its  inclusion in the park.  (iv) Beginning July 1, 2020,
     8  the city of New York shall periodically prepare and submit a  report  to
     9  the state of New York, with a copy to the trust, detailing actions taken
    10  by the city of New York to relocate the tow pound. In the event that the
    11  city  provides  demonstrable  evidence of its effort to relocate the tow
    12  pound or any other city uses of Pier 76, initiation  of  and  compliance
    13  with  land use review processes and environmental review processes, such
    14  as, issuance of a request for qualifications or  request  for  proposals
    15  for  design or construction services for the project; and initiation and
    16  completion of construction of,  and  relocation  to  a  replacement  tow
    17  pound, the state of New York, in its sole discretion, may waive the fees
    18  assessed  in  subparagraph  (iii) of this paragraph.  (v) This paragraph
    19  may be enforced by a court of competent jurisdiction  and  in  any  suit
    20  brought  by the state, through the attorney general, the trust shall not
    21  be a necessary party.
    22    § 3. This act shall take effect immediately.
 
    23                                   PART XX
 
    24    Section 1. The insurance law is amended by adding a new section 111 to
    25  read as follows:
    26    §  111.  Investigation  by  the   superintendent   with   respect   to
    27  prescription  drugs. (a) Whenever it shall appear to the superintendent,
    28  either upon complaint or otherwise, that in the advertisement,  purchase
    29  or  sale  within  this  state of any prescription drug, which is contem-
    30  plated to be paid by a policy approved by the  department  for  offering
    31  within  the state, has increased over the course of any twelve months by
    32  more than fifty percent to an amount greater than five dollars per  unit
    33  and if it is suspected that any person, partnership, corporation, compa-
    34  ny,  trust  or association, or any agent or employee thereof, shall have
    35  employed, or employs, or is about to employ any device, scheme or  arti-
    36  fice to defraud or for obtaining money or property by means of any false
    37  pretense,  representation  or  promise, or that any person, partnership,
    38  corporation, company, trust or association, or  any  agent  or  employee
    39  thereof,  shall have made, makes or attempts to make within or from this
    40  state or shall have engaged in or engages in or is about  to  engage  in
    41  any  practice  or  transaction  or  course  of  business relating to the
    42  purchase, exchange, or sale of prescription drugs which is fraudulent or
    43  in violation of law and which has operated or which would operate  as  a
    44  fraud  upon  the  purchaser,  or that any agent or employee thereof, has
    45  sold or offered for sale or is attempting to sell  or  is  offering  for
    46  sale  any  prescription  drug  for  which  the price has increased fifty
    47  percent over the prior calendar year to  an  amount  greater  than  five
    48  dollars per unit, and the superintendent believes it to be in the public
    49  interest  that  an  investigation  be  made, he or she may in their sole
    50  discretion either require or permit  such  person,  partnership,  corpo-
    51  ration, company, trust or association, or any agent or employee thereof,
    52  to  file with the department a statement in writing under oath or other-
    53  wise as to all the facts and circumstances concerning the price increase
    54  which he or she believes it to be in the public interest to investigate,

        S. 7506--B                         315                        A. 9506--B
 
     1  and for that purpose may prescribe  forms  upon  which  such  statements
     2  shall  be  made. The superintendent may also require such other data and
     3  information as he or she may deem relevant and may make such special and
     4  independent investigations as he or she may deem necessary in connection
     5  with the matter.
     6    (b) In addition to any other power granted by law, the superintendent,
     7  his  or  her deputy or other officer designated by the superintendent is
     8  empowered to subpoena witnesses, compel their attendance,  examine  them
     9  under oath and require the production of any books or papers which he or
    10  she  deems  relevant or material to the inquiry.  Such power of subpoena
    11  shall be enforced as though the subpoena were issued under section three
    12  hundred six of the financial services law.
    13    (c) If any person, partnership, corporation, company, trust or associ-
    14  ation, fails to submit a written statement required by  the  superinten-
    15  dent  under  subsection  (a)  of  this section or fails to comply with a
    16  subpoena issued pursuant to subsection (b) of this section,  the  super-
    17  intendent  may,  after notice and a hearing, levy a civil penalty not to
    18  exceed to one thousand dollars per day that the failure continues.
    19    (d) Notwithstanding any law to the contrary, any information  obtained
    20  in  an  investigation under this section shall be confidential and shall
    21  not be subject to disclosure  by  the  department  except  to  the  drug
    22  accountability  board,  which  may review the information and, as neces-
    23  sary, include any such information in its report. The superintendent may
    24  also disclose any such information necessary to protect the public,  but
    25  such  disclosures  shall  to the greatest extent possible not identify a
    26  specific manufacturer or prices charged for drugs by such manufacturer.
    27    § 2. The insurance law is amended by adding a new section 202 to  read
    28  as follows:
    29    §  202. Drug accountability board. (a) A nine member drug accountabil-
    30  ity board is hereby created in the department.
    31    (b) The members of the board shall be appointed by the superintendent,
    32  provided however that one member shall be appointed at the suggestion of
    33  the temporary president of the senate and one member shall be  appointed
    34  at  the  suggestion  of  the  speaker of the assembly, and shall serve a
    35  three-year term. Members may be reappointed upon the completion of other
    36  terms. In making appointments to the board the superintendent shall give
    37  consideration to persons:
    38    (1) licensed and actively engaged in the practice of medicine  in  the
    39  state;
    40    (2) licensed and actively practicing in pharmacy in the state;
    41    (3)  with  expertise  in  drug  utilization review who are health care
    42  professionals licensed under title eight of the education  law  and  who
    43  are pharmacologists;
    44    (4)  that  are  consumers or consumer representatives of organizations
    45  with a regional or statewide constituency and who have been involved  in
    46  activities related to health care consumer advocacy;
    47    (5) who are health care economists;
    48    (6) who are actuaries; and
    49    (7) who are experts from the department of health.
    50    (c) The superintendent shall designate a person from the department to
    51  serve as chairperson of the board.
    52    (d)  Members  of the board and all its agents shall be deemed to be an
    53  "employee" for purposes of section seventeen of the public officers law.
    54    (e) (1) The department shall have  authority  on  all  fiscal  matters
    55  relating to the board.

        S. 7506--B                         316                        A. 9506--B
 
     1    (2) The board may utilize or request assistance of any state agency or
     2  authority subject to the approval of the superintendent.
     3    (f)  (1) Whenever the superintendent determines it would aid an inves-
     4  tigation under section one hundred eleven of this  chapter,  the  super-
     5  intendent  shall  refer  a  drug to the board for a report thereon to be
     6  prepared.
     7    (2) If a drug is referred to the board under  paragraph  one  of  this
     8  subsection the board shall determine:
     9    (A) the drug's impact on the premium costs for commercial insurance in
    10  this state, and the drug's affordability and value to the public;
    11    (B)  whether increases in the price of the drug over time were signif-
    12  icant and unjustified;
    13    (C) whether the drug may be priced disproportionately to its therapeu-
    14  tic benefits; and
    15    (D) any other question the superintendent may certify to the board  in
    16  aid  of  an investigation under section one hundred eleven of this chap-
    17  ter.
    18    (3) In formulating its determinations, the board may consider:
    19    (A) publicly available information relevant  to  the  pricing  of  the
    20  drug;
    21    (B)  information supplied by the department relevant to the pricing of
    22  the drug;
    23    (C) information relating to value-based pricing;
    24    (D) the seriousness and prevalence of the disease or condition that is
    25  treated by the drug;
    26    (E) the extent of utilization of the drug;
    27    (F) the effectiveness of the drug in treating the conditions for which
    28  it is prescribed, or in improving a patient's health, quality  of  life,
    29  or overall health outcomes;
    30    (G) the likelihood that use of the drug will reduce the need for other
    31  medical care, including hospitalization;
    32    (H)  the  average  wholesale price, wholesale acquisition cost, retail
    33  price of the drug, and the cost of the  drug  to  the  Medicaid  program
    34  minus rebates received by the state;
    35    (I)  in  the  case  of  generic  drugs,  the  number of pharmaceutical
    36  manufacturers that produce the drug;
    37    (J) whether there are pharmaceutical equivalents to the drug;
    38    (K) information supplied by the manufacturer, if any,  explaining  the
    39  relationship between the pricing of the drug and the cost of development
    40  of  the  drug  and/or  the  therapeutic  benefit of the drug, or that is
    41  otherwise pertinent to the manufacturer's  pricing  decision;  any  such
    42  information  provided  shall be considered confidential and shall not be
    43  disclosed by the drug utilization review board in a form that identifies
    44  a specific manufacturer or prices charged for drugs by such  manufactur-
    45  er; and
    46    (L) information from the department of health, including from the drug
    47  utilization review board.
    48    (4)  Following  its review, the board shall report its findings to the
    49  superintendent.  Such report shall include the  determinations  required
    50  by  paragraph  two of this subsection and any other information required
    51  by the superintendent.
    52    (g) Notwithstanding any law to the contrary, the papers  and  informa-
    53  tion  considered  by the board and any report thereof shall be confiden-
    54  tial and not subject to disclosure. The superintendent, in  his  or  her
    55  sole  discretion,  may  determine that the release of the board's report
    56  would not harm an ongoing investigation  and  would  be  in  the  public

        S. 7506--B                         317                        A. 9506--B
 
     1  interest,  and  thereafter may release the report or any portion thereof
     2  to the public.
     3    (h) The superintendent may call a public hearing on the determinations
     4  of  the board, notice of such hearing shall be given to the manufacturer
     5  of the drug and shall be published on the website of the department  for
     6  not less than fifteen days before the hearing.
     7    § 3. The superintendent of financial services may promulgate any regu-
     8  lations necessary to interpret the provisions of this act, including but
     9  not  limited  to  regulations  relating  to  the  operations of the drug
    10  accountability board.
    11    § 4. This act shall take effect immediately.
 
    12                                   PART YY
 
    13    Section 1. Paragraphs 1 and 2 of subsection (a) of section 605 of  the
    14  financial  services  law, as amended by chapter 377 of the laws of 2019,
    15  are amended to read as follows:
    16    (1) When a health care plan receives a  bill  for  emergency  services
    17  from  a  non-participating  physician  or hospital, including a bill for
    18  inpatient services which follow an emergency room visit, the health care
    19  plan shall pay an amount that it determines is reasonable for the  emer-
    20  gency  services,  including inpatient services which follow an emergency
    21  room visit, rendered by the non-participating physician or hospital,  in
    22  accordance  with section three thousand two hundred twenty-four-a of the
    23  insurance law, except  for  the  insured's  co-payment,  coinsurance  or
    24  deductible,  if  any,  and  shall ensure that the insured shall incur no
    25  greater out-of-pocket costs for the emergency services, including  inpa-
    26  tient  services  which  follow an emergency room visit, than the insured
    27  would have incurred with a participating physician or hospital [pursuant
    28  to subsection (c) of section three thousand two hundred forty-one of the
    29  insurance law]. If an insured assigns benefits  to  a  non-participating
    30  physician or hospital in relation to emergency services, including inpa-
    31  tient  services  which  follow an emergency room visit, provided by such
    32  non-participating physician or hospital, the non-participating physician
    33  or hospital may bill the health care plan for the  [emergency]  services
    34  rendered.  Upon  receipt of the bill, the health care plan shall pay the
    35  non-participating physician or hospital the amount  prescribed  by  this
    36  section and any subsequent amount determined to be owed to the physician
    37  or  hospital  in  relation to the emergency services provided, including
    38  inpatient services which follow an emergency room visit.
    39    (2) A non-participating physician or hospital or a  health  care  plan
    40  may  submit a dispute regarding a fee or payment for emergency services,
    41  including inpatient services which follow an emergency room  visit,  for
    42  review to an independent dispute resolution entity.
    43    §  2.  Paragraph  1  of subsection (b) of section 605 of the financial
    44  services law, as amended by chapter 377 of the laws of 2019, is  amended
    45  to read as follows:
    46    (1)  A  patient  that is not an insured or the patient's physician may
    47  submit a dispute regarding a fee for emergency services, including inpa-
    48  tient services which follow an emergency room visit, for  review  to  an
    49  independent  dispute  resolution entity upon approval of the superinten-
    50  dent.
    51    § 3. Section 606 of the financial services law, as added by section 26
    52  of part H of chapter 60 of the laws of  2014,  is  amended  to  read  as
    53  follows:

        S. 7506--B                         318                        A. 9506--B
 
     1    §  606.  Hold harmless and assignment of benefits [for surprise bills]
     2  for insureds. (a) When an insured assigns benefits for a  surprise  bill
     3  in  writing  to  a non-participating physician that knows the insured is
     4  insured under a health care plan, the non-participating physician  shall
     5  not bill the insured except for any applicable copayment, coinsurance or
     6  deductible  that  would  be owed if the insured utilized a participating
     7  physician.
     8    (b) When an insured assigns benefits for emergency services, including
     9  inpatient services which follow an emergency room visit, to a non-parti-
    10  cipating physician or hospital that knows the insured is insured under a
    11  health care plan, the non-participating physician or hospital shall  not
    12  bill  the  insured  except  for any applicable copayment, coinsurance or
    13  deductible that would be owed if the insured  utilized  a  participating
    14  physician or hospital.
    15    §  4.  The  civil  practice  law  and rules is amended by adding a new
    16  section 213-d to read as follows:
    17    § 213-d. Actions to be commenced within three years; medical debt.  An
    18  action  on  a  medical debt by a hospital licensed under article twenty-
    19  eight of the public health law or a health care professional  authorized
    20  under  title  eight of the education law shall be commenced within three
    21  years of treatment.
    22    § 5. Subsection (j) of section 3217-b of the insurance law,  as  added
    23  by chapter 297 of the laws of 2012, is amended to read as follows:
    24    (j)  (1)  [An]  No  insurer shall [not] by contract, written policy or
    25  procedure, or by any other means, deny payment  to  a  general  hospital
    26  certified  pursuant to article twenty-eight of the public health law for
    27  a claim for medically necessary inpatient services  [resulting  from  an
    28  emergency  admission],  observation  services,  or  emergency department
    29  services provided by a general hospital solely on  the  basis  that  the
    30  general hospital did not [timely notify] comply with certain administra-
    31  tive  requirements of such insurer [that the services had been provided]
    32  with respect to those services.
    33    (2) Nothing in this subsection shall preclude a general  hospital  and
    34  an  insurer  from  agreeing to certain administrative requirements [for]
    35  relating to payment for inpatient  services,  observation  services,  or
    36  emergency  department  services,  including  but  not  limited to timely
    37  notification that medically necessary inpatient services [resulting from
    38  an emergency admission] have been provided and to reductions in  payment
    39  for failure to comply with certain administrative requirements including
    40  timely  [notify]    notification;  provided, however that: [(i)] (A) any
    41  requirement for timely notification must provide for a reasonable exten-
    42  sion of timeframes for notification for [emergency] services provided on
    43  weekends or federal holidays, [(ii)] (B)  any  agreed  to  reduction  in
    44  payment for failure to meet administrative requirements, including time-
    45  ly  [notify]  notification  shall not exceed [the lesser of two thousand
    46  dollars or twelve] seven and one-half  percent  of  the  payment  amount
    47  otherwise  due  for the services provided, and [(iii)] (C) any agreed to
    48  reduction in payment for failure  to  meet  administrative  requirements
    49  including  timely  [notify]  notification  shall  not  be imposed if the
    50  patient's insurance coverage could not be  determined  by  the  hospital
    51  after  reasonable  efforts  at  the  time  the [inpatient] services were
    52  provided.
    53    (3) The provisions of this subsection shall not apply to the denial of
    54  a claim:  (A) based on a reasonable belief by an  insurer  of  fraud  or
    55  intentional misconduct resulting in misrepresentation of patient diagno-
    56  sis or the services provided, or abusive billing; (B) when required by a

        S. 7506--B                         319                        A. 9506--B
 
     1  state or federal government program or coverage that is provided by this
     2  state or a municipality thereof to its respective employees, retirees or
     3  members;  (C)  that is a duplicate claim, that is a claim submitted late
     4  pursuant  to  subsection (g) of section thirty-two hundred twenty-four-a
     5  of this article, or is for services for a benefit that  is  not  covered
     6  under  the insured's policy or for a patient determined to be ineligible
     7  for coverage; (D) except in the case of  medically  necessary  inpatient
     8  services  resulting  from  an emergency admission, where there is not an
     9  existing participating provider   agreement between  an  insurer  and  a
    10  general hospital; or (E) where the hospital has repeatedly and systemat-
    11  ically,  over  the  previous  twelve  month period, failed to seek prior
    12  authorization for services for which prior authorization was required.
    13    (4) For purposes of this subsection, an  "administrative  requirement"
    14  shall  not  include  requirements: (A) imposed on an insurer or provider
    15  pursuant to federal or state  laws,  regulations  or  guidance;  or  (B)
    16  established  by  the  state or federal government applicable to insurers
    17  offering benefits under a state or federal government program.
    18    (5) The prohibition on denials set forth in this subsection shall  not
    19  apply  to  claims  for services for which a request for preauthorization
    20  was denied by the insurer prior to delivery of the service.
    21    § 6. Subsection (k) of section 4325 of the insurance law, as added  by
    22  chapter 297 of the laws of 2012, is amended to read as follows:
    23    (k) (1) [A] No corporation organized under this article shall [not] by
    24  written  contract,  written  policy or procedure, or by any other means,
    25  deny payment to a general hospital certified pursuant to  article  twen-
    26  ty-eight  of  the  public health law for a claim for medically necessary
    27  inpatient services [resulting from an emergency admission],  observation
    28  services,  or emergency department services provided by a general hospi-
    29  tal solely on the basis that the general hospital did not [timely  noti-
    30  fy]  comply  with  certain  administrative requirements of such [insurer
    31  that the services had been provided] corporation with respect  to  those
    32  services.
    33    (2) Nothing in this subsection shall preclude a general hospital and a
    34  corporation  from  agreeing to certain administrative requirements [for]
    35  relating to payment for inpatient  services,  observation  services,  or
    36  emergency  department  services,  including,  but  not limited to timely
    37  notification that medically necessary inpatient services [resulting from
    38  an emergency admission] have been provided and to reductions in  payment
    39  for failure to comply with certain administrative requirements including
    40  timely  [notify]  notification;  provided,  however  that: [(i)] (A) any
    41  requirement for timely notification must provide for a reasonable exten-
    42  sion of timeframes for notification for [emergency] services provided on
    43  weekends or federal holidays, [(ii)] (B)  any  agreed  to  reduction  in
    44  payment for failure to meet administrative requirements including timely
    45  [notify]  notification  shall  not  exceed  [the  lesser of two thousand
    46  dollars or twelve] seven and one-half  percent  of  the  payment  amount
    47  otherwise  due  for the services provided, and [(iii)] (C) any agreed to
    48  reduction in payment for failure  to  meet  administrative  requirements
    49  including  timely  notification  shall  not  be imposed if the patient's
    50  insurance coverage could not be determined by the hospital after reason-
    51  able efforts at the time the [inpatient] services were provided.
    52    (3) The provisions of this subsection shall not apply to the denial of
    53  a claim: (A) based on a reasonable belief of a corporation of  fraud  or
    54  intentional misconduct resulting in misrepresentation of patient diagno-
    55  sis  or  the services provided, or abusive billing by a corporation; (B)
    56  when required by a state or federal government program or coverage  that

