A9830-2011 Actions

• Jun 19, 2012: held for consideration in ways and means
• Apr 13, 2012: referred to ways and means

A9830-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         9830
 I N  ASSEMBLY
 April 13, 2012
 
 Introduced by M. of A. TENNEY -- read once and referred to the Committee
 on Ways and Means
 

AN ACT to amend chapter 57 of the laws of 2006, relating to establishing
 a cost of living adjustment for designated human services programs, in
 relation  to  foregoing  such  adjustment  during  the 2012-2013 state
 fiscal year; and in relation to directing limits on  state  reimburse
 ment for executive compensation and administrative costs; to amend the
 public  health  law,  in  relation  to  prescription drug coverage for
 minors being treated in residential  settings  or  juvenile  detention
 centers upon their release from such settings; and to amend the public
 health  law, in relation to establishing the supportive housing devel
 opment reinvestment program
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.   

Section  4 of part C of chapter 57 of the laws of 2006,
 relating to establishing a cost  of  living  adjustment  for  designated
 human services programs, as amended by section 2 of part F of chapter 59
 of the laws of 2011, is amended to read as follows:

 

S  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2006;  provided
 section  one  of  this  act shall expire and be deemed repealed April 1,
 [2015] 2012; provided, further, that sections two and three of this  act
 shall expire and be deemed repealed December 31, 2009.
 

S  2.    Notwithstanding  any  other provision of law to the contrary,
 effective April 1, 2013 and annually thereafter, state agencies  includ
 ing,  but not limited to, the office for people with developmental disa
 bilities, office of mental health, office of  alcoholism  and  substance
 abuse services, office of children and family services, office of tempo
 rary  and  disability  assistance,  department of health, office for the
 aging, division of criminal justice services, office of victim services,
 and state education department that operate, license, certify,  or  fund
 providers  of services shall develop and calculate annual adjustments to
 established payments to providers of such services, based on factors  to
 be  determined by the commissioner of the agency. Such adjustments shall
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14451-01-2
 
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 be based on performance metrics to be developed by the commissioners  of
 such  agencies  which shall include, but not be limited to the following
 to the extent practicable: the actual costs of providing such  services,
 the percentages of administrative costs, the determination and levels of
 executive  compensation,  and  such other criteria as such commissioners
 may determine. Such annual adjustments shall be subject to any necessary
 federal approvals and restrictions. The amount of any annual  adjustment
 and  the  metrics  used to determine such adjustment shall be subject to
 the review and approval by vote of both houses of the state legislature.
 

S 3. Notwithstanding any other  provision  of  law  to  the  contrary,
 commencing  on April 1, 2012, the commissioner or director of each state
 agency subject to section two of this  act  shall  have  the  authority,
 subject  to approval by both houses of the state legislature, to promul
 gate regulations or to address by other means the extent and nature of a
 provider's administrative costs and executive compensation  which  shall
 be  eligible  to be reimbursed with state financial assistance or state
 authorized payments for operating expenses. Each  agency  shall  require
 that providers of services that receive reimbursements directly or indi
 rectly from such agency must comply with the following restrictions:

 (a)  No  less than seventy-five percent of the state financial assist
 ance or  state-authorized  payments  for  operating  expenses  shall  be
 directed  to  provide direct care or services rather than to support the
 costs of administration, as these terms are defined  by  the  applicable
 state  agency  in implementing these requirements. This percentage shall
 increase by five percent each year until it shall, no later  than  April
 1, 2015, remain at no less than eighty-five percent thereafter.
 (b) To the extent practicable, reimbursement shall not be provided for
 compensation  paid  or  given  to  any  executive by such provider in an
 amount greater than $199,000 per  annum;  provided,  however,  that  the
 commissioner  of  each state agency shall have discretion to adjust this
 figure annually based on appropriate factors subject to the approval  of
 both  houses of the state legislature. The applicable state agency shall
 define these terms as necessary in implementing  these  requirements.  A
 provider's  failure  to  comply with the requirements established by the
 applicable state agency and the legislature may, at  the  discretion  of
 the commissioner of each state agency, form the basis for termination or
 non-renewal  of  the  agency's contract with or continued support of the
 provider. Upon a showing of good cause, a  provider  may  be  granted  a
 waiver  from  compliance  with  these  requirements  in whole or in part
 subject to the approval of the applicable state agency and  both  houses
 of the state legislature.
 

