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).
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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
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S07506 Committee Votes:

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S07506 Floor Votes:

DATE:04/02/2020MOTION:MANKTELOW; To amend YEA/NAY: 45/97
AbbateNOCrespoNOGalefNOLiftonNOPeoples-StokesNOSmithY
AbinantiNOCrouchYGanttERLiPetriYPerryNOSmullenY
ArroyoNOCruzNOGarbarinoYLupardoNOPheffer AmatoNOSolagesNO
AshbyYCusickYGiglioYMagnarelliNOPichardoNOStecY
AubryNOCymbrowitzNOGlickNOMalliotakisYPretlowNOSteckNO
BarclayYDarlingNOGoodellYManktelowYQuartNOSternNO
BarnwellNODavilaNOGottfriedNOMcDonaldNORaYStirpeNO
BarrettNODe La RosaNOGriffinNOMcDonoughYRamosNOTagueY
BarronNODenDekkerNOGuntherNOMcMahonNOReillyYTaylorNO
BenedettoNODeStefanoYHawleyYMikulinYReyesNOThieleNO
BichotteNODickensNOHevesiNOMill B ERRichardsonERVanelNO
BlakeNODilanNOHunterNOMill MGYRiveraNOWalczykY
BlankenbushYDinowitzNOHyndmanNOMill MLYRodriguezNOWalkerNO
BrabenecYDiPietroYJacobsonNOMontesanoYRose D NOWallaceNO
BraunsteinNOD'UrsoNOJaffeeNOMorinelloYRose L NOWalshY
BronsonNOEichensteinYJean-PierreNOMosleyNORozicNOWeinsteinNO
BuchwaldNOEnglebrightNOJohnsYNiouNORyanNOWeprinNO
BurkeNOEpsteinNOJonesNONolanNOSalkaYWilliamsNO
ButtenschonYFahyNOJoynerNONorrisYSantabarbaraYWoernerNO
ByrneYFallNOKimNOO'DonnellNOSayeghNOWrightNO
ByrnesYFernandezNOKolbYOrtizNOSchimmingerERZebrowskiNO
CahillNOFinchERLalorYOtisNOSchmittYMr SpkrNO
CarrollNOFitzpatrickYLavineNOPalmesanoYSeawrightNO
ColtonNOFriendYLawrenceYPalumboYSimonNO
CookNOFrontusNOLentolNOPaulinNOSimotasNO

DATE:04/03/2020Assembly Vote  YEA/NAY: 76/66
AbbateYCrespoYGalefYLiftonYPeoples-StokesYSmithNO
AbinantiYCrouchNOGanttERLiPetriNOPerryYSmullenNO
ArroyoYCruzNOGarbarinoNOLupardoYPheffer AmatoYSolagesY
AshbyNOCusickYGiglioNOMagnarelliYPichardoYStecNO
AubryNOCymbrowitzYGlickYMalliotakisYPretlowYSteckY
BarclayNODarlingYGoodellNOManktelowNOQuartNOSternY
BarnwellYDavilaYGottfriedYMcDonaldYRaNOStirpeY
BarrettYDe La RosaNOGriffinYMcDonoughNORamosYTagueNO
BarronNODenDekkerYGuntherYMcMahonYReillyNOTaylorNO
BenedettoYDeStefanoNOHawleyNOMikulinNOReyesNOThieleY
BichotteYDickensYHevesiYMill B ERRichardsonERVanelY
BlakeNODilanNOHunterNOMill MGYRiveraYWalczykNO
BlankenbushNODinowitzYHyndmanYMill MLNORodriguezYWalkerNO
BrabenecNODiPietroNOJacobsonYMontesanoNORose D YWallaceY
BraunsteinYD'UrsoYJaffeeYMorinelloNORose L NOWalshNO
BronsonYEichensteinYJean-PierreYMosleyNORozicYWeinsteinY
BuchwaldYEnglebrightYJohnsNONiouNORyanYWeprinY
BurkeYEpsteinNOJonesYNolanYSalkaNOWilliamsY
ButtenschonNOFahyYJoynerYNorrisNOSantabarbaraNOWoernerY
ByrneNOFallYKimNOO'DonnellNOSayeghYWrightNO
ByrnesNOFernandezNOKolbNOOrtizNOSchimmingerERZebrowskiY
CahillYFinchERLalorNOOtisYSchmittNOMr SpkrY
CarrollNOFitzpatrickNOLavineYPalmesanoNOSeawrightY
ColtonYFriendNOLawrenceNOPalumboNOSimonNO
CookYFrontusNOLentolNOPaulinYSimotasNO

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S07506 Memo:

Memo not available
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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 im