        S. 7506--B                         320                        A. 9506--B
 
     1  is  provided  by  this state or a municipality thereof to its respective
     2  employees, retirees or members; (C) that is  a  duplicate  claim,  is  a
     3  claim  submitted  late  pursuant to subsection (g) of section thirty-two
     4  hundred  twenty-four-a of this article, or is for services for a benefit
     5  that is not covered under the insured's contract or for a patient deter-
     6  mined to be ineligible for coverage; (D) except in the case of medically
     7  necessary inpatient services  resulting  from  an  emergency  admission,
     8  where  there is not an existing participating provider agreement between
     9  such corporation and a general hospital; or (E) where the  hospital  has
    10  repeatedly  and  systematically,  over the previous twelve month period,
    11  failed to seek  prior authorization for services for which prior author-
    12  ization was required.
    13    (4) For purposes of this subsection, an  "administrative  requirement"
    14  shall not include requirements: (A) imposed on a corporation or provider
    15  pursuant  to  federal or state laws, regulations or guidance; (B) estab-
    16  lished by the state or federal  government  applicable  to  corporations
    17  offering benefits under a state or federal government program.
    18    (5)  The prohibition on denials set forth in this subsection shall not
    19  apply to claims for services for which a  request  for  preauthorization
    20  was denied by the corporation prior to delivery of the service.
    21    §  7.  Subdivision  8  of  section 4406-c of the public health law, as
    22  added by chapter 297 of the laws of 2012, is amended to read as follows:
    23    8. (a) [A] No health care plan shall [not] by contract, written policy
    24  or procedure, or by any other means, deny payment to a general  hospital
    25  certified  pursuant  to article twenty-eight of this chapter for a claim
    26  for medically necessary inpatient services [resulting from an  emergency
    27  admission],  observation  services,  or  emergency  department  services
    28  provided by a general hospital solely on  the  basis  that  the  general
    29  hospital  did not [timely notify such health care plan that the services
    30  had been provided] comply with certain  administrative  requirements  of
    31  such health care plan with respect to those services.
    32    (b)  Nothing in this subdivision shall preclude a general hospital and
    33  a health care plan from agreeing to certain administrative  requirements
    34  [for]  relating to payment for inpatient services, observation services,
    35  or emergency department services, including, but not limited to,  timely
    36  notification that medically necessary inpatient services [resulting from
    37  an  emergency admission] have been provided and to reductions in payment
    38  for failure to comply with certain administrative requirements including
    39  timely [notify] notification; provided, however that: (i)  any  require-
    40  ment  for timely notification must provide for a reasonable extension of
    41  timeframes for notification for [emergency] services provided  on  week-
    42  ends  or  federal  holidays, (ii) any agreed to reduction in payment for
    43  failure to meet administrative requirements, including  timely  [notify]
    44  notification  shall  not  exceed  [the lesser of two thousand dollars or
    45  twelve] seven and one-half percent of the payment amount  otherwise  due
    46  for  the  service provided, and (iii) any agreed to reduction in payment
    47  for failure to meet administrative requirements including timely notifi-
    48  cation shall not be imposed if  the  patient's  coverage  could  not  be
    49  determined  by  the  hospital  after  reasonable efforts at the time the
    50  [inpatient] services were provided.
    51    (c) The provisions of this subdivision shall not apply to  the  denial
    52  of  a claim:   (i) based on a reasonable belief of a health care plan of
    53  fraud or intentional misconduct  resulting  in  a  misrepresentation  of
    54  patient  diagnosis  or  the  services provided, or abusive billing; (ii)
    55  when required by a state or federal government program or coverage  that
    56  is  provided  by  this state or a municipality thereof to its respective

        S. 7506--B                         321                        A. 9506--B
 
     1  employees, retirees or members; (iii) that is a duplicate  claim,  is  a
     2  claim  submitted  late  pursuant to subsection (g) of section thirty-two
     3  hundred twenty-four-a of the insurance law, or is  for  services  for  a
     4  benefit  that  is  not  covered  under  the  insured's contract or for a
     5  patient determined to be ineligible for coverage;  (iv)  except  in  the
     6  case  of  medically necessary inpatient services resulting from an emer-
     7  gency admission, where there is not an existing  participating  provider
     8  agreement  between  a  health  care  plan and a general hospital; or (v)
     9  where the hospital has repeatedly and systematically, over the  previous
    10  twelve  month  period,  failed to seek  prior authorization for services
    11  for which prior authorization was required.
    12    (d) For purposes of this subdivision, an "administrative  requirement"
    13  shall  not  include  requirements:  (i) imposed on a health care plan or
    14  provider pursuant to federal or state laws, regulations or guidance;  or
    15  (ii) established by the state or federal government applicable to health
    16  care  plans  offering  benefits  under  a  state  or  federal government
    17  program.
    18    (e) The prohibition on denials set forth in this subdivision shall not
    19  apply to claims for services for which a  request  for  preauthorization
    20  was denied by the health care plan prior to delivery of the service.
    21    § 8. Subsection (b) of section 3224-a of the insurance law, as amended
    22  by chapter 237 of the laws of 2009, is amended to read as follows:
    23    (b) In a case where the obligation of an insurer or an organization or
    24  corporation  licensed  or  certified  pursuant to article forty-three or
    25  forty-seven of this chapter or article forty-four of the  public  health
    26  law  to  pay a claim or make a payment for health care services rendered
    27  is not reasonably clear due to a good faith dispute regarding the eligi-
    28  bility of a person for coverage, the liability  of  another  insurer  or
    29  corporation  or organization for all or part of the claim, the amount of
    30  the claim, the benefits covered under a contract or  agreement,  or  the
    31  manner in which services were accessed or provided, an insurer or organ-
    32  ization  or corporation shall pay any undisputed portion of the claim in
    33  accordance with this subsection and  notify  the  policyholder,  covered
    34  person  or  health care provider in writing, and through the internet or
    35  other electronic means for claims submitted in that manner, within thir-
    36  ty calendar days of the receipt of the claim:
    37    (1) that it is not obligated to pay the  claim  or  make  the  medical
    38  payment, stating the specific reasons why it is not liable; or
    39    (2)  to request all additional information needed to determine liabil-
    40  ity to pay the claim or make the health care payment; and
    41    (3) of the specific type  of  plan  or  product  the  policyholder  or
    42  covered  person  is  enrolled  in; provided that nothing in this section
    43  shall authorize discrimination based on the source of payment.
    44    Upon receipt of the information requested in  paragraph  two  of  this
    45  subsection  or  an  appeal  of  a claim or bill for health care services
    46  denied pursuant to paragraph one  of  this  subsection,  an  insurer  or
    47  organization  or  corporation  licensed or certified pursuant to article
    48  forty-three or forty-seven of this chapter or article forty-four of  the
    49  public  health  law  shall  comply  with subsection (a) of this section;
    50  provided, that if the insurer or organization or corporation licensed or
    51  certified pursuant to article forty-three or forty-seven of this chapter
    52  or article forty-four of the public health law determines  that  payment
    53  or additional payment is due on the claim, such payment shall be made to
    54  the  policyholder  or  covered  person  or  health  care provider within
    55  fifteen days of the determination.

        S. 7506--B                         322                        A. 9506--B
 
     1    § 9. Subsection (d) of section 3224-a of the insurance law, as amended
     2  by chapter 666 of the laws of 1997 and paragraph 2 as amended by section
     3  57-b of part A of chapter 56 of the laws of 2013, is amended to read  as
     4  follows:
     5    (d) For the purposes of this section:
     6    (1)  "policyholder" shall mean a person covered under such policy or a
     7  representative designated by such person; [and]
     8    (2) "health care provider" shall mean an entity licensed or  certified
     9  pursuant  to  article  twenty-eight,  thirty-six  or forty of the public
    10  health law, a facility licensed pursuant to article nineteen or  thirty-
    11  one  of  the  mental  hygiene law, a fiscal intermediary operating under
    12  section three hundred [sixty five-f] sixty-five of the  social  services
    13  law, a health care professional licensed, registered or certified pursu-
    14  ant  to  title  eight  of  the education law, a dispenser or provider of
    15  pharmaceutical products, services or durable  medical  equipment,  or  a
    16  representative designated by such entity or person;
    17    (3) "plan or product" shall mean:
    18    (i)  Medicaid  coverage  provided  pursuant  to  section three hundred
    19  sixty-four-j of the social services law;
    20    (ii) a child health insurance plan certified pursuant to section twen-
    21  ty-five hundred eleven of the public health law;
    22    (iii) basic health program  coverage  certified  pursuant  to  section
    23  three  hundred  sixty-nine-gg  of the social services law, including the
    24  specific rating group the policyholder or covered person is enrolled in;
    25    (iv) coverage purchased on the New York insurance exchange established
    26  pursuant to section two hundred sixty-eight-b of the public health  law;
    27  and
    28    (v) any other comprehensive health insurance coverage subject to arti-
    29  cle  thirty-two, forty-three, or forty-seven of this chapter, or article
    30  forty-four of the public health law; and
    31    (4) "emergency services" shall have the meaning set forth in  subpara-
    32  graph  (D) of paragraph nine of subsection (i) of section three thousand
    33  two hundred sixteen of this article, subparagraph (D) of paragraph  four
    34  of  subsection  (k)  of section three thousand two hundred twenty-one of
    35  this article and subparagraph (D) of paragraph two of subsection (a)  of
    36  section four thousand three hundred three of this chapter.
    37    §  10. Subsection (i) of section 3224-a of the insurance law, as added
    38  by chapter 297 of the laws of 2012, is amended to read as follows:
    39    (i) Except where the parties have developed  a  mutually  agreed  upon
    40  process for the reconciliation of coding disputes that includes a review
    41  of  submitted  medical  records  to  ascertain  the  correct  coding for
    42  payment, a general hospital certified pursuant to  article  twenty-eight
    43  of  the  public health law shall, upon receipt of payment of a claim for
    44  which payment has been adjusted  based  on  a  particular  coding  to  a
    45  patient  including  the  assignment of diagnosis and procedure, have the
    46  opportunity to submit the affected claim with medical records supporting
    47  the hospital's initial coding of the claim within thirty days of receipt
    48  of payment. Upon receipt of such  medical  records,  an  insurer  or  an
    49  organization  or  corporation  licensed or certified pursuant to article
    50  forty-three or forty-seven of this chapter or article forty-four of  the
    51  public health law shall review such information to ascertain the correct
    52  coding  for  payment based on national coding guidelines accepted by the
    53  centers for Medicare and Medicaid services or the American medical asso-
    54  ciation, to the extent there are  codes  for  such  services,  including
    55  ICD-10  guidelines  to  the  extent  available,  and  process the claim,
    56  including the correct coding, in  accordance  with  the  timeframes  set

        S. 7506--B                         323                        A. 9506--B
 
     1  forth  in  subsection  (a)  of  this  section. In the event the insurer,
     2  organization, or corporation processes the  claim  consistent  with  its
     3  initial determination, such decision shall be accompanied by a statement
     4  of  the  insurer, organization or corporation setting forth the specific
     5  reasons why the initial adjustment was appropriate. An  insurer,  organ-
     6  ization, or corporation that increases the payment based on the informa-
     7  tion  submitted  by the general hospital, [but fails to do so in accord-
     8  ance with the timeframes set forth in subsection (a) of  this  section,]
     9  shall  pay  to  the  general  hospital  interest  on  the amount of such
    10  increase at the rate set by the commissioner of taxation and finance for
    11  corporate taxes pursuant to paragraph one  of  [subdivision]  subsection
    12  (e)  of  section  one thousand ninety-six of the tax law, to be computed
    13  from [the end of the forty-five day period  after  resubmission  of  the
    14  additional  medical  record  information]  the  date  thirty  days after
    15  initial receipt of the claim if transmitted electronically or forty-five
    16  days after initial receipt of the  claim  if  transmitted  by  paper  or
    17  facsimile.    Provided, however, a failure to remit timely payment shall
    18  not constitute a violation of this section.    Neither  the  initial  or
    19  subsequent  processing  of  the  claim  by the insurer, organization, or
    20  corporation shall be deemed  an  adverse  determination  as  defined  in
    21  section  four thousand nine hundred of this chapter if based solely on a
    22  coding determination. Nothing in this subsection shall  apply  to  those
    23  instances  in  which  the  insurer or organization, or corporation has a
    24  reasonable suspicion of fraud or abuse or when an insurer, organization,
    25  or corporation engages in reasonable fraud, waste  and  abuse  detection
    26  efforts; provided, however, to the extent any subsequent payment adjust-
    27  ments are made as a result of the fraud, waste and abuse detection proc-
    28  esses  or  efforts,  such payment adjustments shall be consistent on the
    29  coding guidelines required by this subsection.
    30    § 11. Section 3224-a of the insurance law is amended by adding  a  new
    31  subsection (k) to read as follows:
    32    (k)  The  superintendent,  in  conjunction  with  the  commissioner of
    33  health, shall convene a health care administrative simplification  work-
    34  group.  The  workgroup  shall consist of stakeholders, including but not
    35  limited to, insurers,  hospitals,  physicians  and  consumers  or  their
    36  representatives,  to study and evaluate mechanisms to reduce health care
    37  administrative costs and complexities through standardization, simplifi-
    38  cation and technology. Areas to  be  examined  by  the  workgroup  shall
    39  include  claims  submission and payment, claims attachments, preauthori-
    40  zation practices, provider credentialing, insurance eligibility  verifi-
    41  cation,  and  access  to electronic medical records. The workgroup shall
    42  report on its findings and recommendations to  the  superintendent,  the
    43  commissioner  of  health,  the speaker of the assembly and the temporary
    44  president of the senate within eighteen months of the effective date  of
    45  this subsection.
    46    § 12. The insurance law is amended by adding a new section 345 to read
    47  as follows:
    48    §  345.  Health  care  claims  reports. An insurer authorized to write
    49  accident and health insurance in  the  state,  a  corporation  organized
    50  pursuant to article forty-three of this chapter, or a health maintenance
    51  organization  certified  pursuant  to  article  forty-four of the public
    52  health law shall report to the superintendent quarterly and annually  on
    53  health  care  claims  payment  performance with respect to comprehensive
    54  health insurance coverage. The reports shall be submitted in the  manner
    55  and form prescribed by the superintendent after consultation with repre-
    56  sentatives  of  insurers  and health care providers but at minimum shall

        S. 7506--B                         324                        A. 9506--B
 
     1  include the number and dollar value of health care claims by major  line
     2  of  business  and  categorized  as follows: health care claims received,
     3  health care claims paid, health  care  claims  pended  and  health  care
     4  claims  denied  during the respective quarter or year. The data shall be
     5  provided in the aggregate and by major category of health care provider.
     6  The reports should address any patterns or suspected  areas  of  revenue
     7  maximization  that  may  have contributed to the number of denials.  The
     8  reports shall be due to the superintendent no later than forty-five days
     9  after the end of the respective  quarter  or  year  and  shall  be  made
    10  publicly  available  including  on the department's website.  The super-
    11  intendent, in conjunction with the commissioner of health,  may  promul-
    12  gate  regulations  requiring additional reporting requirements on insur-
    13  ers, corporations, or health maintenance organizations  or  health  care
    14  providers  to assess the effectiveness of the payment policies set forth
    15  in this section, which may be informed by the  administrative  simplifi-
    16  cation  workgroup authorized by subsection (k) of section three thousand
    17  two hundred twenty-four-a of this chapter.
    18    § 13. Paragraph (a) of subdivision 2 of section  4903  of  the  public
    19  health law, as amended by chapter 371 of the laws of 2015, is amended to
    20  read as follows:
    21    (a)  A utilization review agent shall make a utilization review deter-
    22  mination involving health care services which require  pre-authorization
    23  and  provide  notice  of  a  determination to the enrollee or enrollee's
    24  designee and the enrollee's health care provider  by  telephone  and  in
    25  writing  within three business days of receipt of the necessary informa-
    26  tion, or for inpatient rehabilitation services  following  an  inpatient
    27  hospital  admission  provided by a hospital or skilled nursing facility,
    28  within one business day of receipt of the necessary information.  To the
    29  extent practicable, such written notification to the  enrollee's  health
    30  care  provider shall be transmitted electronically, in a manner and in a
    31  form agreed upon by the parties.  The notification shall  identify;  (i)
    32  whether  the  services are considered in-network or out-of-network; (ii)
    33  and whether the enrollee will be held harmless for the services and  not
    34  be  responsible for any payment, other than any applicable co-payment or
    35  co-insurance; (iii) as applicable, the dollar  amount  the  health  care
    36  plan  will pay if the service is out-of-network; and (iv) as applicable,
    37  information explaining how an enrollee  may  determine  the  anticipated
    38  out-of-pocket   cost  for  out-of-network  health  care  services  in  a
    39  geographical area or zip code based upon the difference between what the
    40  health care plan will reimburse for out-of-network health care  services
    41  and  the  usual  and  customary  cost  for  out-of-network  health  care
    42  services.
    43    § 14. Subsection (a) of section 4902 of the insurance law  is  amended
    44  by adding a new paragraph 13 to read as follows:
    45    (13)  Establishment  of  a  requirement  that emergency department and
    46  inpatient hospital services rendered by  a  general  hospital  certified
    47  pursuant  to article twenty-eight of the public health law to an insured
    48  to treat COVID-19 during a declared state disaster emergency related  to
    49  COVID-19  shall  not be denied on retrospective review on the basis that
    50  such services were not medically necessary.
    51    § 15. Subdivision 1 of section  4902  of  the  public  health  law  is
    52  amended by adding a new paragraph (k) to read as follows:
    53    (k) Establishment of a requirement that emergency department and inpa-
    54  tient  hospital services rendered by a general hospital certified pursu-
    55  ant to article twenty-eight of this chapter  to  an  enrollee  to  treat
    56  COVID-19  during a declared state disaster emergency related to COVID-19

        S. 7506--B                         325                        A. 9506--B
 
     1  shall not be denied on retrospective  review  on  the  basis  that  such
     2  services were not medically necessary.
     3    §  16.  Paragraph 1 of subsection (b) of section 4903 of the insurance
     4  law, as amended by chapter 371 of the laws of 2015, is amended  to  read
     5  as follows:
     6    (1)  A utilization review agent shall make a utilization review deter-
     7  mination involving health care services which require  pre-authorization
     8  and provide notice of a determination to the insured or insured's desig-
     9  nee  and  the insured's health care provider by telephone and in writing
    10  within three business days of receipt of the necessary  information,  or
    11  for  inpatient  rehabilitation  services following an inpatient hospital
    12  admission provided by a hospital or skilled nursing facility, within one
    13  business day of receipt of the necessary information.    To  the  extent
    14  practicable,  such  written  notification  to the enrollee's health care
    15  provider shall be transmitted electronically, in a manner and in a  form
    16  agreed upon by the parties.  The notification shall identify: (i) wheth-
    17  er the services are considered in-network or out-of-network; (ii) wheth-
    18  er the insured will be held harmless for the services and not be respon-
    19  sible   for   any   payment,   other  than  any  applicable  co-payment,
    20  co-insurance or deductible; (iii) as applicable, the dollar  amount  the
    21  health  care plan will pay if the service is out-of-network; and (iv) as
    22  applicable, information explaining how  an  insured  may  determine  the
    23  anticipated  out-of-pocket  cost for out-of-network health care services
    24  in a geographical area or zip code based  upon  the  difference  between
    25  what  the health care plan will reimburse for out-of-network health care
    26  services and the usual and customary cost for out-of-network health care
    27  services.
    28    § 17. Subdivision 3 of section 4904  of  the  public  health  law,  as
    29  amended  by chapter 586 of the laws of 1998 and paragraph (b) as further
    30  amended by section 104 of part A of chapter 62 of the laws of  2011,  is
    31  amended to read as follows:
    32    3.  A utilization review agent shall establish a standard appeal proc-
    33  ess which includes procedures for appeals to be filed in writing  or  by
    34  telephone. A utilization review agent must establish a period of no less
    35  than  forty-five  days  after receipt of notification by the enrollee of
    36  the initial utilization review determination and receipt of  all  neces-
    37  sary  information to file the appeal from said determination. The utili-
    38  zation review agent must provide written acknowledgment of the filing of
    39  the appeal to the appealing party within fifteen days of such filing and
    40  shall make a determination with regard  to  the  appeal  within  [sixty]
    41  thirty  days  of  the  receipt  of  necessary information to conduct the
    42  appeal and, upon overturning the  adverse  determination,  shall  comply
    43  with  subsection (a) of section three thousand two hundred twenty-four-a
    44  of the insurance law as applicable. The utilization review  agent  shall
    45  notify the enrollee, the enrollee's designee and, where appropriate, the
    46  enrollee's health care provider, in writing, of the appeal determination
    47  within  two  business  days  of the rendering of such determination. The
    48  notice of the appeal determination shall include:
    49    (a) the reasons for the determination; provided, however,  that  where
    50  the  adverse determination is upheld on appeal, the notice shall include
    51  the clinical rationale for such determination; and
    52    (b) a notice of the enrollee's right to an  external  appeal  together
    53  with  a  description,  jointly  promulgated  by the commissioner and the
    54  superintendent of financial services as required pursuant to subdivision
    55  five of section forty-nine hundred fourteen  of  this  article,  of  the

