This bill has been amended

Bill S2809-2011

Enacts into law major components of legislation necessary to implement the health and mental hygiene budget for the 2011-2012 state fiscal plan

Relates to Medicare part D; relates to early intervention services; relates to tobacco control and insurance initiatives pool distributions; relates to clinical laboratories; relates to the distribution of HEAL NY capital grants; extends numerous provisions of law; repeals provisions of law relating to elderly pharmaceutical insurance; relates to rates of payment and medical assistance; relates to the distribution of pool allocations and graduate medical education; relates to health care initiative pool distributions; extends payment provisions for general hospitals; extends access to community health care services in rural areas; continues the priority restoration adjustment; relates to medical and professional malpractice insurance; relates to the liquidation of domestic insurers; relates to rates of payment for personal care service providers, residential health care facilities and diagnostic and treatment centers; relates to payments to residential health care facilities and other reimbursements; authorizes bad debt and charity care allowances for certified home health agencies; relates to capital related inpatient expenses; relates to rates of payment for long term home health care programs; relates to the effectiveness of the child health insurance plan; relates to the suspension of eligibility for medical assistance; foregoes certain adjustments during the 2011-2012 state fiscal year; relates to the closure and the reduction in size of certain facilities serving persons with mental illness; relates to general hospital inpatient reimbursement for annual rates; establishes ceiling limitations for certain rates of payment; repeals certain provisions of the social services law relating to prescription drug payments; initiates a study to determine costs incurred by public school districts for certain medical care, services and supplies; relates to the calculation of capital costs; relates to the HIV special needs plan; relates to the pharmacy and therapeutics committee and the preferred drug program; relates to covered part D drugs, limited coverage for formula therapy, prescription footwear, speech therapy, physical therapy and occupational therapy, payment for home health care nursing services, and coverage for smoking cessation counseling services, the furnishing of medical assistance to applicants with responsible relatives, and mail order prescriptions; relates to the commissioner of health's authority to negotiate agreements resolving multiple pending rate appeals; relates to diagnostic care centers; relates to temporary operator certificates for general hospitals or diagnostic and treatment centers; relates to health home services; relates to managed long term care plans and residential health care facilities; relates to insurance co-payments; provides palliative care support for patients with advanced life limiting conditions and illnesses; relates to the provision of home health care services; establishes a workgroup to develop a plan and draft legislation for the purpose of operating and managing public nursing homes; encourages cooperative, collaborative and integrative arrangements between health care providers, payers, and others; relates to the definition of estate; relates to the New York state medical indemnity fund and the New York state hospital quality initiative; requires compliance with operational standards by hospitals and providers of services in hospitals; creates an accountable care organization demonstration program; limits the reporting of death by the operator of an adult home or residence; requires preclaim review for participating providers of medical assistance program items and services; relates to seeking federal approvals to establish payment methodologies with accountable care organizations; relates to medical assistance for needy persons; relates to the character and adequacy of assistance; relates to residential health care facility supplemental payments, non-capital components of rates, and temporary nursing home stability contributions; authorizes the commissioner of health to enter into contracts for purposes of the Early Innovator federal grant award; and relates to applications for orders of rehabilitation or liquidation.

Details

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  • Feb 1, 2011: REFERRED TO FINANCE

Memo

BILL NUMBER:S2809

TITLE OF BILL:

An act to amend the elder law, in relation to Medicare part D; to amend the public health law and the insurance law, in relation to early intervention services; to amend the public health law and the elder law, in relation to creating local competitive performance grant programs for priority health initiatives and initiatives in aging; to amend the public health law, in relation to tobacco control and insurance initiatives pool distributions; to amend the public health law, in relation to clinical laboratories; to amend the public health law, in relation to distribution of HEAL NY capital grants; to amend section 32 of part A of chapter 58 of the laws of 2008, amending the elder law and other laws relating to reimbursement to particular provider pharmacies and prescription drug coverage, in relation to the effectiveness thereof; to amend section 4 of part X2 of chapter 62 of the laws of 2003, amending the public health law relating 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 the effectiveness thereof; to amend paragraph b of subdivision 1 of section 76 of chapter 731 of the laws of 1993, amending the public health law and other laws relating to reimbursement, delivery and capital costs of ambulatory health care services and inpatient hospital services, in relation to the effectiveness thereof; to amend section 4 of chapter 505 of the laws of 1995, amending the public health law relating to the operation of department of health facilities, in relation to the effectiveness thereof; to amend section 3 of chapter 303 of the laws of 1999, amending the New York state medical care facilities finance agency act relating to financing health facilities, in relation to the effectiveness thereof; to repeal subdivisions 4 and 5 of section 2545 of the public health law, relating to IFSP; to repeal paragraph (b) of subdivision 2 of section 605 of the public health law, relating to state aid for basic services; to repeal subdivision 2, and paragraphs (c), (d) and (g) of subdivision 3 of section 242 of the elder law, relating to eligibility for comprehensive coverage for elderly pharmaceutical insurance; to repeal section 244 of the elder law, relating to the elderly pharmaceutical insurance coverage panel; to repeal subdivisions 1, 2 and 4 of section 247 of the elder law, relating to cost-sharing responsibilities of participants in the elderly pharmaceutical insurance coverage program; and to repeal section 248 of the elder law, relating to cost-sharing responsibilities of participants in the elderly catastrophic insurance program (Part A); to amend the public health law, in relation to rates of payment and medical assistance; and to amend chapter 58 of the laws