S  4. 

Section 272 of the public health law is amended by adding a new
 subdivision 12 to read as follows:

 12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  ANY
 PHYSICIAN  TREATING  A  MINOR  AS DEFINED IN SECTION TWENTY-NINE HUNDRED
 SIXTY-ONE OF THIS CHAPTER, RELEASED FROM A RESIDENTIAL SETTING OR  JUVE
 NILE  DETENTION CENTER SHALL BE ALLOWED TO CHOOSE THE DRUG OR DRUGS MOST
 APPROPRIATE FOR THE PATIENT'S TREATMENT REGARDLESS OF WHETHER SUCH  DRUG
 IS  A  PREFERRED  DRUG  OR  NOT. THE PHYSICIAN'S CHOICE OF DRUG SHALL BE
 HONORED AND  REIMBURSED  FOR  A  PERIOD  NOT  TO  EXCEED  THREE  HUNDRED
 SIXTY-FIVE  DAYS AFTER THE MINOR'S RELEASE FROM A RESIDENTIAL SETTING OR
 JUVENILE DETENTION CENTER.
 

S 5. The public health law is amended by adding a new section 2823  to
 read as follows:

 

S  2823.  SUPPORTIVE  HOUSING  DEVELOPMENT  REINVESTMENT PROGRAM.   1.
 NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED  SIXTY-THREE
 
       A. 9830                             3
 OF  THE  STATE  FINANCE  LAW  OR  SECTIONS ONE HUNDRED FORTY-TWO AND ONE
 HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW OR ANY OTHER CONTRA
 RY PROVISION OF LAW,  REINVESTMENT  FUNDS  FOR  SUPPORTIVE  HOUSING  FOR
 VULNERABLE  POPULATIONS  SHALL BE ALLOCATED ANNUALLY BY THE COMMISSIONER
 AND THE COMMISSIONERS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  AND
 THE OFFICE OF MENTAL HEALTH BASED UPON THE FOLLOWING CRITERIA:

 (A)  THE  EFFICIENCY  AND  EFFECTIVENESS OF THE USE OF FUNDING FOR THE
 DEVELOPMENT OF ADEQUATE AND ACCESSIBLE  HOUSING  TO  SUPPORT  VULNERABLE
 PERSONS  IN  THE COMMUNITY AND TO ENSURE ACCESS TO SUPPORTS NECESSARY TO
 MAXIMIZE EXPECTED OUTCOMES; AND
 (B) OTHER RELEVANT FACTORS RELATING TO  THE  MAINTENANCE  OF  EXISTING
 SUPPORTIVE  HOUSING  AND  THE  DEVELOPMENT OF NEW SUPPORTIVE HOUSING AND
 ASSOCIATED SERVICES.
 2. AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL  BE  USED  ONLY  TO
 FUND  HOUSING  DEVELOPMENT  ACTIVITIES  AND  OTHER  GENERAL PROGRAMMATIC
 ACTIVITIES TO HELP ENSURE A STABLE  SYSTEM  OF  SUPPORTIVE  HOUSING  FOR
 VULNERABLE PERSONS IN THE COMMUNITY.
 3. SUCH COMMISSIONERS ARE AUTHORIZED AND EMPOWERED TO MAKE INSPECTIONS
 AND  EXAMINE RECORDS OF ANY ENTITY FUNDED PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION. SUCH EXAMINATION SHALL INCLUDE ALL  MEDICAL,  SERVICE  AND
 FINANCIAL  RECORDS,  RECEIPTS, DISBURSEMENTS, CONTRACTS, LOANS AND OTHER
 MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER.
 4. THE AMOUNT OF SUPPORTIVE HOUSING DEVELOPMENT REINVESTMENT FUNDS FOR
 SUCH AGENCIES SHALL BE ITEMIZED IN THE ANNUAL BUDGET IN AN AMOUNT DETER
 MINED BY SUCH COMMISSIONERS, SUBJECT TO THE APPROVAL OF THE DIRECTOR  OF
 THE  BUDGET.    THIS  AMOUNT  SHALL  INCLUDE  THE AMOUNT OF GENERAL FUND
 SAVINGS DIRECTLY RELATED TO INPATIENT  HOSPITAL  AND  NURSING  HOME  BED
 DECERTIFICATION  AND/OR  FACILITY  CLOSURE.    THE METHODOLOGIES USED TO
 CALCULATE THE SAVINGS SHALL BE DEVELOPED BY SUCH COMMISSIONERS  AND  THE
 DIRECTOR  OF  THE  BUDGET.  IN  NO  EVENT SHALL THE FULL ANNUAL VALUE OF
 SUPPORTIVE HOUSING DEVELOPMENT  REINVESTMENT  PROGRAMS  ATTRIBUTABLE  TO
 INPATIENT  HOSPITAL AND NURSING HOME BED DECERTIFICATION AND/OR FACILITY
 CLOSURE EXCEED THE TWELVE MONTH VALUE OF THE DEPARTMENT OF HEALTH GENER
 AL FUND REDUCTIONS RESULTING FROM SUCH DECERTIFICATION  AND/OR  FACILITY
 CLOSURE.
 5.  THE  ANNUAL  SUPPORTIVE HOUSING DEVELOPMENT REINVESTMENT APPROPRI
 ATION SHALL REFLECT A PROPORTION OF THE AMOUNT OF GENERAL  FUND  SAVINGS
 RESULTING  FROM SUBDIVISION FOUR OF THIS SECTION. WITHIN ANY FISCAL YEAR
 WHERE APPROPRIATION INCREASES ARE RECOMMENDED FOR THE SUPPORTIVE HOUSING
 DEVELOPMENT REINVESTMENT PROGRAM, INSOFAR  AS  PROJECTED  BED  DECERTIF
 ICATION  AND/OR FACILITY CLOSURES DO NOT OCCUR AS ESTIMATED, AND GENERAL
 FUND SAVINGS DO NOT RESULT, THEN THE REINVESTMENT APPROPRIATIONS MAY  BE
 REDUCED IN THE NEXT YEAR'S ANNUAL BUDGET ITEMIZATION.
 6.  AMOUNTS MADE AVAILABLE TO THE SUPPORTIVE HOUSING DEVELOPMENT REIN
 VESTMENT PROGRAM OF SUCH AGENCIES SHALL BE SUBJECT TO  ANNUAL  APPROPRI
 ATIONS THEREFOR.
 7.  NO  PROVISION  IN THIS SECTION SHALL CREATE OR BE DEEMED TO CREATE
 ANY RIGHT, INTEREST OR ENTITLEMENT TO SERVICES OR FUNDS THAT ARE SUBJECT
 TO THIS SECTION, OR TO ANY OTHER SERVICES OR FUNDS, WHETHER TO  INDIVID
 UALS, LOCALITIES, PROVIDERS OR OTHERS, INDIVIDUALLY OR COLLECTIVELY.
 8.  ALL  APPROPRIATIONS  FOR  SUPPORTIVE  HOUSING DEVELOPMENT SHALL BE
 ADJUSTED IN THE FOLLOWING FISCAL YEAR TO REFLECT  THE  VARIANCE  BETWEEN
 THE INITIAL AND REVISED ESTIMATES OF BED DECERTIFICATION AND/OR FACILITY
 CLOSURE.
 9. SUCH COMMISSIONERS SHALL PROMULGATE REGULATIONS, AND MAY PROMULGATE
 EMERGENCY REGULATIONS, TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
 
       A. 9830                             4
 

S  6.  This act shall take effect immediately; provided, however, that
 the amendments to section 272 of the public health law made  by  section
 four  of  this act shall not affect the repeal of such section and shall
 be deemed repealed therewith.

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