        S. 7506--B                         326                        A. 9506--B
 
     1  external  appeal process established pursuant to title two of this arti-
     2  cle and the time frames for such external appeals.
     3    §  18. Subsection (c) of section 4904 of the insurance law, as amended
     4  by chapter 586 of the laws of 1998, is amended to read as follows:
     5    (c) A utilization review agent shall establish a standard appeal proc-
     6  ess which includes procedures for appeals to be filed in writing  or  by
     7  telephone. A utilization review agent must establish a period of no less
     8  than forty-five days after receipt of notification by the insured of the
     9  initial  utilization  review  determination and receipt of all necessary
    10  information to file the appeal from said determination. The  utilization
    11  review  agent  must  provide written acknowledgment of the filing of the
    12  appeal to the appealing party within fifteen days  of  such  filing  and
    13  shall  make  a  determination  with  regard to the appeal within [sixty]
    14  thirty days of the receipt  of  necessary  information  to  conduct  the
    15  appeal  and,  upon  overturning  the adverse decision, shall comply with
    16  subsection (a) of section three thousand two  hundred  twenty-four-a  of
    17  this  chapter  as applicable.  The utilization review agent shall notify
    18  the  insured,  the  insured's  designee  and,  where  appropriate,   the
    19  insured's  health  care provider, in writing of the appeal determination
    20  within two business days of the rendering of such determination.
    21    The notice of the appeal determination shall include:
    22    (1) the reasons for the determination; provided, however,  that  where
    23  the  adverse determination is upheld on appeal, the notice shall include
    24  the clinical rationale for such determination; and
    25    (2) a notice of the insured's right to  an  external  appeal  together
    26  with  a  description,  jointly promulgated by the superintendent and the
    27  commissioner of health as required pursuant to subsection (e) of section
    28  four thousand nine hundred fourteen of this  article,  of  the  external
    29  appeal process established pursuant to title two of this article and the
    30  time frames for such external appeals.
    31    §  19.  Subsection (a) of section 4803 of the insurance law is amended
    32  by adding a new paragraph 3 to read as follows:
    33    (3) A newly-licensed physician, a physician who has recently relocated
    34  to this state from another state and has  not  previously  practiced  in
    35  this  state,  or  a  physician  who  has  changed  his  or her corporate
    36  relationship such that it results in the issuance of a new tax identifi-
    37  cation number under which such physician's services are billed  for  and
    38  who previously had a participation contract with the insurer immediately
    39  prior  to  the event that changed his or her corporate relationship, who
    40  becomes employed by a  general  hospital  or  diagnostic  and  treatment
    41  center  licensed  pursuant  to article twenty-eight of the public health
    42  law, or a facility licensed under article sixteen, article thirty-one or
    43  article thirty-two of the mental hygiene law which has  a  participating
    44  provider  contract  with an insurer, and whose other employed physicians
    45  participate in the in-network portion of an insurer's network, shall  be
    46  deemed  "provisionally  credentialed" and may participate in the in-net-
    47  work portion of an insurer's network during this time period  upon:  (A)
    48  the insurer's receipt of the hospital and physician's completed sections
    49  of  the  insurer's  credentialing application; and (B) the insurer being
    50  notified in writing that the health care professional has  been  granted
    51  hospital privileges pursuant to the requirements of section twenty-eight
    52  hundred  five-k  of  the  public  health  law.  However, a provisionally
    53  credentialed physician shall not be designated as an  insured's  primary
    54  care  physician  until such time as the physician has been fully creden-
    55  tialed by the insurer. Notwithstanding any other provision  of  law,  an
    56  insurer  shall  not  be  required  to  make any payments to the licensed

        S. 7506--B                         327                        A. 9506--B

     1  general hospital, the licensed diagnostic  and  treatment  center  or  a
     2  facility  licensed  under article sixteen, article thirty-one or article
     3  thirty-two of the mental hygiene law  for  the  service  provided  by  a
     4  provisionally  credentialed physician, until and unless the physician is
     5  fully credentialed by the insurer, provided, however,  that  upon  being
     6  fully credentialed, the licensed general hospital, the licensed diagnos-
     7  tic  and  treatment center or a facility licensed under article sixteen,
     8  article thirty-one or article thirty-two of the mental hygiene law shall
     9  be paid for all services provided by the physician for up to sixty  days
    10  after  submission  of  the  completed  application that the credentialed
    11  physician provided to the insurer's subscribers or members from the date
    12  the physician fully met the requirements  to  be  provisionally  creden-
    13  tialed  pursuant to this paragraph. Should the application ultimately be
    14  denied by the insurer, the insurer shall not be liable for  any  payment
    15  to  the licensed general hospital, the licensed diagnostic and treatment
    16  center or a facility licensed under article sixteen, article  thirty-one
    17  or  article  thirty-two  of  the  mental  hygiene  law  for the services
    18  provided by the provisionally credentialed health care professional that
    19  exceeds any out-of-network benefits payable under the insured's contract
    20  with the insurer; and the licensed general hospital, the licensed  diag-
    21  nostic  and  treatment  center  or  a  facility  licensed  under article
    22  sixteen, article thirty-one or article thirty-two of the mental  hygiene
    23  law  shall  not pursue reimbursement from the insured, except to collect
    24  the copayment or coinsurance or deductible amount that  otherwise  would
    25  have  been  payable had the insured received services from a health care
    26  professional participating in the in-network  portion  of  an  insurer's
    27  network.
    28    §  20.  Subdivision  1  of  section 4406-d of the public health law is
    29  amended by adding a new paragraph (c) to read as follows:
    30    (c) A newly-licensed physician, a physician who has recently relocated
    31  to this state from another state and has  not  previously  practiced  in
    32  this  state,  or  a  physician  who  has  changed  his  or her corporate
    33  relationship such that it results in the issuance of a new tax identifi-
    34  cation number under which such physician's services are billed  for  and
    35  who  previously  had  a participation contract with the health care plan
    36  immediately prior to  the  event  that  changed  his  or  her  corporate
    37  relationship,  who  becomes employed by a general hospital or diagnostic
    38  and treatment center licensed pursuant to article twenty-eight  of  this
    39  chapter,  or  a facility licensed under article sixteen, article thirty-
    40  one or article thirty-two of the mental hygiene law which has a  partic-
    41  ipating  provider  contract  with  a   health care plan, and whose other
    42  employed physicians participate in the in-network portion  of  a  health
    43  care  plan's  network,  shall be deemed "provisionally credentialed" and
    44  may participate in the  in-network  portion  of  a  health  care  plan's
    45  network during this time period upon: (i) the health care plan's receipt
    46  of  the  hospital  and  physician's  completed sections of the insurer's
    47  credentialing application; and (ii) the health care plan being  notified
    48  in  writing  that the health care professional has been granted hospital
    49  privileges pursuant to the requirements of section twenty-eight  hundred
    50  five-k  of this chapter. However, a provisionally credentialed physician
    51  shall not be designated as an enrollee's primary  care  physician  until
    52  such  time  as  the  physician has been fully credentialed by the health
    53  care plan. Notwithstanding any other provision of  law,  a  health  care
    54  plan  shall not be required to make any payments to the licensed general
    55  hospital, the licensed diagnostic and treatment  center  or  a  facility
    56  licensed under article sixteen, article thirty-one or article thirty-two

        S. 7506--B                         328                        A. 9506--B
 
     1  of  the  mental  hygiene law for the service provided by a provisionally
     2  credentialed physician, until and unless the physician is fully  creden-
     3  tialed by the health care plan, provided, however, that upon being fully
     4  credentialed, the licensed general hospital, the licensed diagnostic and
     5  treatment  center  or a facility licensed under article sixteen, article
     6  thirty-one or article thirty-two of the mental hygiene law shall be paid
     7  for all services provided by the physician for up to  sixty  days  after
     8  submission  of the completed application that the credentialed physician
     9  provided to the health care plan's insureds from the date the  physician
    10  fully  met the requirements to be provisionally credentialed pursuant to
    11  this paragraph. Should the  application  ultimately  be  denied  by  the
    12  health  care  plan,  the  health  care  plan shall not be liable for any
    13  payment to the licensed general hospital, the  licensed  diagnostic  and
    14  treatment  center  or a facility licensed under article sixteen, article
    15  thirty-one or article thirty-two of  the  mental  hygiene  law  for  the
    16  services  provided by the provisionally credentialed health care profes-
    17  sional; and the licensed general hospital, the licensed  diagnostic  and
    18  treatment  center  or a facility licensed under article sixteen, article
    19  thirty-one or article thirty-two of the mental  hygiene  law  shall  not
    20  pursue  reimbursement  from the insured, except to collect the copayment
    21  or coinsurance or deductible amount that otherwise would have been paya-
    22  ble had the insured received services from a  health  care  professional
    23  participating in the in-network portion of a health care plan's network.
    24    §  21. This act shall take effect immediately; provided, however, that
    25  sections six through eleven and sections thirteen  through  eighteen  of
    26  this  act shall apply to services performed on or after January 1, 2021;
    27  and provided further, however, that section twelve  of  this  act  shall
    28  apply  to health care reports on and after January 1, 2022; and provided
    29  further, however, that sections nineteen and twenty of  this  act  shall
    30  apply  to  credentialing applications received on or after July 1, 2020.
    31  Provided further, however, that the  director  of  the  budget  may,  in
    32  consultation  with the commissioner of health, delay the effective dates
    33  prescribed herein for a period of time which  shall  not  exceed  ninety
    34  days  following  the  conclusion  or  termination  of an executive order
    35  issued pursuant to section 28 of the executive  law  declaring  a  state
    36  disaster emergency for the entire state of New York, upon such delay the
    37  director  of the budget shall notify the chairs of the assembly ways and
    38  means committee and senate finance  committee  and  the  chairs  of  the
    39  assembly  and  senate  health committee; provided further, however, that
    40  the director of the budget shall notify the  legislative  bill  drafting
    41  commission  upon the occurrence of a delay in the effective date of this
    42  act in order that the commission may maintain  an  accurate  and  timely
    43  effective data base of the official text of the laws of the state of New
    44  York  in furtherance of effectuating the provisions of section 44 of the
    45  legislative law and section 70-b of the public officers law.
 
    46                                   PART ZZ
 
    47    Section 1.  Subdivision (c) of section 1261 of the tax law is  amended
    48  by adding a new paragraph 7 to read as follows:
    49    (7)  In  order  to  provide critical support to financially distressed
    50  hospitals and nursing home facilities throughout the  state,  the  comp-
    51  troller  shall,  by April fifteenth, two thousand twenty, and by January
    52  first of each year thereafter, determine each county's percentage  share
    53  of the total aggregate net collections of all counties, excluding a city
    54  with a population of one million or more, for the one-year period ending

        S. 7506--B                         329                        A. 9506--B
 
     1  November  thirtieth  of the preceding year, and withhold from the taxes,
     2  penalties and interest imposed by each county, excluding a city having a
     3  population of one million or more, an amount equal  to  the  product  of
     4  such  county's percentage share and fifty million dollars.  Such amounts
     5  shall be withheld in four quarterly installments on  January  fifteenth,
     6  April  fifteenth,  July  fifteenth  and  October fifteenth, and shall be
     7  deposited into the New York State Agency Trust Fund, Distressed Provider
     8  Assistance Account. Provided, however, for the  tax  jurisdictions  that
     9  are  subject  to  paragraphs  three  and five-a of this subdivision, the
    10  comptroller shall deposit such amount to the New York State Agency Trust
    11  Fund, Distressed Provider Assistance Account after funds are distributed
    12  pursuant to such paragraphs three and five-a of this subdivision.
    13    § 2. Subparagraph (ii) of paragraph 5 of subdivision  (c)  of  section
    14  1261  of  the tax law, as amended by section 6-b of part G of chapter 59
    15  of the laws of 2019,  is amended to read as follows:
    16    (ii) After withholding the taxes, penalties and  interest  imposed  by
    17  the  city  of  New York on and after August first, two thousand eight as
    18  provided in subparagraph (i) of this paragraph,  the  comptroller  shall
    19  withhold  a  portion of such taxes, penalties and interest sufficient to
    20  deposit annually into the  central  business  district  tolling  capital
    21  lockbox  established  pursuant  to section five hundred fifty-three-j of
    22  the public authorities law: (A) in state fiscal year two thousand  nine-
    23  teen  -  two  thousand  twenty,  one  hundred  twenty-seven million five
    24  hundred thousand dollars; (B) in state fiscal year two thousand twenty -
    25  two thousand twenty-one, one hundred seventy million dollars; [and]  (C)
    26  in  state  fiscal year two thousand twenty-one - two thousand twenty-two
    27  and every succeeding state fiscal year, an amount equal to  one  hundred
    28  one  percent  of the amount deposited in the immediately preceding state
    29  fiscal year. The funds shall be deposited monthly in equal installments.
    30  During the period that the comptroller is required to  withhold  amounts
    31  and  make payments described in this paragraph, the city of New York has
    32  no right, title or interest in or to those taxes, penalties and interest
    33  required to be paid into the above referenced central business  district
    34  tolling  capital  lockbox. In addition, the comptroller shall withhold a
    35  portion of such taxes, penalties and  interest  in  the  amount  of  two
    36  hundred  million  dollars, to be withheld in four quarterly installments
    37  on January  fifteenth,  April  fifteenth,  July  fifteenth  and  October
    38  fifteenth of each year, and shall deposit such amounts into the New York
    39  State Agency Trust Fund, Distressed Provider Assistance Account.
    40    § 3. Notwithstanding sections one and two of this act, the comptroller
    41  shall defer withholding the total value of withholdings which would have
    42  occurred on April 15, 2020, July 15, 2020, October 15, 2020, and January
    43  15,  2021 pursuant to sections one and two of this act until January 15,
    44  2021 at which time the comptroller shall withhold the  full  $50,000,000
    45  installment  set  forth  in  section  one  of  this  act  and  the  full
    46  $200,000,000 installment set forth in section two of this act.
    47    § 4. Section 363-c of the social services law is amended by  adding  a
    48  new subdivision 4 to read as follows:
    49    4. Notwithstanding any laws or regulations to the contrary, all social
    50  services districts, providers and other recipients of medical assistance
    51  program  funds  shall make available to the commissioner or the director
    52  of the division of budget in a prompt fashion all fiscal and statistical
    53  records and reports, other contemporaneous records  demonstrating  their
    54  right  to receive payment, and all underlying books, records, documenta-
    55  tion and reports, which may be requested  by  the  commissioner  or  the
    56  director of the division of the budget as may be determined necessary to

        S. 7506--B                         330                        A. 9506--B
 
     1  manage and oversee the Medicaid program provided however, any personally
     2  identifying  information  obtained  pursuant  to  this subdivision shall
     3  remain confidential and shall be used solely for the  purposes  of  this
     4  subdivision.
     5    §  5.  This  act  shall  take  effect  immediately and shall be deemed
     6  repealed two years after such effective date.
 
     7                                  PART AAA
 
     8    Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
     9  of the laws of 1986, amending the civil practice law and rules and other
    10  laws relating  to  malpractice  and  professional  medical  conduct,  as
    11  amended  by  section  1  of part F of chapter 57 of the laws of 2019, is
    12  amended to read as follows:
    13    (a) The superintendent of financial services and the  commissioner  of
    14  health  or  their  designee  shall, from funds available in the hospital
    15  excess liability pool created pursuant to subdivision 5 of this section,
    16  purchase a policy or policies for excess insurance coverage, as  author-
    17  ized  by  paragraph 1 of subsection (e) of section 5502 of the insurance
    18  law; or from an insurer, other than an insurer described in section 5502
    19  of the insurance law, duly authorized to write such coverage and actual-
    20  ly writing  medical  malpractice  insurance  in  this  state;  or  shall
    21  purchase equivalent excess coverage in a form previously approved by the
    22  superintendent  of  financial  services for purposes of providing equiv-
    23  alent excess coverage in accordance with section 19 of  chapter  294  of
    24  the  laws of 1985, for medical or dental malpractice occurrences between
    25  July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30,  1988,
    26  between  July  1,  1988 and June 30, 1989, between July 1, 1989 and June
    27  30, 1990, between July 1, 1990 and June 30, 1991, between July  1,  1991
    28  and  June 30, 1992, between July 1, 1992 and June 30, 1993, between July
    29  1, 1993 and June 30, 1994, between July  1,  1994  and  June  30,  1995,
    30  between  July  1,  1995 and June 30, 1996, between July 1, 1996 and June
    31  30, 1997, between July 1, 1997 and June 30, 1998, between July  1,  1998
    32  and  June 30, 1999, between July 1, 1999 and June 30, 2000, between July
    33  1, 2000 and June 30, 2001, between July  1,  2001  and  June  30,  2002,
    34  between  July  1,  2002 and June 30, 2003, between July 1, 2003 and June
    35  30, 2004, between July 1, 2004 and June 30, 2005, between July  1,  2005
    36  and  June 30, 2006, between July 1, 2006 and June 30, 2007, between July
    37  1, 2007 and June 30, 2008, between July  1,  2008  and  June  30,  2009,
    38  between  July  1,  2009 and June 30, 2010, between July 1, 2010 and June
    39  30, 2011, between July 1, 2011 and June 30, 2012, between July  1,  2012
    40  and  June 30, 2013, between July 1, 2013 and June 30, 2014, between July
    41  1, 2014 and June 30, 2015, between July  1,  2015  and  June  30,  2016,
    42  between  July  1,  2016 and June 30, 2017, between July 1, 2017 and June
    43  30, 2018, between July 1, 2018 and June 30, 2019, [and] between July  1,
    44  2019  and  June  30, 2020, and between July 1, 2020 and June 30, 2021 or
    45  reimburse the hospital where the hospital  purchases  equivalent  excess
    46  coverage  as defined in subparagraph (i) of paragraph (a) of subdivision
    47  1-a of this  section  for  medical  or  dental  malpractice  occurrences
    48  between  July  1,  1987 and June 30, 1988, between July 1, 1988 and June
    49  30, 1989, between July 1, 1989 and June 30, 1990, between July  1,  1990
    50  and  June 30, 1991, between July 1, 1991 and June 30, 1992, between July
    51  1, 1992 and June 30, 1993, between July  1,  1993  and  June  30,  1994,
    52  between  July  1,  1994 and June 30, 1995, between July 1, 1995 and June
    53  30, 1996, between July 1, 1996 and June 30, 1997, between July  1,  1997
    54  and  June 30, 1998, between July 1, 1998 and June 30, 1999, between July

        S. 7506--B                         331                        A. 9506--B
 
     1  1, 1999 and June 30, 2000, between July  1,  2000  and  June  30,  2001,
     2  between  July  1,  2001 and June 30, 2002, between July 1, 2002 and June
     3  30, 2003, between July 1, 2003 and June 30, 2004, between July  1,  2004
     4  and  June 30, 2005, between July 1, 2005 and June 30, 2006, between July
     5  1, 2006 and June 30, 2007, between July  1,  2007  and  June  30,  2008,
     6  between  July  1,  2008 and June 30, 2009, between July 1, 2009 and June
     7  30, 2010, between July 1, 2010 and June 30, 2011, between July  1,  2011
     8  and  June 30, 2012, between July 1, 2012 and June 30, 2013, between July
     9  1, 2013 and June 30, 2014, between July  1,  2014  and  June  30,  2015,
    10  between  July  1,  2015 and June 30, 2016, between July 1, 2016 and June
    11  30, 2017, between July 1, 2017 and June 30, 2018, between July  1,  2018
    12  and  June  30,  2019,  [and] between July 1, 2019 and June 30, 2020, and
    13  between July 1, 2020 and June 30, 2021 for physicians or dentists certi-
    14  fied as eligible for each such period or periods pursuant to subdivision
    15  2 of this section by a general hospital licensed pursuant to article  28
    16  of  the  public  health law; provided that no single insurer shall write
    17  more than fifty percent of the total excess premium for a  given  policy
    18  year;  and  provided, however, that such eligible physicians or dentists
    19  must have in force an individual policy, from  an  insurer  licensed  in
    20  this  state  of  primary malpractice insurance coverage in amounts of no
    21  less than one million three hundred thousand dollars for  each  claimant
    22  and  three million nine hundred thousand dollars for all claimants under
    23  that policy during the period of such excess coverage  for  such  occur-
    24  rences  or  be  endorsed as additional insureds under a hospital profes-
    25  sional liability policy which is offered through a  voluntary  attending
    26  physician ("channeling") program previously permitted by the superinten-
    27  dent of financial services during the period of such excess coverage for
    28  such occurrences. During such period, such policy for excess coverage or
    29  such  equivalent  excess  coverage  shall, when combined with the physi-
    30  cian's or dentist's primary malpractice insurance coverage  or  coverage
    31  provided through a voluntary attending physician ("channeling") program,
    32  total  an  aggregate level of two million three hundred thousand dollars
    33  for each claimant and six million nine hundred thousand dollars for  all
    34  claimants  from all such policies with respect to occurrences in each of
    35  such years provided, however, if the cost of primary malpractice  insur-
    36  ance  coverage  in  excess  of one million dollars, but below the excess
    37  medical malpractice insurance coverage provided pursuant  to  this  act,
    38  exceeds  the  rate of nine percent per annum, then the required level of
    39  primary malpractice insurance coverage in excess of one million  dollars
    40  for  each  claimant  shall  be  in an amount of not less than the dollar
    41  amount of such  coverage  available  at  nine  percent  per  annum;  the
    42  required  level  of  such  coverage  for all claimants under that policy
    43  shall be in an amount not less than three times  the  dollar  amount  of
    44  coverage for each claimant; and excess coverage, when combined with such
    45  primary  malpractice  insurance  coverage,  shall increase the aggregate
    46  level for each claimant by one million dollars and three million dollars
    47  for all claimants; and provided further, that, with respect to  policies
    48  of primary medical malpractice coverage that include occurrences between
    49  April  1,  2002  and June 30, 2002, such requirement that coverage be in
    50  amounts no less than one million three hundred thousand dollars for each
    51  claimant and three million nine hundred thousand dollars for all  claim-
    52  ants for such occurrences shall be effective April 1, 2002.
    53    §  2.  Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
    54  amending the civil practice law and rules and  other  laws  relating  to
    55  malpractice and professional medical conduct, as amended by section 2 of
    56  part F of chapter 57 of the laws of 2019, is amended to read as follows:

        S. 7506--B                         332                        A. 9506--B
 
     1    (3)(a)  The  superintendent  of financial services shall determine and
     2  certify to each general hospital and to the commissioner of  health  the
     3  cost  of  excess malpractice insurance for medical or dental malpractice
     4  occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
     5  and  June 30, 1989, between July 1, 1989 and June 30, 1990, between July
     6  1, 1990 and June 30, 1991, between July  1,  1991  and  June  30,  1992,
     7  between  July  1,  1992 and June 30, 1993, between July 1, 1993 and June
     8  30, 1994, between July 1, 1994 and June 30, 1995, between July  1,  1995
     9  and  June 30, 1996, between July 1, 1996 and June 30, 1997, between July
    10  1, 1997 and June 30, 1998, between July  1,  1998  and  June  30,  1999,
    11  between  July  1,  1999 and June 30, 2000, between July 1, 2000 and June
    12  30, 2001, between July 1, 2001 and June 30, 2002, between July  1,  2002
    13  and  June 30, 2003, between July 1, 2003 and June 30, 2004, between July
    14  1, 2004 and June 30, 2005, between July  1,  2005  and  June  30,  2006,
    15  between  July  1,  2006 and June 30, 2007, between July 1, 2007 and June
    16  30, 2008, between July 1, 2008 and June 30, 2009, between July  1,  2009
    17  and  June 30, 2010, between July 1, 2010 and June 30, 2011, between July
    18  1, 2011 and June 30, 2012, between July 1, 2012 and June 30,  2013,  and
    19  between  July  1,  2013 and June 30, 2014, between July 1, 2014 and June
    20  30, 2015, between July 1, 2015 and June 30, 2016, and  between  July  1,
    21  2016  and June 30, 2017, between July 1, 2017 and June 30, 2018, between
    22  July 1, 2018 and June 30, 2019, [and] between July 1, 2019 and June  30,
    23  2020,  and  between  July  1,  2020  and June 30, 2021 allocable to each
    24  general hospital for physicians or dentists certified  as  eligible  for
    25  purchase  of  a  policy  for  excess  insurance coverage by such general
    26  hospital in accordance with subdivision 2 of this section, and may amend
    27  such determination and certification as necessary.
    28    (b) The superintendent  of  financial  services  shall  determine  and
    29  certify  to  each general hospital and to the commissioner of health the
    30  cost of excess malpractice insurance or equivalent excess  coverage  for
    31  medical  or dental malpractice occurrences between July 1, 1987 and June
    32  30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
    33  and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
    34  1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
    35  between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
    36  30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
    37  and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
    38  1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
    39  between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
    40  30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
    41  and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
    42  1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
    43  between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
    44  30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
    45  and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
    46  1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
    47  between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
    48  30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
    49  and June 30, 2018, between July 1, 2018 and June 30, 2019, [and] between
    50  July  1,  2019  and June 30, 2020, and between July 1, 2020 and June 30,
    51  2021 allocable to each  general  hospital  for  physicians  or  dentists
    52  certified  as  eligible  for  purchase  of a policy for excess insurance
    53  coverage or equivalent excess  coverage  by  such  general  hospital  in
    54  accordance with subdivision 2 of this section, and may amend such deter-
    55  mination and certification as necessary. The superintendent of financial
    56  services shall determine and certify to each general hospital and to the

        S. 7506--B                         333                        A. 9506--B
 
     1  commissioner  of  health the ratable share of such cost allocable to the
     2  period July 1, 1987 to December 31, 1987, to the period January 1,  1988
     3  to  June  30,  1988, to the period July 1, 1988 to December 31, 1988, to
     4  the  period January 1, 1989 to June 30, 1989, to the period July 1, 1989
     5  to December 31, 1989, to the period January 1, 1990 to June 30, 1990, to
     6  the period July 1, 1990 to December 31, 1990, to the period  January  1,
     7  1991  to June 30, 1991, to the period July 1, 1991 to December 31, 1991,
     8  to the period January 1, 1992 to June 30, 1992, to the  period  July  1,
     9  1992  to  December  31,  1992, to the period January 1, 1993 to June 30,
    10  1993, to the period July 1, 1993 to December 31,  1993,  to  the  period
    11  January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December
    12  31,  1994, to the period January 1, 1995 to June 30, 1995, to the period
    13  July 1, 1995 to December 31, 1995, to the period January 1, 1996 to June
    14  30, 1996, to the period July 1, 1996 to December 31, 1996, to the period
    15  January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December
    16  31, 1997, to the period January 1, 1998 to June 30, 1998, to the  period
    17  July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June
    18  30, 1999, to the period July 1, 1999 to December 31, 1999, to the period
    19  January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December
    20  31,  2000, to the period January 1, 2001 to June 30, 2001, to the period
    21  July 1, 2001 to June 30, 2002, to the period July 1, 2002  to  June  30,
    22  2003, to the period July 1, 2003 to June 30, 2004, to the period July 1,
    23  2004  to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to
    24  the period July 1, 2006 and June 30, 2007, to the period  July  1,  2007
    25  and  June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the
    26  period July 1, 2009 and June 30, 2010, to the period July  1,  2010  and
    27  June  30,  2011,  to  the  period July 1, 2011 and June 30, 2012, to the
    28  period July 1, 2012 and June 30, 2013, to the period July  1,  2013  and
    29  June  30,  2014,  to  the  period July 1, 2014 and June 30, 2015, to the
    30  period July 1, 2015 and June 30, 2016, to the period July  1,  2016  and
    31  June 30, 2017, to the period July 1, 2017 to June 30, 2018, to the peri-
    32  od  July  1,  2018 to June 30, 2019, [and] to the period July 1, 2019 to
    33  June 30, 2020, and to the period July 1, 2020 to June 30, 2021.
    34    § 3.   Paragraphs (a), (b), (c), (d)  and  (e)  of  subdivision  8  of
    35  section  18 of chapter 266 of the laws of 1986, amending the civil prac-
    36  tice law and rules and other laws relating to  malpractice  and  profes-
    37  sional  medical conduct, as amended by section 3 of part F of chapter 57
    38  of the laws of 2019, are amended to read as follows:
    39    (a) To the extent funds available to  the  hospital  excess  liability
    40  pool  pursuant to subdivision 5 of this section as amended, and pursuant
    41  to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
    42  time  to  time  be amended, which amended this subdivision, are insuffi-
    43  cient to meet the costs  of  excess  insurance  coverage  or  equivalent
    44  excess  coverage  for coverage periods during the period July 1, 1992 to
    45  June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
    46  the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
    47  to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
    48  during the period July 1, 1997 to June 30, 1998, during the period  July
    49  1,  1998  to  June  30, 1999, during the period July 1, 1999 to June 30,
    50  2000, during the period July 1, 2000 to June 30, 2001, during the period
    51  July 1, 2001 to October 29, 2001, during the period  April  1,  2002  to
    52  June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
    53  the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
    54  to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
    55  during  the period July 1, 2006 to June 30, 2007, during the period July
    56  1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,

        S. 7506--B                         334                        A. 9506--B
 
     1  2009, during the period July 1, 2009 to June 30, 2010, during the period
     2  July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
     3  30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
     4  period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
     5  June 30, 2015, during the period July 1, 2015 to June 30,  2016,  during
     6  the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
     7  to June 30, 2018, during the period July 1, 2018 to June 30, 2019, [and]
     8  during  the  period July 1, 2019 to June 30, 2020, and during the period
     9  July 1, 2020 to June 30, 2021 allocated  or  reallocated  in  accordance
    10  with  paragraph  (a)  of  subdivision  4-a  of  this section to rates of
    11  payment applicable to state governmental  agencies,  each  physician  or
    12  dentist  for  whom  a policy for excess insurance coverage or equivalent
    13  excess coverage is purchased for such period shall  be  responsible  for
    14  payment  to  the  provider  of  excess  insurance coverage or equivalent
    15  excess coverage of an allocable share of such  insufficiency,  based  on
    16  the  ratio  of the total cost of such coverage for such physician to the
    17  sum of the total cost of such coverage for  all  physicians  applied  to
    18  such insufficiency.
    19    (b)  Each  provider  of excess insurance coverage or equivalent excess
    20  coverage covering the period July 1, 1992 to June 30, 1993, or  covering
    21  the period July 1, 1993 to June 30, 1994, or covering the period July 1,
    22  1994  to  June 30, 1995, or covering the period July 1, 1995 to June 30,
    23  1996, or covering the period July 1, 1996 to June 30, 1997, or  covering
    24  the period July 1, 1997 to June 30, 1998, or covering the period July 1,
    25  1998  to  June 30, 1999, or covering the period July 1, 1999 to June 30,
    26  2000, or covering the period July 1, 2000 to June 30, 2001, or  covering
    27  the  period  July  1,  2001  to October 29, 2001, or covering the period
    28  April 1, 2002 to June 30, 2002, or covering the period July 1,  2002  to
    29  June  30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
    30  covering the period July 1, 2004 to June 30, 2005, or covering the peri-
    31  od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
    32  June 30, 2007, or covering the period July 1, 2007 to June 30, 2008,  or
    33  covering the period July 1, 2008 to June 30, 2009, or covering the peri-
    34  od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
    35  June  30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
    36  covering the period July 1, 2012 to June 30, 2013, or covering the peri-
    37  od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
    38  June 30, 2015, or covering the period July 1, 2015 to June 30, 2016,  or
    39  covering the period July 1, 2016 to June 30, 2017, or covering the peri-
    40  od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
    41  June  30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
    42  covering the period July 1, 2020 to June 30, 2021 shall notify a covered
    43  physician or dentist by mail, mailed to the address shown  on  the  last
    44  application for excess insurance coverage or equivalent excess coverage,
    45  of  the  amount  due to such provider from such physician or dentist for
    46  such coverage period determined in accordance with paragraph (a) of this
    47  subdivision. Such amount shall be due from such physician or dentist  to
    48  such provider of excess insurance coverage or equivalent excess coverage
    49  in  a  time  and  manner  determined  by the superintendent of financial
    50  services.
    51    (c) If a physician or dentist liable for payment of a portion  of  the
    52  costs  of excess insurance coverage or equivalent excess coverage cover-
    53  ing the period July 1, 1992 to June 30, 1993,  or  covering  the  period
    54  July  1,  1993  to June 30, 1994, or covering the period July 1, 1994 to
    55  June 30, 1995, or covering the period July 1, 1995 to June 30, 1996,  or
    56  covering the period July 1, 1996 to June 30, 1997, or covering the peri-

        S. 7506--B                         335                        A. 9506--B
 
     1  od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
     2  June  30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
     3  covering the period July 1, 2000 to June 30, 2001, or covering the peri-
     4  od  July  1,  2001  to October 29, 2001, or covering the period April 1,
     5  2002 to June 30, 2002, or covering the period July 1, 2002 to  June  30,
     6  2003,  or covering the period July 1, 2003 to June 30, 2004, or covering
     7  the period July 1, 2004 to June 30, 2005, or covering the period July 1,
     8  2005 to June 30, 2006, or covering the period July 1, 2006 to  June  30,
     9  2007,  or covering the period July 1, 2007 to June 30, 2008, or covering
    10  the period July 1, 2008 to June 30, 2009, or covering the period July 1,
    11  2009 to June 30, 2010, or covering the period July 1, 2010 to  June  30,
    12  2011,  or covering the period July 1, 2011 to June 30, 2012, or covering
    13  the period July 1, 2012 to June 30, 2013, or covering the period July 1,
    14  2013 to June 30, 2014, or covering the period July 1, 2014 to  June  30,
    15  2015,  or covering the period July 1, 2015 to June 30, 2016, or covering
    16  the period July 1, 2016 to June 30, 2017, or covering the period July 1,
    17  2017 to June 30, 2018, or covering the period July 1, 2018 to  June  30,
    18  2019,  or covering the period July 1, 2019 to June 30, 2020, or covering
    19  the period July 1, 2020 to June 30, 2021 determined in  accordance  with
    20  paragraph  (a)  of  this  subdivision fails, refuses or neglects to make
    21  payment to the provider  of  excess  insurance  coverage  or  equivalent
    22  excess coverage in such time and manner as determined by the superinten-
    23  dent  of  financial  services pursuant to paragraph (b) of this subdivi-
    24  sion, excess insurance coverage or equivalent excess coverage  purchased
    25  for  such  physician or dentist in accordance with this section for such
    26  coverage period shall be cancelled and shall be null and void as of  the
    27  first  day  on  or  after  the commencement of a policy period where the
    28  liability for payment pursuant to this subdivision has not been met.
    29    (d) Each provider of excess insurance coverage  or  equivalent  excess
    30  coverage  shall  notify the superintendent of financial services and the
    31  commissioner of health or their designee of each physician  and  dentist
    32  eligible  for  purchase  of  a  policy  for excess insurance coverage or
    33  equivalent excess coverage covering the period July 1, 1992 to June  30,
    34  1993,  or covering the period July 1, 1993 to June 30, 1994, or covering
    35  the period July 1, 1994 to June 30, 1995, or covering the period July 1,
    36  1995 to June 30, 1996, or covering the period July 1, 1996 to  June  30,
    37  1997,  or covering the period July 1, 1997 to June 30, 1998, or covering
    38  the period July 1, 1998 to June 30, 1999, or covering the period July 1,
    39  1999 to June 30, 2000, or covering the period July 1, 2000 to  June  30,
    40  2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
    41  ing  the  period  April 1, 2002 to June 30, 2002, or covering the period
    42  July 1, 2002 to June 30, 2003, or covering the period July  1,  2003  to
    43  June  30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
    44  covering the period July 1, 2005 to June 30, 2006, or covering the peri-
    45  od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
    46  June 30, 2008, or covering the period July 1, 2008 to June 30, 2009,  or
    47  covering the period July 1, 2009 to June 30, 2010, or covering the peri-
    48  od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
    49  June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
    50  covering the period July 1, 2013 to June 30, 2014, or covering the peri-
    51  od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
    52  June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  or
    53  covering the period July 1, 2017 to June 30, 2018, or covering the peri-
    54  od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
    55  June 30, 2020, or covering the period July 1, 2020 to June 30, 2021 that
    56  has made payment to such provider of excess insurance coverage or equiv-

        S. 7506--B                         336                        A. 9506--B
 
     1  alent  excess coverage in accordance with paragraph (b) of this subdivi-
     2  sion and of each physician  and  dentist  who  has  failed,  refused  or
     3  neglected to make such payment.
     4    (e)  A  provider  of  excess  insurance  coverage or equivalent excess
     5  coverage shall refund to the hospital excess liability pool  any  amount
     6  allocable to the period July 1, 1992 to June 30, 1993, and to the period
     7  July  1,  1993  to June 30, 1994, and to the period July 1, 1994 to June
     8  30, 1995, and to the period July 1, 1995 to June 30, 1996,  and  to  the
     9  period  July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
    10  June 30, 1998, and to the period July 1, 1998 to June 30, 1999,  and  to
    11  the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
    12  to  June  30,  2001, and to the period July 1, 2001 to October 29, 2001,
    13  and to the period April 1, 2002 to June 30, 2002, and to the period July
    14  1, 2002 to June 30, 2003, and to the period July 1,  2003  to  June  30,
    15  2004, and to the period July 1, 2004 to June 30, 2005, and to the period
    16  July  1,  2005  to June 30, 2006, and to the period July 1, 2006 to June
    17  30, 2007, and to the period July 1, 2007 to June 30, 2008,  and  to  the
    18  period  July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
    19  June 30, 2010, and to the period July 1, 2010 to June 30, 2011,  and  to
    20  the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
    21  to  June  30, 2013, and to the period July 1, 2013 to June 30, 2014, and
    22  to the period July 1, 2014 to June 30, 2015, and to the period  July  1,
    23  2015  to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
    24  to the period July 1, 2017 to June 30, 2018, and to the period  July  1,
    25  2018  to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
    26  and to the period July 1, 2020 to June 30, 2021 received from the hospi-
    27  tal excess liability pool for purchase of excess insurance  coverage  or
    28  equivalent  excess coverage covering the period July 1, 1992 to June 30,
    29  1993, and covering the period July 1, 1993 to June 30, 1994, and  cover-
    30  ing  the  period  July 1, 1994 to June 30, 1995, and covering the period
    31  July 1, 1995 to June 30, 1996, and covering the period July 1,  1996  to
    32  June  30,  1997,  and covering the period July 1, 1997 to June 30, 1998,
    33  and covering the period July 1, 1998 to June 30, 1999, and covering  the
    34  period  July  1,  1999 to June 30, 2000, and covering the period July 1,
    35  2000 to June 30, 2001, and covering the period July 1, 2001  to  October
    36  29,  2001,  and  covering the period April 1, 2002 to June 30, 2002, and
    37  covering the period July 1, 2002 to June  30,  2003,  and  covering  the
    38  period  July  1,  2003 to June 30, 2004, and covering the period July 1,
    39  2004 to June 30, 2005, and covering the period July 1, 2005 to June  30,
    40  2006,  and covering the period July 1, 2006 to June 30, 2007, and cover-
    41  ing the period July 1, 2007 to June 30, 2008, and  covering  the  period
    42  July  1,  2008 to June 30, 2009, and covering the period July 1, 2009 to
    43  June 30, 2010, and covering the period July 1, 2010 to  June  30,  2011,
    44  and  covering the period July 1, 2011 to June 30, 2012, and covering the
    45  period July 1, 2012 to June 30, 2013, and covering the  period  July  1,
    46  2013  to June 30, 2014, and covering the period July 1, 2014 to June 30,
    47  2015, and covering the period July 1, 2015 to June 30, 2016, and  cover-
    48  ing  the  period  July 1, 2016 to June 30, 2017, and covering the period
    49  July 1, 2017 to June 30, 2018, and covering the period July 1,  2018  to
    50  June  30,  2019,  and covering the period July 1, 2019 to June 30, 2020,
    51  and covering the period July 1, 2020 to June 30, 2021 for a physician or
    52  dentist where such excess insurance coverage or equivalent excess cover-
    53  age is cancelled in accordance with paragraph (c) of this subdivision.
    54    § 4. Intentionally omitted.
    55    § 5. Section 40 of chapter 266 of the laws of 1986, amending the civil
    56  practice law and rules  and  other  laws  relating  to  malpractice  and

        S. 7506--B                         337                        A. 9506--B
 
     1  professional medical conduct, as amended by section 4 of part F of chap-
     2  ter 57 of the laws of 2019, is amended to read as follows:
     3    §  40.  The superintendent of financial services shall establish rates
     4  for policies providing coverage  for  physicians  and  surgeons  medical
     5  malpractice  for the periods commencing July 1, 1985 and ending June 30,
     6  [2020] 2021; provided, however, that notwithstanding any other provision
     7  of law, the superintendent shall not establish or approve  any  increase
     8  in  rates  for  the  period  commencing July 1, 2009 and ending June 30,
     9  2010. The superintendent shall direct insurers to  establish  segregated
    10  accounts  for premiums, payments, reserves and investment income attrib-
    11  utable to such premium periods and shall require periodic reports by the
    12  insurers regarding claims and expenses attributable to such  periods  to
    13  monitor whether such accounts will be sufficient to meet incurred claims
    14  and  expenses. On or after July 1, 1989, the superintendent shall impose
    15  a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
    16  attributable  to the premium levels established pursuant to this section
    17  for such periods; provided, however, that such  annual  surcharge  shall
    18  not  exceed  eight  percent of the established rate until July 1, [2020]
    19  2021, at which time and thereafter such surcharge shall not exceed twen-
    20  ty-five percent of the approved adequate  rate,  and  that  such  annual
    21  surcharges shall continue for such period of time as shall be sufficient
    22  to  satisfy  such  deficiency.  The superintendent shall not impose such
    23  surcharge during the period commencing July 1, 2009 and ending June  30,
    24  2010.  On  and  after  July  1,  1989,  the surcharge prescribed by this
    25  section shall be retained by insurers to the extent  that  they  insured
    26  physicians  and surgeons during the July 1, 1985 through June 30, [2020]
    27  2021 policy periods; in the event  and  to  the  extent  physicians  and
    28  surgeons  were  insured by another insurer during such periods, all or a
    29  pro rata share of the surcharge, as the case may be, shall  be  remitted
    30  to  such  other  insurer  in accordance with rules and regulations to be
    31  promulgated by the superintendent.  Surcharges collected from physicians
    32  and surgeons who were not insured during such policy  periods  shall  be
    33  apportioned  among  all insurers in proportion to the premium written by
    34  each insurer during such policy periods; if a physician or  surgeon  was
    35  insured by an insurer subject to rates established by the superintendent
    36  during  such  policy  periods,  and  at  any time thereafter a hospital,
    37  health maintenance organization, employer or institution is  responsible
    38  for  responding in damages for liability arising out of such physician's
    39  or surgeon's practice of medicine, such responsible  entity  shall  also
    40  remit  to  such  prior  insurer the equivalent amount that would then be
    41  collected as a surcharge if the physician or surgeon  had  continued  to
    42  remain  insured  by  such  prior  insurer. In the event any insurer that
    43  provided coverage during such policy  periods  is  in  liquidation,  the
    44  property/casualty  insurance  security fund shall receive the portion of
    45  surcharges to which the insurer in liquidation would have been entitled.
    46  The surcharges authorized herein shall be deemed to be income earned for
    47  the purposes of section 2303 of the insurance law.  The  superintendent,
    48  in  establishing  adequate  rates and in determining any projected defi-
    49  ciency pursuant to the requirements of this section  and  the  insurance
    50  law,  shall  give  substantial  weight, determined in his discretion and
    51  judgment, to the  prospective  anticipated  effect  of  any  regulations
    52  promulgated  and  laws  enacted  and the public benefit of   stabilizing
    53  malpractice rates and minimizing rate level fluctuation during the peri-
    54  od of time necessary for the development of  more  reliable  statistical
    55  experience  as  to  the  efficacy of such laws and regulations affecting
    56  medical, dental or podiatric malpractice enacted or promulgated in 1985,