of 2009, amending the public health law and other laws relating to Medicaid reimbursements to residential health care facilities, in relation to adjustments to Medicaid ratio of payment for inpatient services (Part B); to amend the New York Health Care Reform Act of 1996, in relation to extending certain provisions relating thereto; 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, in relation to the distribution of pool allocations and graduate medical education; 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 public health law, in relation to health care initiative pool distributions; to amend the public authorities law, in relation to the transfer of certain funds; to amend the social services law, in relation to extending payment provisions for general hospitals; to amend chapter 600 of the laws of 1986 amending the public health law relating to the development of pilot reimbursement programs for ambulatory care services, in relation to the effectiveness of such chapter; to amend chapter 520 of the laws of 1978 relating to providing for a comprehensive survey of health care financing, education and illness prevention and creating councils for the conduct thereof, in relation to extending the effectiveness of portions thereof; to amend the public health law, in relation to extending access to community health care services in rural areas; to amend the public health law, in relation to continuing the priority restoration adjustment; 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 applicability of certain provisions thereof; to amend the insurance law, in relation to liquidation of domestic insurers; to amend chapter 63 of the laws of 2001 amending chapter 20 of the laws of 2001 amending the military law and other laws relating to making appropriations for the support of government, in relation to extending the applicability of certain provisions thereof; 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 the social services law and the public health law, in relation to rates of payment for personal care service providers, residential health care facilities and diagnostic and treatment centers; and to amend chapter 495 of the laws of 2004 amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness of such provisions (Part C); to amend the public health law, in relation to payments to residential health care facilities; to amend chapter 474 of the laws of 1996, amending the education law and other laws relating to rates for residential healthcare facilities, in relation to

reimbursements; to amend chapter 884 of the laws of 1990, amending the public health law relating to authorizing bad debt and charity care allowances for certified home health agencies, in relation to the effectiveness thereof; to amend chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, in relation to reimbursements and the effectiveness thereof; to amend the public health law, in relation to capital related inpatient expenses; to amend part C of chapter 58 of the laws of 2007, amending the social services law and other laws relating to enacting the major components of legislation necessary to implement the health and mental hygiene budget for the 2007-2008 state fiscal year, in relation to rates of payment by state governmental agencies; to amend chapter 451 of the laws of 2007, amending the public health law, the social services law and the insurance law, relating to providing enhanced consumer and provider protections, in relation to extending the effectiveness of certain provisions thereof; to amend the public health law, in relation to rates of payment for long term home health care programs; to amend chapter 2 of the laws of 1998, amending the public health law and other laws relating to expanding the child health insurance plan, in relation to the effectiveness of certain provisions thereof; to amend chapter 649 of the laws of 1996, amending the public health law, the mental hygiene law and the social services law relating to authorizing the establishment of special needs plans, in relation to the effectiveness thereof; to amend chapter 58 of the laws of 2008, amending the social services law and the public health law relating to adjustments of rates, in relation to the effectiveness of certain provisions thereof; to amend chapter 535 of the laws of 1983, amending the social services law relating to eligibility of certain enrollees for medical assistance, in relation to the effectiveness 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 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; 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 repeal certain provisions of the public health law relating to capital related inpatient expenses; and to repeal certain provisions of chapter 41 of the laws of 1992, amending the public health law and other laws relating to health care providers relating to the effectiveness of certain provisions thereof (Part D); to amend the social services law, in relation to suspension of eligibility for medical assistance (Part E); 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 2011-2012 state fiscal year (Part F); and to amend the mental hygiene law, in relation to the closure and the reduction in size of certain facilities serving persons with mental illness; and to repeal certain provisions of such law relating thereto (Part G)

PURPOSE:

This bill contains provisions needed to implement the Health and Mental Hygiene portions of the 2011-12 Executive Budget.

This memorandum describes Parts A through G of the bill which are described wholly within the parts listed below.

Part A - Improve public health services and achieve savings by modifying Elderly Pharmaceutical Insurance Coverage, Early Intervention, and General Public Health Work, and implementing various other changes.

PURPOSE:

This bill contains provisions needed to implement the 2011-12 Executive Budget through cost savings and various other changes in the Department of Health (DOH) and the State Office for the Aging (SOFA).