        S. 7506--B                         338                        A. 9506--B
 
     1  1986, by this act and at any other time.  Notwithstanding any  provision
     2  of the insurance law, rates already established and to be established by
     3  the  superintendent pursuant to this section are deemed adequate if such
     4  rates  would be adequate when taken together with the maximum authorized
     5  annual surcharges to be imposed for a reasonable period of time  whether
     6  or  not  any  such  annual surcharge has been actually imposed as of the
     7  establishment of such rates.
     8    § 6. Section 5 and subdivisions (a) and (e) of section 6 of part J  of
     9  chapter  63  of  the  laws  of 2001, amending chapter 266 of the laws of
    10  1986, amending the civil practice law and rules and other laws  relating
    11  to malpractice and professional medical conduct, as amended by section 5
    12  of  part  F  of  chapter  57 of the laws of 2019, are amended to read as
    13  follows:
    14    § 5. The superintendent of financial services and the commissioner  of
    15  health shall determine, no later than June 15, 2002, June 15, 2003, June
    16  15,  2004,  June  15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
    17  June 15, 2009, June 15, 2010, June 15, 2011, June  15,  2012,  June  15,
    18  2013,  June  15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
    19  15, 2018, June 15, 2019, [and] June 15, 2020,  and  June  15,  2021  the
    20  amount of funds available in the hospital excess liability pool, created
    21  pursuant  to  section 18 of chapter 266 of the laws of 1986, and whether
    22  such funds are sufficient for purposes of  purchasing  excess  insurance
    23  coverage  for  eligible participating physicians and dentists during the
    24  period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,  2003,
    25  or  July  1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or
    26  July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July
    27  1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or  July  1,
    28  2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011
    29  to  June  30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to
    30  June 30, 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June
    31  30, 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June  30,
    32  2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
    33  2020, or July 1, 2020 to June 30, 2021 as applicable.
    34    (a) This section shall be effective only upon a determination,  pursu-
    35  ant  to  section  five  of  this act, by the superintendent of financial
    36  services and the commissioner of health, and  a  certification  of  such
    37  determination  to  the  state  director  of the budget, the chair of the
    38  senate committee on finance and the chair of the assembly  committee  on
    39  ways  and means, that the amount of funds in the hospital excess liabil-
    40  ity pool, created pursuant to section 18 of chapter 266 of the  laws  of
    41  1986, is insufficient for purposes of purchasing excess insurance cover-
    42  age for eligible participating physicians and dentists during the period
    43  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
    44  1,  2003  to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
    45  2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
    46  to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1,  2009  to
    47  June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
    48  30,  2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
    49  2014, or July 1, 2014 to June 30, 2015, or July  1,  2015  to  June  30,
    50  2016,  or  July  1,  2016  to June 30, 2017, or July 1, 2017 to June 30,
    51  2018, or July 1, 2018 to June 30, 2019, or July  1,  2019  to  June  30,
    52  2020, or July 1, 2020 to June 30, 2021 as applicable.
    53    (e)  The  commissioner  of  health  shall  transfer for deposit to the
    54  hospital excess liability pool created pursuant to section 18 of chapter
    55  266 of the laws of 1986 such amounts as directed by  the  superintendent
    56  of  financial  services  for  the purchase of excess liability insurance

        S. 7506--B                         339                        A. 9506--B
 
     1  coverage for eligible participating  physicians  and  dentists  for  the
     2  policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
     3  2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
     4  2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
     5  2007, as applicable, and the cost of administering the  hospital  excess
     6  liability pool for such applicable policy year,  pursuant to the program
     7  established  in  chapter  266  of the laws of 1986, as amended, no later
     8  than June 15, 2002, June 15, 2003, June 15, 2004, June  15,  2005,  June
     9  15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
    10  June 15, 2011, June 15, 2012, June 15, 2013, June  15,  2014,  June  15,
    11  2015,  June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, [and]
    12  June 15, 2020, and June 15, 2021 as applicable.
    13    § 7.  Section 20 of part H of chapter 57 of the laws of 2017, amending
    14  the New York  Health Care Reform Act of 1996 and other laws relating  to
    15  extending  certain provisions thereto, as amended by section 6 of part F
    16  of chapter 57 of the laws of 2019, is amended to read as follows:
    17    § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
    18  only  physicians  or dentists who were eligible, and for whom the super-
    19  intendent of financial services and the commissioner of health, or their
    20  designee, purchased, with funds available in the hospital excess liabil-
    21  ity pool, a full or partial policy for  excess  coverage  or  equivalent
    22  excess  coverage  for  the coverage period ending the thirtieth of June,
    23  two thousand [nineteen,] twenty, shall be eligible  to  apply  for  such
    24  coverage  for the coverage period beginning the first of July, two thou-
    25  sand [nineteen;] twenty; provided,  however,  if  the  total  number  of
    26  physicians  or  dentists  for  whom  such  excess coverage or equivalent
    27  excess coverage was purchased for the policy year ending  the  thirtieth
    28  of  June,  two  thousand  [nineteen]  twenty exceeds the total number of
    29  physicians or dentists certified as eligible  for  the  coverage  period
    30  beginning  the  first of July, two thousand [nineteen,] twenty, then the
    31  general hospitals may certify additional eligible physicians or dentists
    32  in a number equal to such general hospital's proportional share  of  the
    33  total  number  of  physicians  or  dentists  for whom excess coverage or
    34  equivalent excess coverage was purchased with  funds  available  in  the
    35  hospital excess liability pool as of the thirtieth of June, two thousand
    36  [nineteen,]  twenty,  as applied to the difference between the number of
    37  eligible physicians or dentists for whom a policy for excess coverage or
    38  equivalent excess coverage was purchased for the coverage period  ending
    39  the  thirtieth of June, two thousand [nineteen] twenty and the number of
    40  such eligible physicians or dentists who have applied for excess  cover-
    41  age  or equivalent excess coverage for the coverage period beginning the
    42  first of July, two thousand [nineteen] twenty.
    43    § 8. This act shall take effect April 1, 2020, provided,  however,  if
    44  this  act  shall become a law after such date it shall take effect imme-
    45  diately and shall be deemed to have been in full force and effect on and
    46  after April 1, 2020.
 
    47                                  PART BBB

    48                            Intentionally Omitted
 
    49                                  PART CCC
 
    50    Section 1. Subdivisions 1, 4 and 5 of section 92 of part H of  chapter
    51  59  of  the  laws of 2011, amending the public health law and other laws
    52  relating to known and projected department of health state fund Medicaid

        S. 7506--B                         340                        A. 9506--B
 
     1  expenditures, subdivision 1 as amended by section 1 of part D of chapter
     2  57 of the laws of 2019, subdivision 5 as amended by section 33-a of part
     3  C of chapter 60 of the laws of 2014 and paragraph (g) of  subdivision  5
     4  as  added by section 19 of part B of chapter 59 of the laws of 2016, are
     5  amended to read as follows:
     6    1. (a) For state fiscal years 2011-12 through [2020-2021] 2021-22, the
     7  director of the budget, in consultation with the commissioner of  health
     8  referenced  as "commissioner" for purposes of this section, shall assess
     9  on a monthly basis, as reflected in monthly reports pursuant to subdivi-
    10  sion five of this section known and projected department of health state
    11  funds medicaid expenditures by category of  service  and  by  geographic
    12  regions,  as  defined  by  the commissioner[, and if the director of the
    13  budget determines that such].
    14    (b) If such expenditures are expected to cause medicaid  disbursements
    15  for  such  period  to exceed the projected department of health medicaid
    16  state funds disbursements in the enacted budget financial plan  pursuant
    17  to  subdivision  3  of section 23 of the state finance law, [the commis-
    18  sioner of health, in consultation with the director of the budget, shall
    19  develop] a medicaid savings allocation [plan] adjustment shall be imple-
    20  mented to limit such spending to the aggregate limit level specified  in
    21  the   enacted   budget   financial   plan[,   provided,   however,  such
    22  projections].  Such adjustment shall be applied equally  across  catego-
    23  ries  of  service  unless  projections demonstrate, as determined by the
    24  commissioner of health, in consultation with the director of the budget,
    25  a specific category or categories of service  are  responsible  for  the
    26  growth of expenditures, in which instance the commissioner of health, in
    27  consultation with the director of the budget may limit implementation of
    28  the  adjustment  to  such category or categories of service. The commis-
    29  sioner of health  shall  notify  impacted  providers  of  an  allocation
    30  adjustment that will impact their reimbursements through a public notice
    31  consistent with 42 C.F.R. § 447.205 issued at least thirty days prior to
    32  implementation of the allocation adjustment.  If prior to implementation
    33  of  any  such  adjustment,  the  commissioner of health develops a plan,
    34  subject to the approval of the  director  of  budget,  to  take  actions
    35  necessary to avoid a Medicaid savings allocation adjustment, the commis-
    36  sioner  of  health  may  pursue such actions to avoid a Medicaid savings
    37  allocation adjustment.
    38    (c) Projections may be adjusted by  the  director  of  the  budget  to
    39  account for any changes in the New York state federal medical assistance
    40  percentage  amount  established  pursuant to the federal social security
    41  act, changes in provider revenues, reductions to local  social  services
    42  district  medical assistance administration, minimum wage increases, and
    43  beginning April 1, 2012 the operational costs  of  the  New  York  state
    44  medical  indemnity fund and state costs or savings from the basic health
    45  plan.  Such projections may be adjusted by the director of the budget to
    46  account for increased or expedited  department  of  health  state  funds
    47  medicaid  expenditures  as a result of a natural or other type of disas-
    48  ter, including a governmental declaration of emergency.
    49    4. In accordance with the medicaid savings allocation  [plan]  adjust-
    50  ment  under  subdivision  1  of  this  section,  the commissioner of the
    51  department of health shall reduce department of health state funds medi-
    52  caid disbursements by the amount of the projected overspending  through,
    53  actions including, but not limited to modifying or suspending reimburse-
    54  ment  methods, including but not limited to all fees, premium levels and
    55  rates of payment,  provided however that any changes are consistent with
    56  actuarial soundness principles  and  requirements,  notwithstanding  any

        S. 7506--B                         341                        A. 9506--B
 
     1  provision of law that sets a specific amount or methodology for any such
     2  payments or rates of payment; modifying Medicaid program benefits; seek-
     3  ing all necessary Federal approvals, including, but not limited to state
     4  plan  amendments, waivers, waiver amendments; and suspending time frames
     5  for notice, approval or certification  of  rate  requirements,  notwith-
     6  standing  any  provision  of  law,  rule  or regulation to the contrary,
     7  including but not limited to sections 2807 and 3614 of the public health
     8  law, section 18 of  chapter  2  of  the  laws  of  1988,  and  18  NYCRR
     9  505.14(h).
    10    5.  The  commissioner  of health, in consultation with the director of
    11  budget, shall prepare a monthly report that sets forth:
    12    (a) known and projected department of health medicaid expenditures  as
    13  described  in  subdivision  one  of this section, and factors that could
    14  result in medicaid disbursements for the relevant state fiscal  year  to
    15  exceed  the  projected department of health state funds disbursements in
    16  the enacted budget financial plan pursuant to subdivision 3  of  section
    17  23  of  the state finance law, including spending increases or decreases
    18  due to: enrollment fluctuations, rate changes, utilization changes,  MRT
    19  investments,  and shift of beneficiaries to managed care; and variations
    20  in offline medicaid payments;
    21    (b) the actions taken to implement  any  medicaid  savings  allocation
    22  [plan] adjustment implemented pursuant to [subdivision] subdivisions one
    23  and four of this section, including information concerning the impact of
    24  such  actions  on each category of service and each geographic region of
    25  the state.
    26    (c) The price, to include the base rate plus any upcoming rate adjust-
    27  ment; utilization, to include current enrollment,  projected  enrollment
    28  changes  and  acuity;  and  Medicaid Redesign Team initiatives, one-time
    29  initiatives and other initiatives describing the proposed budget  action
    30  impact,  any  prior year initiative with current and future year impacts
    31  for the following categories of spending:
    32    (i) inpatient;
    33    (ii) outpatient;
    34    (iii) emergency room;
    35    (iv) clinic;
    36    (v) nursing homes;
    37    (vi) other long term care;
    38    (vii) medicaid managed care;
    39    (viii) family health plus;
    40    (ix) pharmacy;
    41    (x) transportation;
    42    (xi) dental;
    43    (xii) non-institutional and all other categories;
    44    (xiii) affordable housing;
    45    (xiv) vital access provider services;
    46    (xv) behavioral health vital access provider services;
    47    (xvi) health home establishment grants;
    48    (xvii) grants for facilitating transition of behavioral health service
    49  to managed care;
    50    (xviii) Finger Lakes health services agency;
    51    (xix) the transition of vulnerable populations to managed care;
    52    (xx) audit recoveries and settlements; and
    53    (d) where price and utilization are not applicable,  detail  shall  be
    54  provided on spending, to include but not be limited to:
    55    (i) demographic information of targeted recipients;
    56    (ii) number of recipients;

        S. 7506--B                         342                        A. 9506--B
 
     1    (iii) award amounts;
     2    (iv) timing of awards; and
     3    (v) the impact of Medicaid Redesign Team and/or one-time initiatives.
     4    Information  required  by  paragraphs  (a) and (b) of this subdivision
     5  shall be provided to the chairs of the senate finance and  the  assembly
     6  ways  and  means  committees,  and  shall be posted on the department of
     7  health's website in the timely manner.
     8    (e) Beginning on July 1,  2014,  additional  information  required  by
     9  paragraphs  (c)  and  (d)  of  this subdivision shall be provided to the
    10  governor, the temporary president of the  senate,  the  speaker  of  the
    11  assembly,  the  chair  of the senate finance committee, the chair of the
    12  assembly ways and means committee, and the  chairs  of  the  senate  and
    13  assembly health committees.
    14    (f)  any  projected Medicaid savings determined by the commissioner of
    15  health pursuant to section 34 of part C of a  chapter  of  the  laws  of
    16  2014,  relating  to  the implementation of the health and mental hygiene
    17  budget, and the proposed allocation plan spending adjustment with regard
    18  to such savings.
    19    (g) any material impact to the global  cap  annual  projection,  along
    20  with  an  explanation of the variance from the projection at the time of
    21  the enacted budget. Such material impacts  shall  include,  but  not  be
    22  limited  to,  policy and programmatic changes, significant transactions,
    23  and any actions taken, administrative or otherwise,  which  would  mate-
    24  rially  impact expenditures under the global cap. Reporting requirements
    25  under this paragraph shall include material impacts from  the  preceding
    26  month  and  any  anticipated material impacts for the month in which the
    27  report required under this subdivision is issued, as well as anticipated
    28  material impacts for the month subsequent to such report.
    29    § 2.  This act shall take effect immediately and shall  be  deemed  to
    30  have been in full force and effect on and after April 1, 2020; provided,
    31  however,  that  the director of the budget may, in consultation with the
    32  commissioner of health, delay the effective dates of paragraphs (b)  and
    33  (c)  of  subdivision 1 of section 92 of part H of chapter 59 of the laws
    34  of 2011, as added by section one of this act for a period of time  which
    35  shall  not exceed ninety days following the conclusion or termination of
    36  an executive order issued pursuant to section 28 of  the  executive  law
    37  declaring  a  state disaster emergency for the entire state of New York,
    38  upon such delay the director of the budget shall notify  the  chairs  of
    39  the  assembly  ways and means committee and senate finance committee and
    40  the chairs of  the  assembly  and  senate  health  committees;  provided
    41  further,  however,  that  the  director  of  the budget shall notify the
    42  legislative bill drafting commission upon the occurrence of a  delay  in
    43  the effective date of this act in order that the commission may maintain
    44  an  accurate  and timely effective data base of the official text of the
    45  laws of the state  of  New  York  in  furtherance  of  effectuating  the
    46  provisions  of section 44 of the legislative law and section 70-b of the
    47  public officers law.
 
    48                                  PART DDD
 
    49    Section 1.  Subparagraph (B) of paragraph 15-a of  subsection  (i)  of
    50  section  3216  of the insurance law, as added by chapter 378 of the laws
    51  of 1993 and such paragraph as renumbered by chapter 338 of the  laws  of
    52  2003, is amended to read as follows:
    53    (B) Such coverage may be subject to annual deductibles and coinsurance
    54  as may be deemed appropriate by the superintendent and as are consistent

        S. 7506--B                         343                        A. 9506--B
 
     1  with  those  established  for  other  benefits  within  a  given policy;
     2  provided however, the total amount that a covered person is required  to
     3  pay out of pocket for covered prescription insulin drugs shall be capped
     4  at  an  amount  not to exceed one hundred dollars per thirty-day supply,
     5  regardless of the amount or type of insulin needed to fill such  covered
     6  person's prescription and regardless of the insured's deductible, copay-
     7  ment, coinsurance or any other cost sharing requirement.
     8    § 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
     9  of  the insurance law, as amended by chapter 338 of the laws of 2003, is
    10  amended to read as follows:
    11    (B) Such coverage may be subject to annual deductibles and coinsurance
    12  as may be deemed appropriate by the superintendent and as are consistent
    13  with those  established  for  other  benefits  within  a  given  policy;
    14  provided  however, the total amount that a covered person is required to
    15  pay out of pocket for covered prescription insulin drugs shall be capped
    16  at an amount not to exceed one hundred dollars  per  thirty-day  supply,
    17  regardless  of the amount or type of insulin needed to fill such covered
    18  person's prescription and regardless of the insured's deductible, copay-
    19  ment, coinsurance or any other cost sharing requirement.
    20    § 3. Paragraph 2 of subsection (u) of section 4303  of  the  insurance
    21  law,  as  amended by chapter 338 of the laws of 2003, is amended to read
    22  as follows:
    23    (2) Such coverage may be subject to annual deductibles and coinsurance
    24  as may be deemed appropriate by the superintendent and as are consistent
    25  with those  established  for  other  benefits  within  a  given  policy;
    26  provided  however, the total amount that a covered person is required to
    27  pay out of pocket for covered prescription insulin drugs shall be capped
    28  at an amount not to exceed one hundred dollars  per  thirty-day  supply,
    29  regardless  of the amount or type of insulin needed to fill such covered
    30  person's prescription and regardless of the insured's deductible, copay-
    31  ment, coinsurance or any other cost sharing requirement.
    32    § 4. This act shall take effect immediately and  shall  apply  to  any
    33  policy or contract issued or renewed on or after January 1, 2021.
 
    34                                  PART EEE
 
    35    Section  1.  Section  527  of the public authorities law is amended by
    36  adding a new subdivision 3 to read as follows:
    37    3. Notwithstanding any inconsistent provision of this section, on  the
    38  effective  date  of  this  subdivision  the  term  of  each board member
    39  currently in office, or any vacant position, shall  be  deemed  expired,
    40  and  each  such  board  members may continue to serve in holdover status
    41  until their successor is appointed by the governor and with  the  advice
    42  and  consent  of the senate and the provisions of section thirty-nine of
    43  the public officers law relating to recess appointments shall  apply  to
    44  such  appointments.  Initial appointments made pursuant to this subdivi-
    45  sion shall be for the following terms, the first three of  such  initial
    46  appointments  shall be for a term of three years, the second two of such
    47  initial appointments shall be for a term of five years, and final two of
    48  such initial appointments shall be for a  term  of  seven  years.  After
    49  these initial terms have expired, board members shall be appointed for a
    50  term  of five years, provided, however, that each board member may serve
    51  in holdover until a successor board member is  appointed.  Vacancies  in
    52  the  office of such board occurring otherwise than by expiration of term
    53  also shall be filled by the governor by  appointment  by  and  with  the
    54  advice  and  consent  of  the  senate  for  the  unexpired term, and the

        S. 7506--B                         344                        A. 9506--B
 
     1  provisions of section thirty-nine of the public officers law relating to
     2  recess appointments shall apply to such board.
     3    §  2.  The  New York State Bridge Authority and New York state thruway
     4  authority shall be authorized to enter  into  a  coordination  agreement
     5  which  shall address the optimization of services to create efficiencies
     6  between the two entities. The content of such agreement may include, but
     7  is not limited to, equipment, office space, real property, services  and
     8  all  other  resources  related to procurement, construction, engineering
     9  services, legal services, administrative services,  financial  services,
    10  information technology, and any other related subject area as determined
    11  by  the boards of the New York State Bridge Authority and New York state
    12  thruway authority. Such agreement or any project undertaken pursuant  to
    13  such  agreement  shall not be deemed to impair the rights of bondholders
    14  and may provide for, but not be limited to, the management,  supervision
    15  and  direction of such employees' performance of such services. Further,
    16  such agreement shall not amend, repeal  or  replace  the  terms  of  any
    17  agreement  that  is  collectively  negotiated between an employer and an
    18  employee organization, including an agreement  or  interest  arbitration
    19  award made pursuant to article 14 of the civil service law.  Any employ-
    20  ee  or position that at the time of the effective date of this act shall
    21  have been in a negotiating unit represented by an employee  organization
    22  which  was  certified  or recognized pursuant to article 14 of the civil
    23  service law shall remain in said bargaining unit and shall  continue  to
    24  be  represented  by  said employee organization. Any and all terms of an
    25  existing collective bargaining agreement shall remain in full force  and
    26  effect.  New  employees  shall be assigned to the appropriate bargaining
    27  unit as they would have been assigned to were such title  created  prior
    28  to  the  effective date of this act including employees serving in posi-
    29  tions in newly created titles. There shall be  no  reduction  of  staff,
    30  loss  of  position, including partial displacement, such as reduction in
    31  the hours or non-overtime, wages, or employment  benefits  solely  as  a
    32  result of the creation of this coordination agreement.
    33    § 3. This act shall take effect immediately.
 
    34                                  PART FFF
 
    35    Section  1.    The  Legislature hereby finds and declares that medical
    36  assistance for needy persons is a matter of public concern and a  neces-
    37  sity  in  promoting  the public health and welfare and for promoting the
    38  state's goal of making available to everyone, regardless of  race,  age,
    39  gender,  national  origin  or  economic  standing, uniform, high-quality
    40  medical care. As the department of health is  the  single  state  agency
    41  responsible  for  supervising  the administration of the state's medical
    42  assistance program (Medicaid), it is tasked  with  ensuring  efficiency,
    43  economy,  and quality of care in providing benefits to the state's needy
    44  persons. To this end and with the fiscal constraints facing our state in
    45  mind, the department of health continues to analyze the Medicaid program
    46  in search of ways to ensure Medicaid spending is held to the standard of
    47  efficiency, economy, and quality of care. In consideration of this stan-
    48  dard, the department of health is hereby directed to exercise its exist-
    49  ing administrative authority to remove the pharmacy benefit from managed
    50  care benefit package and instead provide the pharmacy benefit under  the
    51  fee for service program, except where otherwise required by federal law,
    52  to  ensure  transparency and that the benefit is provided to the fullest
    53  extent and as efficiently  as  possible;  provided,  however,  that  the
    54  department  of health shall not implement the transition of the pharmacy

        S. 7506--B                         345                        A. 9506--B
 
     1  benefit from the managed care benefit package to  the  fee  for  service
     2  program  sooner  than  April 1, 2021, and until it is satisfied that all
     3  necessary and appropriate transition planning has occurred, in its  sole
     4  discretion,  and  federal  approvals have been obtained and preparations
     5  have been made. Furthermore, to ensure an orderly transition,  continued
     6  access  to  medications,  and appropriate patient education and support,
     7  the department may establish uniform  standards,  payment  policies  and
     8  reimbursement  methodologies  for  any sites where drugs may be adminis-
     9  tered or dispensed under the fee for  service  program;  provided  that,
    10  subject  to  the  availability  of federal financial participation, when
    11  reimbursing covered entities, as  defined  under  section  340B  of  the
    12  public health service act (42 U.S.C. §256b), for drugs that would other-
    13  wise  be  eligible  for  pricing under section 340B of the public health
    14  service act, the department shall examine all reasonably available meth-
    15  ods  for  determining  actual  acquisition  cost  and  the  professional
    16  dispensing fee and, beginning in the fiscal year starting April 1, 2021,
    17  review  and adjust reimbursement for such drugs such that no sooner than
    18  April 1, 2023, reimbursement shall be determined based on a method  that
    19  the  commissioner  determines that utilizes the actual acquisition costs
    20  and professional dispensing fee.
    21    § 1-a. The commissioner of health  shall  convene  an  advisory  group
    22  composed of stakeholder representatives determined in the commissioner's
    23  sole  discretion,  for purposes of providing non-binding recommendations
    24  to the department by October 1, 2020 on available methods  of  achieving
    25  savings  in the state fiscal years beginning on and after April 1, 2021,
    26  with respect to reimbursement for drugs eligible for pricing those under
    27  section 340B of the public health service act, and for which the depart-
    28  ment has existing authority to take such action.
    29    § 2. Paragraphs (c) and (d) of subdivision 2 of  section  280  of  the
    30  public  health  law, paragraph (c) as amended and paragraph (d) as added
    31  by section 5 of part B of chapter 57 of the laws of  2019,  are  amended
    32  and a new paragraph (e) is added to read as follows:
    33    (c)  for state fiscal year two thousand nineteen--two thousand twenty,
    34  be limited to the ten-year rolling average of the medical  component  of
    35  the  consumer price index plus four percent and minus a pharmacy savings
    36  target of eighty-five million dollars; [and]
    37    (d) for state fiscal year two thousand  twenty--two  thousand  twenty-
    38  one, be limited to the ten-year rolling average of the medical component
    39  of  the  consumer  price  index  plus [four percent and minus a pharmacy
    40  savings target of eighty-five million dollars.] two percent; and
    41    (e) for state fiscal year two thousand twenty-one--two thousand  twen-
    42  ty-two and fiscal years thereafter, be limited in accordance with subdi-
    43  vision  one of section ninety-one of part H of chapter fifty-nine of the
    44  laws of two thousand eleven, as amended.
    45    § 3. This act shall take effect immediately; provided,  however,  that
    46  the director of the budget may, in consultation with the commissioner of
    47  health, delay the effective dates prescribed herein for a period of time
    48  which  shall  not  exceed ninety days following the conclusion or termi-
    49  nation of an executive order issued pursuant to section 28 of the execu-
    50  tive law declaring a state disaster emergency for the  entire  state  of
    51  New  York,  upon  such delay the director of the budget shall notify the
    52  chairs of the assembly ways  and  means  committee  and  senate  finance
    53  committee  and  the  chairs of the assembly and senate health committee;
    54  provided further, however, that the director of the budget shall  notify
    55  the  legislative bill drafting commission upon the occurrence of a delay
    56  in the effective date of this act in order that the commission may main-

        S. 7506--B                         346                        A. 9506--B
 
     1  tain an accurate and timely effective data base of the official text  of
     2  the  laws  of  the  state of New York in furtherance of effectuating the
     3  provisions of section 44 of the legislative law and section 70-b of  the
     4  public officers law.
 
     5                                  PART GGG
 
     6    Section  1.  The  public health law is amended by adding a new article
     7  30-D to read as follows:
     8                                ARTICLE 30-D
     9               EMERGENCY OR DISASTER TREATMENT PROTECTION ACT
    10  Section 3080. Declaration of purpose.
    11          3081. Definitions.
    12          3082. Limitation of liability.
    13    § 3080. Declaration of purpose. A public health emergency that  occurs
    14  on a statewide basis requires an enormous response from state and feder-
    15  al  and  local  governments  working  in concert with private and public
    16  health care providers in the community. The furnishing of  treatment  of
    17  patients  during  such  a  public  health emergency is a matter of vital
    18  state concern affecting the public health, safety  and  welfare  of  all
    19  citizens.  It  is  the  purpose  of  this  article to promote the public
    20  health, safety and welfare of all citizens  by  broadly  protecting  the
    21  health  care facilities and health care professionals in this state from
    22  liability that may result from treatment of  individuals  with  COVID-19
    23  under conditions resulting from circumstances associated with the public
    24  health emergency.
    25    § 3081. Definitions. As used in this article:
    26    1.  The  term  "harm"  includes  physical and nonphysical contact that
    27  results in injury to or death of an individual.
    28    2. The term "damages" means economic or non-economic losses  for  harm
    29  to an individual.
    30    3.  The term "health care facility" means a hospital, nursing home, or
    31  other facility licensed or authorized to provide  health  care  services
    32  for  any  individual under article twenty-eight of this chapter, article
    33  sixteen and article thirty-one of the mental  hygiene  law  or  under  a
    34  COVID-19 emergency rule.
    35    4.  The  term  "health care professional" means an individual, whether
    36  acting as an agent, volunteer, contractor, employee, or  otherwise,  who
    37  is:
    38    (a)  licensed  or  otherwise authorized under title eight, article one
    39  hundred thirty-one, one hundred thirty-one-B, one hundred  thirty-one-C,
    40  one  hundred  thirty-seven,  one hundred thirty-nine, one hundred forty,
    41  one hundred fifty-three, one  hundred  fifty-four,  one  hundred  sixty-
    42  three, one hundred sixty-four or one hundred sixty-five of the education
    43  law;
    44    (b) a nursing attendant or certified nurse aide, including an individ-
    45  ual  who  is  providing care as part of an approved nursing attendant or
    46  certified nurse aide training program;
    47    (c) licensed or certified under article  thirty  of  this  chapter  to
    48  provide emergency medical services;
    49    (d)  a  home  care  services  worker  as defined in section thirty-six
    50  hundred thirteen of this chapter;
    51    (e) providing health care  services  within  the  scope  of  authority
    52  permitted by a COVID-19 emergency rule; or
    53    (f) a health care facility administrator, executive, supervisor, board
    54  member,  trustee  or other person responsible for directing, supervising

        S. 7506--B                         347                        A. 9506--B
 
     1  or managing a health care facility and its personnel or other individual
     2  in a comparable role.
     3    5. The term "health care services" means services provided by a health
     4  care  facility or a health care professional, regardless of the location
     5  where those services are provided, that relate to:
     6    (a) the diagnosis, prevention, or treatment of COVID-19;
     7    (b) the assessment or care  of  an  individual  with  a  confirmed  or
     8  suspected case of COVID-19; or
     9    (c)  the  care  of  any other individual who presents at a health care
    10  facility or to a health care  professional  during  the  period  of  the
    11  COVID-19 emergency declaration.
    12    6.  The  term "volunteer organization" means any organization, company
    13  or institution that has made its facility  or  facilities  available  to
    14  support the state's response and activities under the COVID-19 emergency
    15  declaration  and  in  accordance  with any applicable COVID-19 emergency
    16  rule.
    17    7. The term "COVID-19 emergency declaration" means the state  disaster
    18  emergency  declared  for  the entire state by executive order number two
    19  hundred two and any further amendments or modifications, and as  may  be
    20  further extended pursuant to section twenty-eight of the executive law.
    21    8.  The  term  "COVID-19  emergency  rule"  means any executive order,
    22  declaration, directive or other state or federal  authorization,  policy
    23  statement, rule-making, or regulation that waives, suspends, or modifies
    24  otherwise  applicable  state or federal law regarding scope of practice,
    25  such as modifications authorizing physicians licensed in  another  state
    26  to practice in the state of New York, or the delivery of care, including
    27  those  regarding  the  facility space in which care is delivered and the
    28  equipment used to deliver care, during the COVID-19  emergency  declara-
    29  tion.
    30    §  3082.  Limitation  of  liability. 1. Notwithstanding any law to the
    31  contrary, except as provided in subdivision two  of  this  section,  any
    32  health  care  facility  or  health care professional shall have immunity
    33  from any liability, civil or criminal, for any harm or  damages  alleged
    34  to  have  been sustained as a result of an act or omission in the course
    35  of arranging for or providing health care services, if:
    36    (a) the health care facility or health care professional is  arranging
    37  for  or  providing health care services pursuant to a COVID-19 emergency
    38  rule or otherwise in accordance with applicable law;
    39    (b) the act or omission occurs in  the  course  of  arranging  for  or
    40  providing  health  care  services and the treatment of the individual is
    41  impacted by the health care facility's  or  health  care  professional's
    42  decisions  or  activities  in response to or as a result of the COVID-19
    43  outbreak and in support of the state's directives; and
    44    (c) the health care facility or health care professional is  arranging
    45  for or providing health care services in good faith.
    46    2.  The immunity provided by subdivision one of this section shall not
    47  apply if the harm or damages were caused by an act or  omission  consti-
    48  tuting  willful  or  intentional  criminal misconduct, gross negligence,
    49  reckless misconduct, or intentional infliction of  harm  by  the  health
    50  care   facility  or  health  care  professional  providing  health  care
    51  services, provided, however, that acts, omissions or decisions resulting
    52  from a resource or staffing shortage shall not be considered to be will-
    53  ful or  intentional  criminal  misconduct,  gross  negligence,  reckless
    54  misconduct, or intentional infliction of harm.
    55    3.  Notwithstanding  any law to the contrary, a volunteer organization
    56  shall have immunity from any liability, civil or criminal, for any  harm

        S. 7506--B                         348                        A. 9506--B
 
     1  or damages irrespective of the cause of such harm or damage occurring in
     2  or  at  its facility or facilities arising from the state's response and
     3  activities under the COVID-19 emergency declaration  and  in  accordance
     4  with  any  applicable  COVID-19 emergency rule, unless it is established
     5  that such harm or damages were caused  by  the  willful  or  intentional
     6  criminal  misconduct,  gross  negligence, reckless misconduct, or inten-
     7  tional infliction of harm by the volunteer organization.
     8    § 2. This act shall take effect immediately and  shall  be  deemed  to
     9  have  been  in full force and effect on or after March 7, 2020 and shall
    10  apply to a claim for harm or damages only if the act  or  omission  that
    11  caused such harm or damage occurred on or after the date of the COVID-19
    12  emergency  declaration  and  on  or prior to the expiration date of such
    13  declaration; provided, however, this act shall not apply to any  act  or
    14  omission after the expiration of the COVID-19 emergency declaration.
 
    15                                  PART HHH
 
    16    Section  1.  Paragraph  (a)  of subdivision 1 of section 245.10 of the
    17  criminal procedure law, as added by section 2 of part LLL of chapter  59
    18  of the laws of 2019, is amended to read as follows:
    19    (a)  [The]  Subject to subparagraph (iv) of this paragraph, the prose-
    20  cution shall perform its initial discovery obligations under subdivision
    21  one of section 245.20 of this article as soon  as  practicable  but  not
    22  later  than  [fifteen calendar days after the defendant's arraignment on
    23  an indictment, superior  court  information,  prosecutor's  information,
    24  information,  simplified  information,  misdemeanor  complaint or felony
    25  complaint] the time periods specified in subparagraphs (i) and  (ii)  of
    26  this  paragraph, as applicable. Portions of materials claimed to be non-
    27  discoverable may be withheld pending a determination and ruling  of  the
    28  court  under  section 245.70 of this article; but the defendant shall be
    29  notified in writing that information has  not  been  disclosed  under  a
    30  particular subdivision of such section, and the discoverable portions of
    31  such  materials  shall  be disclosed to the extent practicable. When the
    32  discoverable materials, including video footage from body-worn  cameras,
    33  surveillance cameras, or dashboard cameras, are exceptionally voluminous
    34  or, despite diligent, good faith efforts, are otherwise not in the actu-
    35  al  possession of the prosecution, the time period in this paragraph may
    36  be stayed by up to an additional thirty calendar days without need for a
    37  motion pursuant to subdivision two of section 245.70 of this article.
    38    (i) When a defendant is in custody during the pendency of the criminal
    39  case, the prosecution shall perform its  initial  discovery  obligations
    40  within  twenty  calendar  days  after  the defendant's arraignment on an
    41  indictment, superior court information, prosecutor's information, infor-
    42  mation,  simplified  information,  misdemeanor   complaint   or   felony
    43  complaint.
    44    (ii)  When  the defendant is not in custody during the pendency of the
    45  criminal case, the prosecution shall perform its initial discovery obli-
    46  gations within thirty-five calendar days after the defendant's  arraign-
    47  ment on an indictment, superior court information, prosecutor's informa-
    48  tion,  information,  simplified  information,  misdemeanor  complaint or
    49  felony complaint.
    50    (iii) Notwithstanding the timelines contained in the opening paragraph
    51  of this paragraph, the prosecutor's discovery obligation under  subdivi-
    52  sion one of section 245.20 of this article shall be performed as soon as
    53  practicable,  but  not  later  than  fifteen  days before the trial of a
    54  simplified information charging a traffic infraction under  the  vehicle

        S. 7506--B                         349                        A. 9506--B
 
     1  and  traffic  law,  or  by  an  information  charging  one or more petty
     2  offenses as defined by the municipal code of a village, town,  city,  or
     3  county, that do not carry a statutorily authorized sentence of imprison-
     4  ment,  and  where  the defendant stands charged before the court with no
     5  crime or offense, provided however that  nothing  in  this  subparagraph
     6  shall  prevent  a  defendant from filing a motion for disclosure of such
     7  items and information under subdivision one of such  section  245.20  of
     8  this article at an earlier date.
     9    (iv)(A)  Portions  of  materials claimed to be non-discoverable may be
    10  withheld pending a determination and ruling of the court  under  section
    11  245.70  of  this article; but the defendant shall be notified in writing
    12  that information has not been disclosed under a  particular  subdivision
    13  of  such  section, and the discoverable portions of such materials shall
    14  be disclosed to the extent  practicable.    Information  related  to  or
    15  evidencing  the  identity  of  a 911 caller, the victim or witness of an
    16  offense defined under article one hundred thirty or sections 230.34  and
    17  230.34-a  of  the  penal  law, or any other victim or witness of a crime
    18  where the defendant has substantiated affiliation with a criminal enter-
    19  prise as defined in subdivision three of section 460.10 of the penal law
    20  may be withheld, provided, however, the defendant may move the court for
    21  disclosure.
    22    (B) When the discoverable materials are exceptionally  voluminous  or,
    23  despite  diligent,  good  faith efforts, are otherwise not in the actual
    24  possession of the prosecution, the time period in this paragraph may  be
    25  extended  pursuant  to  a  motion pursuant to subdivision two of section
    26  245.70 of this article.  For purposes of this article, voluminous  mate-
    27  rials  may include, but are not limited to, video footage from body worn
    28  cameras, surveillance cameras or dashboard cameras.
    29    § 2. Paragraphs (c), (f), (g) and (j)  of  subdivision  1  of  section
    30  245.20  of the criminal procedure law, as added by section 2 of part LLL
    31  of chapter 59 of the laws of 2019, are amended to read as follows:
    32    (c) The names and adequate contact information for all  persons  other
    33  than  law  enforcement  personnel  whom  the  prosecutor  knows  to have
    34  evidence or information relevant to any offense charged or to any poten-
    35  tial defense thereto, including a designation by the  prosecutor  as  to
    36  which of those persons may be called as witnesses. Nothing in this para-
    37  graph  shall  require  the  disclosure  of physical addresses; provided,
    38  however, upon a motion and good cause shown the  court  may  direct  the
    39  disclosure  of  a  physical  address. Information under this subdivision
    40  relating to the identity of a 911 caller, the victim or  witness  of  an
    41  offense  defined  under  article one hundred thirty or section 230.34 or
    42  230.34-a of the penal law, any other victim or witness of a crime  where
    43  the  defendant  has substantiated affiliation with a criminal enterprise
    44  as defined in subdivision three of section 460.10 of the penal law, or a
    45  confidential informant may be  withheld,  and  redacted  from  discovery
    46  materials,  without need for a motion pursuant to section 245.70 of this
    47  article; but the prosecution shall notify the defendant in writing  that
    48  such  information  has not been disclosed, unless the court rules other-
    49  wise for good cause shown.
    50    (f) Expert opinion evidence, including  the  name,  business  address,
    51  current  curriculum  vitae,  a list of publications, and [all] a list of
    52  proficiency tests and results administered or taken within the past  ten
    53  years  of  each  expert witness whom the prosecutor intends to call as a
    54  witness at trial or a pre-trial hearing, and all reports prepared by the
    55  expert that pertain to the case, or if no report is prepared, a  written
    56  statement  of  the facts and opinions to which the expert is expected to