STATEMENT IN SUPPORT. SUMMARY OF PROVISIONS, EXISTING LAW, AND PRIOR LEGISLATIVE HISTORY:

This bill generates State Financial Plan savings by modifying the Elderly Pharmaceutical Insurance Coverage (EPIC), Early

Intervention (EI) and General Public Health Work (GPHW) programs, and implementing various other changes.

Section 1 of the bill amends Elder Law § 242(3) to eliminate the Part D premium assistance payment and deductible credit currently provided by EPIC.

Section 2 of the bill amends Elder Law § 241 to eliminate references to the EPIC application fee and deductible credit and define the "coverage gap period" and "Medicare Part D excluded drug classes."

Sections 3 of the bill through 3-n amend Elder Law §§ 242, 243, 244, 247, 248, 250 and 254 to provide for EPIC coverage only while a participant is in the Medicare Part D coverage gap and to streamline the program through measures such as the elimination of transitional assistance, financial hardship exemptions, the EPIC panel, the EPIC registration fee, and catastrophic drug coverage.

Section 4 of the bill provides for a 10 percent across-the-board reduction in rates for the EI program.

Section 5 of the bill amends public Health Law § 2559 to require providers who receive more than $500,000 from Medicaid for EI services each year to seek reimbursement directly from Medicaid prior to seeking payment from municipalities for these services.

Sections 6 through 10 of the bill are intentionally omitted.

Section 11 of the bill amends Insurance Law § 3235-a to prohibit Insurance companies from denying claims for medical services normally covered under the terms of a policy based on prior authorization requirements, the location where services are provided, the duration of the condition, the likelihood of significant improvement, or the network status of the service provider.

Section 12 of the bill amends Public Health Law § 2545 to eliminate the requirement that a child's parents and an El official agree on the child's initial Individualized Family Service Plan (IFSP) before the EI official can authorize EI services. This change complies with Federal regulations which only require parental consent on services prior to authorization.

Section 13 of the bill amend s Public Health Law § 605 to eliminate reimbursement for optional services for the GPHW program.

Section 14 of the bill adds a new Public Health Law § 212 to establish a Local Competitive Performance Grant program for priority health initiatives by authorizing the commissioner of Health to make grants and enter into contracts (within amounts appropriated) with public, non-profit or private entities.

Section 15 of the bill adds a new Elder Law § 224 to establish a Local Competitive Performance Grant program for priority initiatives in aging by authorizing the Director of SOFA to make grants and enter into contracts (within amounts appropriated) with public, non-profit or private entities.

Section 16 of the bill makes a technical amendment to Public Health Law § 2807-v to delink the funding for the Empire State Stem Cell Fund authorized by the Health Care Reform Act (HCRA) from any potential conversion proceeds to allow for spending from current HCRA resources.

Section 17 of the bill is intentionally omitted.

Sections 18 of the bill through 21 amend Public Health Law §§ 571,575, 576 and 577 to update and clarify the cost components of the methodology used to determine fees that support DOH's oversight system for clinical laboratories and blood banks.

Sections 22 through 25 of the bill are intentionally omitted.

Section 25-a of the bill amends Public Health Law § 2818 to authorize the Commissioner of Health to distribute funds available under the Health Care Efficiency and Affordability Law for New Yorkers (HEAL-NY) program through grants to general hospitals and nursing homes, without a competitive bid or request for proposal process, to facilitate closures, mergers and restructuring of such facilities for the purpose of promoting access to essential health care services.

Section 26 of the bill amends Chapter 58 of the Laws of 2008 to make permanent an increase in certain maximum monetary penalties for violations of the Public Health or its associated regulations and the dedication of revenue generated from such increase to the support of the Patient Safety Center.

Section 27 of the bill amends Chapter 62 of the Laws of 2003 to extend for two years a provision allowing the use Office of Professional Medical Conduct (OPMC) funds for activities that support patient safety initiatives.

Section 28 of the bill amends Chapter 731 of the Laws of 1993 to provide a three year extension of the health occupation development and work place demonstration programs.

Section 29 of the bill amends Chapter 505 of the Laws of 1995 to make permanent the statute authorizing a streamlined process for contracts for the purchase of goods and services for State hospitals operated by DOH up threshold amounts.

Section 30 of the bill amends Chapter 303 of the Laws of 1999 to make permanent the statute permitting the Dormitory Authority of the State of New York to bundle Primary Care Development Corporation projects and refinance them at lower cost.

Section 31 of the bill sets effective dates for these provisions and authorizes the Commissioner of Health to promulgate emergency regulations if necessary to implement the provisions of sections 18 through 21 of the bill.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012 Executive Budget, which recommends State Financial Plan savings of $75.8 million in 2011-12 and $187.5 million in 2012-13 as follows:

* $58.4 million in savings in 2011-12 ($93.2 million in 2012-13) associated with reforming the EPIC program.

* $11.6 million in savings in 2011-12 ($50.8 million in 2012-13) associated with modifying the EI program.

* $10.5 million in savings in 2011-12 ($52.8 million in 2012-13) associated with eliminating optional services under the GPHW program.

* $3.9 million in costs in 2011-12 ($7.7 million in 2012-13) associated with establishing a Local Competitive Performance Grant Program for DOH.

* $0.8 million in costs in 2011-12 ($1.6 million in 2012-13) associated with establishing a Local Competitive Performance Grant Program for SOFA.

EFFECTIVE DATE:

This bill takes effect April 1, 2011, with the following exceptions:

* Section 1 takes effect July 1, 2011;

* Sections 2 through 3-n take effect January 1, 2012; and

* Section 13 takes. effect on July 1, 2011.

Part B - Suspend implementation of a new nursing home reimbursement method and extend the reimbursement cap, authorize certain Medicaid payments and extend authorization to collect nursing home assessment revenue.

PURPOSE:

This bill is necessary to suspend the implementation of a new nursing home reimbursement methodology and extend the existing nursing home reimbursement cap and authorization to collect nursing home assessment revenue. In addition, this bill authorizes certain Medicaid payments to State University of New York (SUNY) hospitals, AIDS Adult Day Health Care (ADHC) providers and providers treating Huntington's disease.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND PRIOR LEGISLATIVE HISTORY:

Section 1 of the bill authorizes supplemental Medicaid payments for professional services provided by physicians, nurse practitioners, and physician assistants participating in practice plans affiliated with SUNY hospitals.

Section 2 of the bill amends Public Health Law § 2807-c to require hospitals to submit additional data to the Department of Health for

the purpose of calculating provider specific disproportionate share hospital caps, in accordance with Federal requirements.

Section 3 of the bill amends Public Health Law § 2808 to suspend implementation of the nursing home rebasing methodology until July 1, 2011.

Section 4 of the bill amends Chapter 58 of the Laws of 2009 to extend the $210 million (gross) annual cap on nursing home rate increases through March 31,2012.

Section 5 of the bill authorizes Medicaid payments for nursing homes with discrete units for treating patients with Huntington's disease.

Sections 6 and 7 of the bill allow prior year Medicaid payments to be made to adult day health care providers treating patients with AIDS.

Section 8 of the bill amends Public Health Law § 2807 -d to permanently extend authorization to collect nursing home gross receipts assessments.

Section 9 of the bill provides that the State shall not take any administrative or statutory action that would cause the state share of Medicaid spending to grow at an annual rate that exceeds a 10-year rolling average of the medical component of the Consumer Price Index.

Sections 10, 11, 12 and 13 of the bill set forth provisions pertaining to statutory references, time frames for notice, severability and effective dates.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012 Executive Budget by authorizing the collection of $556 million in annual revenues and the payment of funds as assumed in the State's Financial Plan.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

Part C - Extend the Health Care Reform Act (HCRA) for three years.

PURPOSE:

This bill extends the provisions of the Health Care Reform Act (HCRA) governing the financing of health care. services through March 31, 2014. Currently, HCRA is scheduled to sunset on March 31, 2011.

SUMMARY OF PROVISIONS, EXISTING LAW, PRIOR LEGISLATIVE HISTORY, STATEMENT IN SUPPORT:

In 1996, New York enacted the Health Care Reform Act (HCRA), which replaced the hospital reimbursement system in existence since 1983 with a deregulated system. This Act was designed to improve the fiscal health of hospitals and

support critical public health programs. It was subsequently extended and modified several times, most recently by Chapter 58 of the Laws of 2008, which reauthorized HCRA through March 31, 2011.

This bill extends HCRA through March 31, 2014 and amends provisions in order to maximize the use of available revenue sources, modify programs and secure the fiscal viability of HCRA through its proposed extension period. Specifically:

Sections 1 through 3 of the bill amend various provisions to extend effective dates through March 31, 2014. These provisions include the continuation of the Medicaid inpatient hospital reimbursement. methodology as well as the collection and allocation of HCRA surcharges.

Section 4 of the bill provides funding for various administrative costs of the Department of Health to assist in the implementation of HCRA programs.

Sections 5, 5-a, 5-b and 6 of the bill amend Public Health Law § 2807-s to extend authorization for the collection of the Covered Lives Assessment through March 31, 2014.

Sections 7 and 8 of the bill amend Public Health Law §§ 2807-1 and 2807-v to extend the Health Care Initiatives and Tobacco Control and Insurance Initiatives Pools.

Section 9 of the bill amends Public Authorities Law § 1680-j to modify and extend the authority to transfer funds from HCRA to the General Fund for purposes related to subsidizing Health Care Efficiency and Affordability Law for New Yorkers (HEAL-NY) capital grants and debt service costs.

Sections 10 through 12 of the bill extend the authorization for certain provisions historically extended with HCRA (ie.; timely hospital admission billing payments, uniform fiscal intermediary billing requirements, the Council on Health Care Financing, and the Ambulatory Care Pilot Program).

Sections 13 and 14 of the bill amend Public Health Law §§ 2952 and 2958 to extend provisions regarding funding for the Rural Health Network and Access Development Programs.