        S. 7506--B                         350                        A. 9506--B
 
     1  testify and a summary of the grounds for each  opinion.  This  paragraph
     2  does  not  alter  or  in  any  way affect the procedures, obligations or
     3  rights set forth in section 250.10 of this title. If in the exercise  of
     4  reasonable  diligence  this  information  is  unavailable for disclosure
     5  within the time period specified in subdivision one of section 245.10 of
     6  this article, that period shall be stayed  without  need  for  a  motion
     7  pursuant  to  subdivision  two of section 245.70 of this article; except
     8  that the prosecution shall notify the defendant  in  writing  that  such
     9  information has not been disclosed, and such disclosure shall be made as
    10  soon  as  practicable  and not later than sixty calendar days before the
    11  first scheduled trial date, unless an  order  is  obtained  pursuant  to
    12  section 245.70 of this article. When the prosecution's expert witness is
    13  being  called  in  response  to  disclosure  of an expert witness by the
    14  defendant, the court shall alter a scheduled trial date,  if  necessary,
    15  to allow the prosecution thirty calendar days to make the disclosure and
    16  the  defendant  thirty  calendar  days to prepare and respond to the new
    17  materials.
    18    (g) All tapes or other electronic recordings, including all electronic
    19  recordings of 911 telephone calls made or received  in  connection  with
    20  the alleged criminal incident, and a designation by the prosecutor as to
    21  which  of the recordings under this paragraph the prosecution intends to
    22  introduce at trial or a pre-trial hearing. If the discoverable materials
    23  under this paragraph exceed ten hours in total length,  the  prosecution
    24  may  disclose  only the recordings that it intends to introduce at trial
    25  or a pre-trial hearing, along with a list of the source and  approximate
    26  quantity  of other recordings and their general subject matter if known,
    27  and the defendant shall have the right upon request to obtain recordings
    28  not previously disclosed. The prosecution shall disclose  the  requested
    29  materials as soon as practicable and not less than fifteen calendar days
    30  after  the  defendant's request, unless an order is obtained pursuant to
    31  section 245.70 of this article. The prosecution may withhold  the  names
    32  and  identifying information of any person who contacted 911 without the
    33  need for a protective order pursuant to section 245.70 of this  article,
    34  provided,  however, the defendant may move the court for disclosure.  If
    35  the prosecution intends to call such person as a witness at a  trial  or
    36  hearing,  the prosecution must disclose the name and contact information
    37  of such witness no later than fifteen days before such trial or hearing,
    38  or as soon as practicable.
    39    (j) All reports, documents, records, data, calculations  or  writings,
    40  including but not limited to preliminary tests and screening results and
    41  bench  notes and analyses performed or stored electronically, concerning
    42  physical or mental examinations, or scientific tests or  experiments  or
    43  comparisons,  relating  to  the criminal action or proceeding which were
    44  made by or at the request or direction of a public  servant  engaged  in
    45  law enforcement activity, or which were made by a person whom the prose-
    46  cutor  intends  to call as a witness at trial or a pre-trial hearing, or
    47  which the prosecution intends to introduce at trial or a pre-trial hear-
    48  ing. Information under this paragraph also includes, but is not  limited
    49  to,  laboratory  information  management system records relating to such
    50  materials, any preliminary or final  findings  of  non-conformance  with
    51  accreditation,  industry  or governmental standards or laboratory proto-
    52  cols, and any conflicting analyses or results  by  laboratory  personnel
    53  regardless  of the laboratory's final analysis or results. If the prose-
    54  cution submitted one or more items for testing to, or  received  results
    55  from,  a  forensic  science  laboratory  or similar entity not under the
    56  prosecution's direction or control, the court on motion of a party shall

        S. 7506--B                         351                        A. 9506--B
 
     1  issue subpoenas or orders to such laboratory or entity to cause  materi-
     2  als under this paragraph to be made available for disclosure. The prose-
     3  cution  shall  not  be  required  to  provide information related to the
     4  results  of  physical  or  mental  examinations,  or scientific tests or
     5  experiments or comparisons, unless and until such  examinations,  tests,
     6  experiments, or comparisons have been completed.
     7    §  3. Subdivisions 1 and 3 of section 245.70 of the criminal procedure
     8  law, as added by section 2 of part LLL of chapter  59  of  the  laws  of
     9  2019, are amended to read as follows:
    10    1.  Any  discovery subject to protective order. Upon a showing of good
    11  cause by either party, the court may at any time order that discovery or
    12  inspection of any kind of material or information under this article  be
    13  denied, restricted, conditioned or deferred, or make such other order as
    14  is  appropriate,  including, for 911 calls, allowing the disclosure of a
    15  transcript of an audio recording in lieu of the recording. The court may
    16  impose as a condition on discovery to a defendant that the  material  or
    17  information  to  be  discovered  be  available  only  to counsel for the
    18  defendant; or,  alternatively,  that  counsel  for  the  defendant,  and
    19  persons  employed by the attorney or appointed by the court to assist in
    20  the preparation of a defendant's case, may not disclose physical  copies
    21  of the discoverable documents to a defendant or to anyone else, provided
    22  that  the  prosecution  affords the defendant access to inspect redacted
    23  copies of the discoverable  documents  at  a  supervised  location  that
    24  provides  regular  and  reasonable  hours  for  such  access,  such as a
    25  prosecutor's office, police station, facility of  detention,  or  court.
    26  Should the court impose as a condition that some material or information
    27  be  available  only to counsel for the defendant, the court shall inform
    28  the defendant on the record that his or her attorney is not permitted by
    29  law to disclose such material or information to the defendant. The court
    30  may permit a party seeking or opposing a  protective  order  under  this
    31  section,  or another affected person, to submit papers or testify on the
    32  record ex parte or in camera.  Any such papers and a transcript of  such
    33  testimony  may  be  sealed  and shall constitute a part of the record on
    34  appeal. This section does not alter the  allocation  of  the  burden  of
    35  proof with regard to matters at issue, including privilege.
    36    3.  Prompt  hearing.  Upon  request for a protective order, unless the
    37  defendant voluntarily consents to the people's request for a  protective
    38  order, the court shall conduct an appropriate hearing within three busi-
    39  ness  days to determine whether good cause has been shown and when prac-
    40  ticable shall render a decision expeditiously. Any  materials  submitted
    41  and  a transcript of the proceeding may be sealed and shall constitute a
    42  part of the record on appeal. When  the  defendant  is  charged  with  a
    43  violent  felony offense as defined in section 70.02 of the penal law, or
    44  any class A felony other than those defined in article two hundred twen-
    45  ty of the penal law, the court may, at  the  prosecutor's  request,  for
    46  good  cause  shown, conduct such hearing in camera and outside the pres-
    47  ence of the defendant, provided however that this shall not  affect  the
    48  rights of the court to receive testimony or papers ex-parte or in camera
    49  as provided in subdivision one of this section.
    50    §  4.  Section  216  of  the  judiciary law is amended by adding a new
    51  subdivision 5 to read as follows:
    52    5. The chief administrator of the  courts,  in  conjunction  with  the
    53  division  of  criminal  justice  services, shall collect data and report
    54  annually regarding the impact of article two hundred forty-five  of  the
    55  criminal  procedure  law. Such data and report shall contain information
    56  regarding the implementation of article two hundred  forty-five  of  the

        S. 7506--B                         352                        A. 9506--B

     1  criminal procedure law, including procedures used to implement the arti-
     2  cle,  resources  needed  for implementation, information regarding cases
     3  where discovery obligations are not met, and information regarding  case
     4  outcomes.  The  report  shall  be released publicly and published on the
     5  websites of the office of court administration and the division of crim-
     6  inal justice services. The first  report  shall  be  published  eighteen
     7  months  after the effective date of this section, and shall include data
     8  from the first twelve months following the enactment  of  this  section.
     9  Reports for subsequent years shall published annually thereafter.
    10    § 5. Section 245.75 of the criminal procedure law, as added by section
    11  2  of  part LLL of chapter 59 of the laws of 2019, is amended to read as
    12  follows:
    13  § 245.75 Waiver of discovery by defendant.
    14    1. A defendant who does not seek discovery from the prosecution  under
    15  this  article  shall  so  notify  the  prosecution  and the court at the
    16  defendant's arraignment on an indictment,  superior  court  information,
    17  prosecutor's  information,  information,  or  simplified information, or
    18  expeditiously thereafter but before receiving discovery from the  prose-
    19  cution  pursuant  to  subdivision one of section 245.20 of this article,
    20  and the defendant need not provide discovery to the prosecution pursuant
    21  to subdivision four of section 245.20 and section 245.60 of  this  arti-
    22  cle. A waiver shall be in writing, signed for the individual case by the
    23  counsel  for  the  defendant  and  filed with the court. The court shall
    24  inquire of the defendant on the record  to  ensure  that  the  defendant
    25  understands  his or her right to discovery and right to waive discovery.
    26  Such a waiver does not alter or in any way affect the procedures,  obli-
    27  gations  or  rights  set  forth in sections 250.10, 250.20 and 250.30 of
    28  this title, or otherwise established or required by law. The prosecution
    29  may not condition a guilty plea offer on the defense's  execution  of  a
    30  waiver  under  this section. Counsel for the defendant may advise his or
    31  her client about the defendant's right to discovery and right  to  waive
    32  discovery;  such  advice  shall  not  constitute a condition of a guilty
    33  plea.
    34    2. Nothing in this section shall prevent the waiver of discovery  from
    35  being  a  condition  of  the  repleader,  where the defendant's original
    36  conviction is vacated on  agreement  between  the  parties  pursuant  to
    37  section 440.10 of this part.
    38    § 6. Subdivision 2 of section 245.25 of the criminal procedure law, as
    39  added  by  section  2  of part LLL of chapter 59 of the laws of 2019, is
    40  amended and a new subdivision 3 is added to read as follows:
    41    2. Other guilty pleas. Upon an indictment, superior court information,
    42  prosecutor's information, information, simplified information, or misde-
    43  meanor complaint, where the prosecution has made  a  guilty  plea  offer
    44  requiring  a  plea  to  a  crime,  the  prosecutor  must disclose to the
    45  defense, and permit the defense to discover, inspect,  copy,  photograph
    46  and  test, all items and information that would be discoverable prior to
    47  trial under subdivision one of section 245.20 of this  article  and  are
    48  within the possession, custody or control of the prosecution. The prose-
    49  cution  shall  disclose  the discoverable items and information not less
    50  than seven calendar days prior to the expiration date of any guilty plea
    51  offer by the prosecution or  any  deadline  imposed  by  the  court  for
    52  acceptance  of the guilty plea offer. If the prosecution does not comply
    53  with the requirements of this subdivision, then, on a defendant's motion
    54  alleging a violation of this subdivision, the court  must  consider  the
    55  impact  of any violation on the defendant's decision to accept or reject
    56  a plea offer. If the court finds that such violation materially affected

        S. 7506--B                         353                        A. 9506--B
 
     1  the defendant's decision, and if the prosecution declines  to  reinstate
     2  the lapsed or withdrawn plea offer, the court - as a presumptive minimum
     3  sanction  -  must  preclude  the  admission at trial of any evidence not
     4  disclosed  as  required under this subdivision. The court may take other
     5  appropriate action as  necessary  to  address  the  non-compliance.  The
     6  rights  under this subdivision do not apply to items or information that
     7  are the subject of a protective order under section 245.70 of this arti-
     8  cle; but if such information tends to be exculpatory,  the  court  shall
     9  reconsider the protective order. A defendant may waive his or her rights
    10  under  this  subdivision; but a guilty plea offer may not be conditioned
    11  on such waiver.  Notwithstanding the timelines contained in the  opening
    12  paragraph  of paragraph (a) of subdivision one of section 245.10 of this
    13  article, the prosecutor's discovery obligation under subdivision one  of
    14  section  245.20  of this article shall be performed as soon as practica-
    15  ble, but not later than fifteen days before the trial  of  a  simplified
    16  information  charging a traffic infraction under the vehicle and traffic
    17  law, or by an information charging one or more petty offenses as defined
    18  by the municipal code of a village, town, city, or county, that  do  not
    19  carry  a  statutorily authorized sentence of imprisonment, and where the
    20  defendant stands charged before the court  with  no  crime  or  offense,
    21  provided  however  that  nothing  in  this  subdivision  shall prevent a
    22  defendant from filing a motion for disclosure of such items and informa-
    23  tion under subdivision one of such section 245.20 of this article at  an
    24  earlier date.
    25    3.  Repleader.  Nothing  in  this  section shall prevent the waiver of
    26  discovery from being a condition of a repleader, where  the  defendant's
    27  original conviction is vacated on agreement between the parties pursuant
    28  to section 440.10 of this part.
    29    § 7. Section 245.50 of the criminal procedure law, as added by section
    30  2  of  part LLL of chapter 59 of the laws of 2019, is amended to read as
    31  follows:
    32  § 245.50 Certificates of compliance; readiness for trial.
    33    1. By the prosecution. When the prosecution has provided the discovery
    34  required by subdivision one of section 245.20 of  this  article,  except
    35  for  discovery that is lost or destroyed as provided by paragraph (b) of
    36  subdivision one of section 245.80 of this article  and  except  for  any
    37  items  or  information  that  are  the  subject  of an order pursuant to
    38  section 245.70 of this article, it shall serve upon  the  defendant  and
    39  file  with  the  court  a  certificate of compliance. The certificate of
    40  compliance shall state that, after exercising due diligence  and  making
    41  reasonable inquiries to ascertain the existence of material and informa-
    42  tion  subject to discovery, the prosecutor has disclosed and made avail-
    43  able all known material and information subject to discovery.  It  shall
    44  also identify the items provided. If additional discovery is subsequent-
    45  ly provided prior to trial pursuant to section 245.60 of this article, a
    46  supplemental  certificate  shall  be served upon the defendant and filed
    47  with the court  identifying  the  additional  material  and  information
    48  provided.  No  adverse  consequence to the prosecution or the prosecutor
    49  shall result from the filing of a  certificate  of  compliance  in  good
    50  faith  and reasonable under the circumstances; but the court may grant a
    51  remedy or sanction for a discovery  violation  as  provided  in  section
    52  245.80 of this article.
    53    2.  By  the  defendant.  When the defendant has provided all discovery
    54  required by subdivision four of section 245.20 of this  article,  except
    55  for  any  items or information that are the subject of an order pursuant
    56  to section 245.70 of this article, counsel for the defendant shall serve

        S. 7506--B                         354                        A. 9506--B
 
     1  upon the prosecution and file with the court a  certificate  of  compli-
     2  ance.  The  certificate shall state that, after exercising due diligence
     3  and making reasonable inquiries to ascertain the existence  of  material
     4  and  information  subject  to  discovery,  counsel for the defendant has
     5  disclosed and made available all known material and information  subject
     6  to  discovery.  It shall also identify the items provided. If additional
     7  discovery is subsequently provided prior to trial  pursuant  to  section
     8  245.60  of this article, a supplemental certificate shall be served upon
     9  the prosecution and filed with  the  court  identifying  the  additional
    10  material and information provided. No adverse consequence to the defend-
    11  ant  or  counsel  for  the  defendant  shall result from the filing of a
    12  certificate of compliance in good faith; but the court may grant a reme-
    13  dy or sanction for a discovery violation as provided in  section  245.80
    14  of this article.
    15    3.  Trial  readiness. Notwithstanding the provisions of any other law,
    16  absent an individualized finding of [exceptional] special  circumstances
    17  in the instant case by the court before which the charge is pending, the
    18  prosecution  shall not be deemed ready for trial for purposes of section
    19  30.30 of this chapter until it has filed a proper  certificate  pursuant
    20  to  subdivision  one  of  this section. A court may deem the prosecution
    21  ready for trial pursuant to section 30.30 of this chapter where informa-
    22  tion that might be considered discoverable under this article cannot  be
    23  disclosed  because it has been lost, destroyed, or otherwise unavailable
    24  as provided by paragraph (b) of subdivision one  of  section  245.80  of
    25  this  article, despite diligent and good faith efforts, reasonable under
    26  the circumstances. Provided, however, that the court may grant a  remedy
    27  or  sanction  for a discovery violation as provided by section 245.80 of
    28  this article.
    29    4. Challenges to, or questions related to a certificate of  compliance
    30  shall be addressed by motion.
    31    §  8.  This  act shall take effect on the thirtieth day after it shall
    32  have become a law.
 
    33                                  PART III
 
    34    Section 1. Paragraph a of section 11.00 of the local  finance  law  is
    35  amended by adding a new subdivision 14-b to read as follows:
    36     14-b.  Airport  construction  and  improvement of the Ithaca Tompkins
    37  International Airport. The construction, reconstruction, or extension of
    38  the Ithaca Tompkins International  Airport,  whether  or  not  including
    39  buildings,  hangars,  runways, taxi-strips, paved areas, perimeter fenc-
    40  ing, grading, filling, drainage or other site  work,  thirty-years;  the
    41  acquisition  and  installation  of an above ground aircraft fuel farm at
    42  the Ithaca Tompkins International Airport, including  connecting  pipes,
    43  valves, meters, pumps, concrete spill containment facilities, and appur-
    44  tenant facilities, twenty-five years.
    45    § 2. This act shall take effect immediately.
 
    46                                  PART JJJ
 
    47    Section  1.  Legislative intent. The legislature hereby finds that the
    48  Mahopac Central  school  district  approved  eight  capital  improvement
    49  projects  which  are  designated  as project numbers 0001-010, 0002-011,
    50  0003-004, 0004-011, 0005-011, 0006-011, 5010-007, and 7012-006. In addi-
    51  tion, the projects were eligible for certain state aid. The  legislature
    52  further  finds that due to ministerial error, the required filing of the

        S. 7506--B                         355                        A. 9506--B
 
     1  final cost reports for such projects were not made by such district in a
     2  timely manner making the district ineligible for certain aid. The legis-
     3  lature further finds that without  such  aid,  the  capital  improvement
     4  projects  will  impose an additional, unanticipated hardship on district
     5  taxpayers.
     6    § 2. All the acts done and proceedings heretofore  had  and  taken  or
     7  caused  to be had or taken by the Mahopac Central school district and by
     8  all its officers or agents relating to or in connection with  a  certain
     9  final  cost  report  to be filed with the state education department for
    10  project numbers 0001-010, 0002-011, 0003-004, 0004-011, 0005-011,  0006-
    11  011,  5010-007, and 7012-006, and all acts incidental thereto are hereby
    12  legalized, validated, ratified and confirmed, notwithstanding any  fail-
    13  ure  to  comply with the approval and filing provisions of the education
    14  law or any other law or any other statutory  authority,  rule  or  regu-
    15  lation,  in  relation  to  any omissions, error, defect, irregularity or
    16  illegality in such proceedings had and taken, and provided further  that
    17  any  amount  due  and payable to the Mahopac Central school district for
    18  school years prior to the 2018-2019 school year as a result of this  act
    19  shall be paid pursuant to the provisions of paragraph c of subdivision 5
    20  of section 3604 of the education law.
    21    §  3. Notwithstanding section 24-a of part A of chapter 57 of the laws
    22  of 2013, and consistent with section one of this act,  the  commissioner
    23  shall  not  recover from the Mahopac Central school district any penalty
    24  arising from the late filing of a final  cost  report  for  an  approved
    25  capital  construction  project designated by the department of education
    26  as project numbers 0001-010,  0002-011,  0003-004,  0004-011,  0005-011,
    27  0006-011,  5010-007,  and  7012-006  pursuant to section 31 of part A of
    28  chapter 57 of the laws of 2012, provided that  any  amounts  already  so
    29  recovered shall be deemed a payment of moneys due for prior years pursu-
    30  ant to paragraph c of subdivision 5 of section 3604 of the education law
    31  and  shall  be  paid  to the Mahopac Central school district pursuant to
    32  such provision, provided that such school district:
    33    (a) submitted the late or missing final building cost  report  to  the
    34  commissioner of education;
    35    (b) such cost report is approved by the commissioner of education;
    36    (c)  all state funds expended by the school district, as documented in
    37  such cost report, were properly expended for such  building  project  in
    38  accordance with the terms and conditions for such project as approved by
    39  the commissioner of education; and
    40    (d)  the failure to submit such report in a timely manner was an inad-
    41  vertent administrative or ministerial oversight by the school  district,
    42  and  there  is no evidence of any fraudulent or other improper intent by
    43  such district.
    44    § 4. This act shall take effect immediately.
 