Sections 15 through 20 of the bill extend the Physician's Excess Medical Malpractice Program through June 30, 2014.

Sections 21 through 25 of the bill amend various provisions to extend the Primary Care Case Management Program, the Upstate Personal Care and Home Care Workforce Recruitment and Retention Programs, and the Entertainment Industry Worker Insurance Demonstration Program through March 31, 2014.

Section 26 and 26-a of the bill amend Public Health Law § 2807-m to extend the authorization for Area Health Education Centers (AHEC), the Empire Clinical Research Investigator Program (ECRIP) and the

Doctors Across New York program, including programs such as the Physician Loan Repayment and Practice Support Programs.

Section 27 of the bill amends Public Health Law § 2807-p to extend authorization for State-only grant payments for clinic bad debt and charity care.

Sections 28 and 29 of the bill amend Public Health Law §§ 2807-k and 2807-w to extend hospital indigent care payments through December 31, 2014.

Sections 30 and 31 of the bill amend Public Health Law § 2807-j to clarify that, similar to physicians employed by a hospital, private practice physicians who bill discretely in a hospital or clinic are not required to pay HCRA surcharges. Sections 32 through 35 of the bill pertain to waiver authority, time frames for notice, severability and effective dates.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive Budget and the State's multi-year Financial Plan, which reflects the continuation of HCRA funding for a number of important health programs and revenue sources.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

Part D - Extend various provisions of the Public Health, Social Services and Mental Hygiene laws, including continued authorization of previously enacted Medicaid savings initiatives.

PURPOSE:

This bill is necessary to maintain Financial Plan savings by continuing various previously enacted Medicaid cost containment actions authorized in the Public Health, Social Services and Mental Hygiene Laws.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND PRIOR LEGISLATIVE HISTORY:

Section 1 of the bill permanently extends authorization for up to $300 million annually for nursing home "upper payment limit" (UPL) payments for non-state operated public nursing homes.

Section 2 of the bill permanently extends unconsolidated law authorizing "intergovernmental transfer" (IGT) payments to non-New York City "disproportionate share hospitals" (DSH).

Section 3 of the bill extends authorization for bad debt and charity care allowances for certified home health agencies through 2013.

Sections 4 through 8 of the bill permanently extend provisions relating to Medicaid capital cost reimbursement and remove references to Medicare that are no longer relevant.

Section 9 of the bill permanently continues the exclusion of the 1996-97 trend factor from nursing home and inpatient rates.

Section 10 of the bill permanently continues the 0.25 percent trend factor reduction for hospitals and nursing homes.

Sections 11 through 14 and 14-a of the bill extend the requirement that nursing homes, hospitals, certified home health care and long term home health care providers maximize Medicare revenues through February 1, 2013.

Sections 15 and 16 of the bill remove a $1.5 million reconciliation limit for the certified home health care agency administrative and general cap.

Section 17 of the bill extends the requirement that parties to a contract between a hospital and a managed care organization (MCO) continue to abide by the terms of the contract for two months from the effective date of contract termination or non-renewal, unless certain circumstances are met, through June 30, 2013.

Section 18 of the bill permanently extends a limitation on the reimbursement of the long term home health care program administrative and general costs to a statewide average.

Section 19 of the bill permanently extends certain income and benefit expansions relating to Child Health Plus and facilitated enrollment.

Section 20 of the bill permanently extends authorization for partially capitated managed care plans to provide primary care and preventive services to Medicaid recipients as well as HIV special needs plans.

Section 21 of the bill extends authorization for the Commissioner of Health to establish utilization thresholds for Medicaid services through July 1, 2014.

Section 22 of the bill permanently extends authorization for the Medicaid program, subject to the availability of Federal financial participation, to cover Medicaid Managed Care (MMC) premiums for the six-month period beginning with enrollment in a MMC plan, even if the enrollee loses eligibility for Medicaid before the end of such period.

Section 23 of the bill continues the statutory requirement that establishes limited licensed home care service agencies in adult homes or enriched housing programs as providers of personal care and limited medical services.

Section 24 of the bill extends the managed care pharmacy carve-out through March 31, 2014.

Section 25 of the bill permanently extends the Medicaid managed care program.

Sections 26 and 26-a of the bill permanently extend Medicaid co-payments.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive Budget because it ensures the continuation of previously enacted State Financial Plan savings totaling $221.6 million annually.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

Part E - Amend the Medicaid eligibility status of individuals served in Institutions for Mental Diseases (IMD).

PURPOSE:

This bill is designed to allow the Office of Mental Health (OMH) to suspend, rather than terminate, Medicaid. (MA) eligibility for individuals who are served in Institutions for Mental Disease (IMD), thereby preventing a delay in their receipt of needed services after discharge from the institution, and also preventing significant loss of Federal MA funding to the State.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND PRIOR LEGISLATIVE HISTORY:

Currently, the State terminates MA eligibility for individuals between the ages of 22 and 64 when they are admitted to a psychiatric hospital, or other facility classified by the Federal government as an IMD, since services provided to such individuals in such facilities are not eligible for Federal Financial Participation (FFP) under MA law and regulations. However, upon discharge from and IMD facility such individuals are required to re-enroll in MA in order to receive reimbursable services. Although technically eligible for MA upon discharge, there is usually a lag until eligibility is re-established.

This delay in eligibility can negatively impact post-discharge continuity of care, because individuals are unable to timely access needed care, which in turn leads to increases in relapse rates, emergency care reliance and otherwise avoidable hospitalizations. Service providers and State and local governments are also more likely to bear the full cost of their care, without the Federal assistance such services would generate under MA. If eligibility is suspended rather than terminated upon admission to an IMD facility, individuals will be better served upon discharge, with immediate access to health and mental health services that provide continuity of care and ongoing support that can reduce recidivism and avoid more costly services.

Furthermore, the Federal Centers for Medicare and MA Services (CMS) has recommended that States suspend rather than terminate eligibility for such individuals. In 2010 CMS also issued guidance indicating that the costs of providing inpatient services for individuals in IMDs whose MA has been terminated will no longer be counted in calculating an IMD's MA "disproportionate share" (DSH) payments, whereas the costs of such patients with suspended eligibility will be countable. Additionally,

many OMH inpatients between 22 and 64 years of age are dually eligible for Medicare and MA when admitted. However, because current State policy results in removal of these individuals from the MA rolls, CMS views them as receiving Medicare only, which is considered third party coverage and therefore ineligible for DSH payments. By suspending instead of terminating eligibility, such individuals would still be on the MA roll, thereby making their uncompensated costs DSH eligible.

Chapter 355 of the Laws of 2007 similarly amended Social Services Law § 366 to authorize State and local correctional facilities to suspend rather than terminate MA eligibility for inmates during an individual's incarceration. As a result of this bill, if such an inmate is released from a correctional facility and immediately admitted to an IMD facility, the former inmate's MA eligibility would continue to be suspended until his or her discharge to the community.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-2012 Executive Budget because it would preserve roughly $200 million in annual DSH revenues that would otherwise be subject to Federal disallowances.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

Part F - Establish a one-year deferral of the Human Services Cost of living Adjustment.

PURPOSE:

This bill defers the Human Services Cost-of-Living Adjustment (COLA) for 2011-12 and extends the adjustment for an additional year, through March 31, 2015.

STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND PRIOR LEGISLATIVE HISTORY:

This bill defers the 2011-12 COLA for designated Human Services programs under the auspices of several State agencies, including the Office for People with Developmental Disabilities, Office of Mental Health, Office of Alcoholism and Substance Abuse Services, Department of Health, State Office for the Aging, and Office of Children and Family Services.

Additionally, this bill seeks to honor the State's commitment to support the COLA for three years by continuing the adjustment for one additional year, through SFY 2014-15.

BUDGET IMPLICATIONS:

Eliminating the formula for the 2011-12 Human Services COLA will result in a savings of $49 million annually to the State.

EFFECTIVE DATE:

This bill takes effect immediately.

Part G - Ensure the efficient and cost-effective delivery of programs and services operated by the Office of Mental Health.

PURPOSE:

This bill ensures that reforms intended to facilitate the cost effective and efficient operation of hospitals, facilities and programs run by the Office of Mental Health (OMH) can be effectuated by the Commissioner. Currently, such reforms are subject to a one year period of delay before they can be implemented.

STATEMENT IN SUPPORTS, SUMMARY OF PROVISIONS, EXISTING LAW, AND PRIOR LEGISLATIVE HISTORY:

This bill provides the OMH Commissioner with the flexibility to determine the most appropriate and effective way to deliver State-operated services, including which facilities and programs should be closed, consolidated, downsized, redesigned or transferred based on a variety of factors, including fiscal and programmatic needs, clinical assessments, and current census figures.

The bill permanently repeals Mental Hygiene Law § 7.17(e), which currently requires a one-year notice for significant service reductions, and notwithstands subdivision (b) that delineates individual State Psychiatric Centers. For 2011-12, the bill also allows the OMH Commissioner to the flexibility to consolidate, reduce, transfer, close or redesign facilities and services notwithstanding MHL Section 41.55, which requires that all savings realized from the closure of hospitals or beds be reinvested into community services.

The approach facilitated by this bill is part of a longstanding effort to have individuals served in the community rather than in institutions, which can be a more appropriate and less costly setting for many individuals.

BUDGET IMPLICATIONS:

Enactment of this bill is necessary to implement the 2011-12 Executive Budget and generate savings associated with a ten percent cut in State operational costs.

EFFECTIVE DATE:

This bill takes effect April 1, 2011.

The provisions of this act shall take effect immediately, provided, however, that the applicable effective date of each part of this act shall be as specifically set forth in the last section of such part.