    45                                  PART KKK
 
    46    Section 1. Subdivision 32 of section 364-j of the social services law,
    47  as added by section 15 of part B of chapter 59 of the laws of  2016  and
    48  paragraph  (d)  as  amended  by section 1 of part V of chapter 57 of the
    49  laws of 2019, is amended to read as follows:
    50    32. (a) The commissioner, or for the purposes of subparagraph (iv)  of
    51  paragraph  (c)  of  this  subdivision, the Medicaid inspector general in
    52  consultation with the commissioner, may, in his or her discretion, apply
    53  penalties to managed care organizations  subject  to  this  section  and
    54  article forty-four of the public health law, including managed long term

        S. 7506--B                         356                        A. 9506--B
 
     1  care  plans,  for  untimely  or inaccurate submission of encounter data;
     2  provided however, no penalty shall  be  assessed  if  the  managed  care
     3  organization submits, in good faith, timely and accurate data [that] and
     4  a  material  amount  of  such  data  is not successfully received by the
     5  department as a result of department system failures or technical issues
     6  that are beyond the control of the managed care organization.
     7    (b) The commissioner, or for the  purposes  of  subparagraph  (iv)  of
     8  paragraph  (c)  of  this  subdivision, the Medicaid inspector general in
     9  consultation with the commissioner, shall consider the following  [prior
    10  to  assessing a penalty against a managed care organization and have the
    11  discretion to reduce or eliminate a penalty] when determining whether to
    12  assess a penalty against a managed care organization and the  amount  of
    13  such penalty:
    14    (i) the degree to which the [data submitted is] managed care organiza-
    15  tion  submitted  inaccurate  data at a category of service level and the
    16  frequency of such inaccurate data submissions by the managed care organ-
    17  ization;
    18    (ii) the degree to which the [data submitted is] managed  care  organ-
    19  ization  submitted  untimely  data  or no data and the frequency of such
    20  untimely data submissions or failures to  submit  by  the  managed  care
    21  organization; and
    22    (iii)  the  timeliness  of  the managed care organization in curing or
    23  correcting inaccurate or untimely data[;
    24    (iv) whether the untimely or inaccurate  data  was  submitted  by  the
    25  managed care organization or a third party;
    26    (v)  whether the managed care organization has taken corrective action
    27  to  reduce  the  likelihood  of  future  inaccurate  or  untimely   data
    28  submissions; and
    29    (vi)  whether  the  managed  care organization was or should have been
    30  aware of inaccurate or untimely data].
    31    For purposes of this section, "encounter data" shall mean [the  trans-
    32  actions  required to be reported under the model contract] all encounter
    33  records or adjustments to previously submitted records which the managed
    34  care organization has received and processed from provider encounter  or
    35  claim  records of all contracted services rendered to an enrollee of the
    36  managed care organization in the current or any preceding  month.    Any
    37  penalty  assessed  under  this  subdivision  shall  be  calculated  as a
    38  percentage of the [administrative component of the]  Medicaid  capitated
    39  premium calculated by the department and paid to the managed care organ-
    40  ization.
    41    (c)  [Such penalties] (i) Penalties assessed pursuant to this subdivi-
    42  sion against a managed care organization other than a managed long  term
    43  care  plan  certified  pursuant to section forty-four hundred three-f of
    44  the public health law shall be as follows:
    45    [(i)] (A) for encounter data submitted or resubmitted past  the  dead-
    46  lines  set  forth in the model contract, the Medicaid capitated premiums
    47  shall be reduced by [one and one-half] one-third percent; and
    48    [(ii)] (B) for incomplete or inaccurate encounter data, evaluated at a
    49  category of service level, that fails to conform to department developed
    50  benchmarks for completeness and accuracy, the Medicaid capitated  premi-
    51  ums shall be reduced by [one-half] one and one-third percent; and
    52    [(iii)]  (C)  for  submitted  data that results in a rejection rate in
    53  excess of ten percent of department  developed  volume  benchmarks,  the
    54  Medicaid  capitated  premiums  shall  be reduced by [one-half] one-third
    55  percent.

        S. 7506--B                         357                        A. 9506--B

     1    (ii) Penalties  assessed  pursuant  to  this  subdivisions  against  a
     2  managed  long  term  care  plan certified pursuant to section forty-four
     3  hundred three-f of the public health law shall be as follows:
     4    (A) for encounter data submitted or resubmitted past the deadlines set
     5  forth  in  the  model contract, the Medicaid capitated premiums shall be
     6  reduced by one-quarter percent;
     7    (B) for incomplete or inaccurate encounter data, evaluated at a  cate-
     8  gory  of  service  level,  that fails to conform to department developed
     9  benchmarks for completeness and accuracy, the Medicaid capitated  premi-
    10  ums shall be reduced by one percent; and
    11    (C)  for  submitted data that results in a rejection rate in excess of
    12  ten percent of department  developed  volume  benchmarks,  the  Medicaid
    13  capitated premiums shall be reduced by one-quarter percent.
    14    (iii)  For  incomplete or inaccurate encounter data, identified in the
    15  course of an audit, investigation or review by  the  Medicaid  inspector
    16  general,  the  Medicaid  capitated premiums shall be reduced by an addi-
    17  tional one percent.
    18    (d) (i) Penalties under this subdivision may be applied to any and all
    19  circumstances described in paragraph (b) of this subdivision  until  the
    20  managed  care organization complies with the requirements for submission
    21  of encounter data.
    22    (ii) No penalties for late, incomplete or  inaccurate  encounter  data
    23  shall  be  assessed  against  managed  care organizations in addition to
    24  those provided for in this subdivision, provided, however, that  nothing
    25  in  this  paragraph shall prohibit the imposition of penalties, in cases
    26  of fraud, waste or abuse, otherwise authorized by law.
    27    § 2. Subdivision 15 of section 4408-a of  the  public  health  law  is
    28  renumbered  subdivision  16 and a new subdivision 15 is added to read as
    29  follows:
    30    15. An organization shall have procedures for obtaining an enrollee's,
    31  or enrollee's designee's, preference for receiving notifications,  which
    32  shall  be  in  accordance  with applicable federal law and with guidance
    33  developed by the commissioner. Written and telephone notification to  an
    34  enrollee  or  the enrollee's designee under this section may be provided
    35  by electronic means where the enrollee or the  enrollee's  designee  has
    36  informed  the  organization  in  advance of a preference to receive such
    37  notification by electronic means.   An  organization  shall  permit  the
    38  enrollee  and  the  enrollee's  designee to change the preference at any
    39  time. The organization shall retain documentation of preferred notifica-
    40  tion methods and present such records to the commissioner upon request.
    41    § 3. Paragraph (a) of subdivision 2 of  section  4903  of  the  public
    42  health law, as amended by chapter 371 of the laws of 2015, is amended to
    43  read as follows:
    44    (a)  A utilization review agent shall make a utilization review deter-
    45  mination involving health care services which require  pre-authorization
    46  and  provide  notice  of  a  determination to the enrollee or enrollee's
    47  designee and the enrollee's health care provider  by  telephone  and  in
    48  writing  within three business days of receipt of the necessary informa-
    49  tion. [To the extent  practicable,  such  written  notification  to  the
    50  enrollee's  health care provider shall be transmitted electronically, in
    51  a manner and in a form agreed upon by  the  parties.]  The  notification
    52  shall  identify;  (i)  whether the services are considered in-network or
    53  out-of-network; (ii) and whether the enrollee will be held harmless  for
    54  the  services  and  not  be  responsible for any payment, other than any
    55  applicable co-payment or co-insurance; (iii) as applicable,  the  dollar
    56  amount  the  health care plan will pay if the service is out-of-network;

        S. 7506--B                         358                        A. 9506--B
 
     1  and (iv) as applicable,  information  explaining  how  an  enrollee  may
     2  determine  the  anticipated out-of-pocket cost for out-of-network health
     3  care services in a geographical area or zip code based upon the  differ-
     4  ence between what the health care plan will reimburse for out-of-network
     5  health care services and the usual and customary cost for out-of-network
     6  health care services.
     7    §  4. Section 4903 of the public health law is amended by adding a new
     8  subdivision 9 to read as follows:
     9    9. A utilization review agent shall have procedures for  obtaining  an
    10  enrollee's, or enrollee's designee's, preference for receiving notifica-
    11  tions, which shall be in accordance with applicable federal law and with
    12  guidance  developed by the commissioner. Written and telephone notifica-
    13  tion to an enrollee or the enrollee's designee under this section may be
    14  provided by electronic means where the enrollee or the enrollee's desig-
    15  nee has informed the organization in advance of  preference  to  receive
    16  such notifications by electronic means. An organization shall permit the
    17  enrollee  and  the  enrollee's  designee to change the preference at any
    18  time. To the extent practicable, such written and telephone notification
    19  to the enrollee's health care provider shall  be  transmitted  electron-
    20  ically, in a manner and in a form agreed upon by the parties. The utili-
    21  zation review agent shall retain documentation of preferred notification
    22  methods and present such records to the commissioner upon request.
    23    §  5.  Paragraph  (b)  of  subdivision 3 of section 4904 of the public
    24  health law, as amended by chapter 586 of the laws of 1998 and as further
    25  amended by section 104 of part A of chapter 62 of the laws of  2011,  is
    26  amended to read as follows:
    27    (b)  a  notice  of the enrollee's right to an external appeal together
    28  with a description, jointly promulgated  by  the  commissioner  and  the
    29  superintendent of financial services as required pursuant to subdivision
    30  five  of  section  forty-nine  hundred  fourteen of this article, of the
    31  external appeal process established pursuant to title two of this  arti-
    32  cle and the time frames for such external appeals.  A utilization review
    33  agent  shall  have procedures for obtaining an enrollee's, or enrollee's
    34  designee's, preference for receiving notifications, which  shall  be  in
    35  accordance  with  applicable  federal law and with guidance developed by
    36  the commissioner. Written and telephone notification to an  enrollee  or
    37  the enrollee's designee under this section may be provided by electronic
    38  means  where  the  enrollee  or the enrollee's designee has informed the
    39  organization in advance of a preference to receive such notifications by
    40  electronic means. An organization shall  permit  the  enrollee  and  the
    41  enrollee's  designee to change the preference at any time. To the extent
    42  practicable, written and telephone notification to the enrollee's health
    43  care provider shall be transmitted electronically, in a manner and in  a
    44  form  agreed  upon  by  the  parties. The utilization review agent shall
    45  retain documentation of preferred notification methods and present  such
    46  records to the commissioner upon request.
    47    § 6. Subsection (o) of section 4802 of the insurance law is relettered
    48  subsection (p) and a new subsection (o) is added to read as follows:
    49    (o)  An  insurer  shall have procedures for obtaining an insured's, or
    50  insured's designee's,  preference  for  receiving  notifications,  which
    51  shall  be  in  accordance  with applicable federal law and with guidance
    52  developed by the superintendent. Written and telephone  notification  to
    53  an  insured or the insured's designee under this section may be provided
    54  by electronic means where the insured  or  the  insured's  designee  has
    55  informed  the insurer in advance of a preference to receive such notifi-
    56  cations by electronic means. An insurer shall permit the insured and the

        S. 7506--B                         359                        A. 9506--B
 
     1  insured's designee to change the preference at  any  time.  The  insurer
     2  shall retain documentation of preferred notification methods and present
     3  such records to the superintendent upon request.
     4    §  7.  Paragraph  1 of subsection (b) of section 4903 of the insurance
     5  law, as amended by chapter 371 of the laws of 2015, is amended  to  read
     6  as follows:
     7    (1)  A utilization review agent shall make a utilization review deter-
     8  mination involving health care services which require  pre-authorization
     9  and provide notice of a determination to the insured or insured's desig-
    10  nee  and  the insured's health care provider by telephone and in writing
    11  within three business days of receipt of the necessary information.  [To
    12  the  extent  practicable,  such  written  notification to the enrollee's
    13  health care provider shall be transmitted electronically,  in  a  manner
    14  and  in a form agreed upon by the parties.] The notification shall iden-
    15  tify: (i) whether the services are considered in-network or  out-of-net-
    16  work;  (ii)  whether  the insured will be held harmless for the services
    17  and not be responsible  for  any  payment,  other  than  any  applicable
    18  co-payment,  co-insurance or deductible; (iii) as applicable, the dollar
    19  amount the health care plan will pay if the service  is  out-of-network;
    20  and (iv) as applicable, information explaining how an insured may deter-
    21  mine  the  anticipated out-of-pocket cost for out-of-network health care
    22  services in a geographical area or zip code based  upon  the  difference
    23  between  what  the  health  care  plan will reimburse for out-of-network
    24  health care services and the usual and customary cost for out-of-network
    25  health care services.
    26    § 8. Section 4903 of the insurance law is  amended  by  adding  a  new
    27  subsection (i) to read as follows:
    28    (i)  A utilization review agent shall have procedures for obtaining an
    29  insured's, or insured's designee's, preference for  receiving  notifica-
    30  tions, which shall be in accordance with applicable federal law and with
    31  guidance  developed by the superintendent. Written and telephone notifi-
    32  cation to an insured or the insured's designee under this section may be
    33  provided by electronic means where the insured or the insured's designee
    34  has informed the utilization review agent in advance of a preference  to
    35  receive  such  notifications  by  electronic means. A utilization review
    36  agent shall permit the insured and the insured's designee to change  the
    37  preference  at  any  time.  To  the extent practicable, such written and
    38  telephone notification to the insured's health care  provider  shall  be
    39  transmitted electronically, in a manner and in a form agreed upon by the
    40  parties.  The  utilization  review  agent  shall retain documentation of
    41  preferred notification methods and present such records  to  the  super-
    42  intendent upon request.
    43    §  9.  Paragraph  2 of subsection (c) of section 4904 of the insurance
    44  law, as amended by chapter 586 of the laws of 1998, is amended  to  read
    45  as follows:
    46    (2)  a  notice  of  the insured's right to an external appeal together
    47  with a description, jointly promulgated by the  superintendent  and  the
    48  commissioner of health as required pursuant to subsection (e) of section
    49  four  thousand  nine  hundred  fourteen of this article, of the external
    50  appeal process established pursuant to title two of this article and the
    51  time frames for such external appeals.  A utilization review agent shall
    52  have procedures for obtaining an  insured's,  or  insured's  designee's,
    53  preference  for  receiving  notifications,  which shall be in accordance
    54  with applicable federal law and with guidance developed  by  the  super-
    55  intendent.  Written  and  telephone  notification  to  an insured or the
    56  insured's designee under this section  may  be  provided  by  electronic

        S. 7506--B                         360                        A. 9506--B
 
     1  means  where  the  insured  or  the  insured's designee has informed the
     2  insurer in advance of a preference  to  receive  such  notifications  by
     3  electronic  means.   A utilization review agent shall permit the insured
     4  and  the insured's designee to change the preference at any time. To the
     5  extent practicable, written and telephone notification to the  insured's
     6  health  care  provider  shall be transmitted electronically, in a manner
     7  and in a form agreed upon by the parties. The utilization  review  agent
     8  shall retain documentation of preferred notification methods and present
     9  such records to the superintendent upon request.
    10    §  10.  Contingent  upon the availability of federal financial partic-
    11  ipation or other federal authorization from the centers of medicare  and
    12  medicaid  services, the commissioner of health, in consultation with the
    13  superintendent of the department of financial services, is authorized to
    14  implement one or more five-year  regional  demonstration  programs  that
    15  would  be  designed to improve health outcomes and reduce costs, using a
    16  value based model that pays providers an actuarially sound global,  pre-
    17  paid and fully capitated amount for individuals in the designated region
    18  who  are enrolled in the state's plan for medical assistance established
    19  pursuant to title XIX, or any successor title,  of  the  federal  social
    20  security  act; the Medicare program established pursuant to title XVIII,
    21  or any successor title, of the federal social security act;  and  insur-
    22  ers,  corporations,  and  health  care  plans authorized pursuant to the
    23  insurance law or public health law. The demonstration program may  offer
    24  funding  and  incentives  designed to improve health outcomes for attri-
    25  buted individual beneficiaries  designed  to  improve  health  outcomes,
    26  develop necessary infrastructure and systems; and connect individuals to
    27  community  based  organizations  that address the social determinants of
    28  health.   Notwithstanding any provision of  law  to  the  contrary,  the
    29  commissioner  or  the  superintendent  of  the  department  of financial
    30  services may waive any  regulatory  requirements  as  are  necessary  to
    31  implement  the demonstration program; provided however, that regulations
    32  pertaining to patient safety, patient autonomy, patient privacy, patient
    33  rights, due process, scope of practice, professional licensure, environ-
    34  mental protections, provider  reimbursement  methodologies,  or  occupa-
    35  tional  standards  and  employee rights may not be waived, nor shall any
    36  regulations be waived if such waiver would risk patient safety.  Partic-
    37  ipation in such program shall be voluntary. One year after this  section
    38  shall  take  effect  and  annually thereafter the commissioner of health
    39  shall provide a report detailing the activities  and  outcomes  of  such
    40  program,  including  any regulatory requirements that are waived, to the
    41  speaker of the assembly and the temporary president of the senate.
    42    § 11. Contingent upon the availability of  federal  financial  partic-
    43  ipation  or other federal authorization from the centers of medicare and
    44  medicaid services, the commissioner of health, in consultation with  the
    45  superintendent of the department of financial services, is authorized to
    46  design  and  implement  a  five-year  demonstration, with implementation
    47  beginning January 2022, utilizing an actuarially sound global budget and
    48  global approach, and which is aimed at accelerating regional  population
    49  health  improvement  initiatives; adopting value-based models in accord-
    50  ance with the state department of health  Medicaid  Value-Based  Payment
    51  Roadmap; and aligning care incentives under an integrated health system.
    52  The  demonstration  may  include the safety net hospitals in one or more
    53  counties or regions of the state providing a high percentage of services
    54  to individuals in the designated region who are enrolled in the  state's
    55  plan  for  medical  assistance established pursuant to title XIX, or any
    56  successor title, of the  federal  social  security  act;  and  insurers,

        S. 7506--B                         361                        A. 9506--B

     1  corporations, and health care plans authorized pursuant to the insurance
     2  law  or public health law, as well as regional providers, to deliver and
     3  promote  quality  and  performance  through  an  integrated  model.  The
     4  provisions  of this paragraph shall not take effect unless all necessary
     5  approvals under federal law and regulation have been obtained to receive
     6  federal financial participation in the costs of services provided  under
     7  this  paragraph, and shall be subject to the terms of a binding memoran-
     8  dum of understanding executed between the department of health  and  the
     9  demonstration's  participants.    Participation in such program shall be
    10  voluntary. One year after this section shall take  effect  and  annually
    11  thereafter  the  commissioner of health shall provide a report detailing
    12  the activities and outcomes of such program to the speaker of the assem-
    13  bly and the temporary president of the senate.
    14    § 12. This act shall take effect immediately and shall  be  deemed  to
    15  have been in full force and effect on and after April 1, 2020; provided,
    16  however,  that  the amendments to subdivision 32 of section 364-j of the
    17  social services law made by section one of this act shall not affect the
    18  repeal of such section and shall be deemed repealed therewith.  Provided
    19  further, however, that the director of the budget may,  in  consultation
    20  with  the  commissioner  of health, delay the effective dates prescribed
    21  herein for a period of time which shall not exceed ninety days following
    22  the conclusion or termination of an executive order issued  pursuant  to
    23  section 28 of the executive law declaring a state disaster emergency for
    24  the entire state of New York, upon such delay the director of the budget
    25  shall  notify  the  chairs  of the assembly ways and means committee and
    26  senate finance committee and the  chairs  of  the  assembly  and  senate
    27  health  committee;  provided  further, however, that the director of the
    28  budget shall notify the legislative bill drafting  commission  upon  the
    29  occurrence  of  a  delay in the effective date of this act in order that
    30  the commission may maintain an accurate and timely effective  data  base
    31  of the official text of the laws of the state of New York in furtherance
    32  of  effectuating the provisions of section 44 of the legislative law and
    33  section 70-b of the public officers law.
 
    34                                  PART LLL
 
    35    Section 1.  Section 13 of chapter 141 of the laws  of  1994,  amending
    36  the  legislative law and the state finance law relating to the operation
    37  and administration of the legislature, as amended by section 1  of  part
    38  II of chapter 57 of the laws of 2019, is amended to read as follows:
    39    §  13.  This  act shall take effect immediately and shall be deemed to
    40  have been in full force and effect as of April 1, 1994,  provided  that,
    41  the  provisions  of  section  5-a  of  the legislative law as amended by
    42  sections two and two-a of this act shall take effect on January 1, 1995,
    43  and provided further that, the provisions of article 5-A of the legisla-
    44  tive law as added by section eight of this act  shall  expire  June  30,
    45  [2020]  2021 when upon such date the provisions of such article shall be
    46  deemed repealed; and provided further that section twelve  of  this  act
    47  shall be deemed to have been in full force and effect on and after April
    48  10, 1994.
    49    § 2. This act shall not supersede the findings and determinations made
    50  by  the  compensation  committee  as  authorized pursuant to part HHH of
    51  chapter 59 of the laws of 2018 unless a court of competent  jurisdiction
    52  determines  that  such findings and determinations are invalid or other-
    53  wise not applicable or in force.

        S. 7506--B                         362                        A. 9506--B
 
     1    § 3. This act shall take effect  immediately,  provided,  however,  if
     2  this  act shall take effect on or after June 30, 2020, this act shall be
     3  deemed to have been in full force and effect on and after June 30, 2020.
     4    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     5  sion,  section  or  part  of  this act shall be adjudged by any court of
     6  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     7  impair,  or  invalidate  the remainder thereof, but shall be confined in
     8  its operation to the clause, sentence, paragraph,  subdivision,  section
     9  or part thereof directly involved in the controversy in which such judg-
    10  ment shall have been rendered. It is hereby declared to be the intent of
    11  the  legislature  that  this  act  would  have been enacted even if such
    12  invalid provisions had not been included herein.
    13    § 3. This act shall take effect immediately  provided,  however,  that
    14  the  applicable  effective date of Parts A through LLL of this act shall
    15  be as specifically set forth in the last section of such Parts.
Go to top

S07506 LFIN:

 NO LFIN
Go to top

S07506 Chamber Video/Transcript:

Go to top