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STATE OF NEW YORK ________________________________________________________________________ S. 2809 A. 4009 S E N A T E - A S S E M B L Y February 1, 2011 ___________
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 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 AN ACT to amend the elder law, in relation to Medicare part D; to amend the public health law and the insurance law, in relation to early intervention services; to amend the public health law and the elder law, in relation to creating local competitive performance grant programs for priority health initiatives and initiatives in aging; to amend the public health law, in relation to tobacco control and insur- ance initiatives pool distributions; to amend the public health law, in relation to clinical laboratories; to amend the public health law, in relation to distribution of HEAL NY capital grants; to amend section 32 of part A of chapter 58 of the laws of 2008, amending the elder law and other laws relating to reimbursement to particular provider pharmacies and prescription drug coverage, in relation to the effectiveness thereof; to amend section 4 of part X2 of chapter 62 of the laws of 2003, amending the public health law relating 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 the effectiveness thereof; to amend para- graph b of subdivision 1 of section 76 of chapter 731 of the laws of 1993, amending the public health law and other laws relating to reimbursement, delivery and capital costs of ambulatory health care services and inpatient hospital services, in relation to the effec- tiveness thereof; to amend section 4 of chapter 505 of the laws of 1995, amending the public health law relating to the operation of department of health facilities, in relation to the effectiveness thereof; to amend section 3 of chapter 303 of the laws of 1999, amend- ing the New York state medical care facilities finance agency act relating to financing health facilities, in relation to the effective- ness thereof; to repeal subdivisions 4 and 5 of section 2545 of the public health law, relating to IFSP; to repeal paragraph (b) of subdi- vision 2 of section 605 of the public health law, relating to state EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12571-01-1 S. 2809 2 A. 4009 aid for basic services; to repeal subdivision 2, and paragraphs (c), (d) and (g) of subdivision 3 of section 242 of the elder law, relating to eligibility for comprehensive coverage for elderly pharmaceutical insurance; to repeal section 244 of the elder law, relating to the elderly pharmaceutical insurance coverage panel; to repeal subdivi- sions 1, 2 and 4 of section 247 of the elder law, relating to cost- sharing responsibilities of participants in the elderly pharmaceutical insurance coverage program; and to repeal section 248 of the elder law, relating to cost-sharing responsibilities of participants in the elderly catastrophic insurance program (Part A); to amend the public health law, in relation to rates of payment and medical assistance; and to amend chapter 58 of the laws of 2009, amending the public health law and other laws relating to Medicaid reimbursements to resi- dential health care facilities, in relation to adjustments to Medicaid ratio of payment for inpatient services (Part B); to amend the New York Health Care Reform Act of 1996, in relation to extending certain provisions relating thereto; 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, in relation to the distrib- ution of pool allocations and graduate medical education; to amend chapter 62 of the laws of 2003 amending the general business law and other laws relating to enacting major components necessary to imple- ment the state fiscal plan for the 2003-04 state fiscal year, in relation to the deposit of certain funds; to amend the public health law, in relation to health care initiative pool distributions; to amend the public authorities law, in relation to the transfer of certain funds; to amend the social services law, in relation to extending payment provisions for general hospitals; to amend chapter 600 of the laws of 1986 amending the public health law relating to the development of pilot reimbursement programs for ambulatory care services, in relation to the effectiveness of such chapter; to amend chapter 520 of the laws of 1978 relating to providing for a comprehen- sive survey of health care financing, education and illness prevention and creating councils for the conduct thereof, in relation to extend- ing the effectiveness of portions thereof; to amend the public health law, in relation to extending access to community health care services in rural areas; to amend the public health law, in relation to contin- uing the priority restoration adjustment; 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 applicability of certain provisions thereof; to amend the insurance law, in relation to liquidation of domestic insurers; to amend chapter 63 of the laws of 2001 amending chapter 20 of the laws of 2001 amending the military law and other laws relating to making appropriations for the support of government, in relation to extending the applicability of certain provisions thereof; 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 the social services law and the public health law, in relation to rates of payment for personal care service providers, residential health care facilities and diagnostic and treatment centers; and to amend chapter 495 of the laws of 2004 amending the insurance law and the public health law relating to the New York state health insurance continuation assist- ance demonstration project, in relation to the effectiveness of such provisions (Part C); to amend the public health law, in relation to S. 2809 3 A. 4009 payments to residential health care facilities; to amend chapter 474 of the laws of 1996, amending the education law and other laws relat- ing to rates for residential healthcare facilities, in relation to reimbursements; to amend chapter 884 of the laws of 1990, amending the public health law relating to authorizing bad debt and charity care allowances for certified home health agencies, in relation to the effectiveness thereof; to amend chapter 81 of the laws of 1995, amend- ing the public health law and other laws relating to medical reimbursement and welfare reform, in relation to reimbursements and the effectiveness thereof; to amend the public health law, in relation to capital related inpatient expenses; to amend part C of chapter 58 of the laws of 2007, amending the social services law and other laws relating to enacting the major components of legislation necessary to implement the health and mental hygiene budget for the 2007-2008 state fiscal year, in relation to rates of payment by state governmental agencies; to amend chapter 451 of the laws of 2007, amending the public health law, the social services law and the insurance law, relating to providing enhanced consumer and provider protections, in relation to extending the effectiveness of certain provisions thereof; to amend the public health law, in relation to rates of payment for long term home health care programs; to amend chapter 2 of the laws of 1998, amending the public health law and other laws relating to expanding the child health insurance plan, in relation to the effec- tiveness of certain provisions thereof; to amend chapter 649 of the laws of 1996, amending the public health law, the mental hygiene law and the social services law relating to authorizing the establishment of special needs plans, in relation to the effectiveness thereof; to amend chapter 58 of the laws of 2008, amending the social services law and the public health law relating to adjustments of rates, in relation to the effectiveness of certain provisions thereof; to amend chapter 535 of the laws of 1983, amending the social services law relating to eligibility of certain enrollees for medical assistance, in relation to the effectiveness 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 assist- ance program, in relation to the effectiveness thereof; to amend chap- ter 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; 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 repeal certain provisions of the public health law relating to capital related inpatient expenses; and to repeal certain provisions of chapter 41 of the laws of 1992, amending the public health law and other laws relating to health care providers relating to the effectiveness of certain provisions thereof (Part D); to amend the social services law, in relation to suspension of eligi- bility for medical assistance (Part E); 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 2011-2012 state fiscal year (Part F); and to amend the mental hygiene law, in relation to the closure and the reduction in size of certain facilities serving persons with mental illness; and to repeal certain provisions of such law relating thereto (Part G) S. 2809 4 A. 4009 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2011-2012 state fiscal year. Each component is wholly contained within a Part identified as Parts A through G. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Paragraph (f) of subdivision 3 of section 242 of the elder law, as added by section 3 of part B of chapter 58 of the laws of 2007, is amended to read as follows: (f) As a condition of continued eligibility for benefits under this title, if a program participant is eligible for Medicare part D drug coverage under section 1860D of the federal social security act, the participant is required to enroll in Medicare part D at the first avail- able enrollment period and to maintain such enrollment. This requirement shall be waived if such enrollment would result in significant addi- tional financial liability by the participant, including, but not limit- ed to, individuals in a Medicare advantage plan whose cost sharing would be increased, or if such enrollment would result in the loss of any health coverage through a union or employer plan for the participant, the participant's spouse or other dependent. [The elderly pharmaceu- tical insurance coverage program shall provide premium assistance for all participants enrolled in Medicare part D as follows: (i) for participants with comprehensive coverage under section two hundred forty-seven of this title, the elderly pharmaceutical insurance coverage program shall pay for the portion of the part D monthly premium that is the responsibility of the participant. Such payment shall be limited to the low-income benchmark premium amount established by the federal centers for Medicare and Medicaid services and any other amount which such agency establishes under its de minimus premium policy, except that such payments made on behalf of participants enrolled in a Medicare advantage plan may exceed the low-income benchmark premium amount if determined to be cost effective to the program. (ii) for participants with catastrophic coverage under section two hundred forty-eight of this title, the elderly pharmaceutical insurance coverage program shall credit the participant's annual personal covered drug expenditure amount required under this title by an amount equal to the annual low-income benchmark premium amount established by the centers for Medicare and Medicaid services, prorated for the remaining portion of the participant's elderly pharmaceutical insurance coverage program coverage period. The elderly pharmaceutical insurance coverage program shall, at appropriate times, notify participants with catastrophic coverage under section two hundred forty-seven of this title of their right to coordinate the annual coverage period with that of Medicare part D, along with the possible advantages and disadvantages of doing so.]
S 2. Subdivision 6 of section 241 of the elder law is amended and two new subdivisions 8 and 9 are added to read as follows: 6. "Annual coverage period" shall mean the period of twelve consec- utive calendar months for which an eligible program participant has met the [application fee or deductible requirements, as the case may be, of sections two hundred forty-seven and two hundred forty-eight] REQUIRE- MENTS OF SECTION TWO HUNDRED FORTY-TWO of this title. 8. "COVERAGE GAP PERIOD" SHALL MEAN THE PERIOD BETWEEN THE END OF THE MEDICARE PART D INITIAL COVERAGE PHASE AND THE START OF MEDICARE PART D CATASTROPHIC COVERAGE. 9. "MEDICARE PART D EXCLUDED DRUG CLASSES" SHALL MEAN ANY DRUGS OR CLASSES OF DRUGS, OR THEIR MEDICAL USES, WHICH ARE DESCRIBED IN SECTION 1927(D)(2) OR 1927(D)(3) OF THE FEDERAL SOCIAL SECURITY ACT, WITH THE EXCEPTION OF SMOKING CESSATION AGENTS. S 3. Subdivision 1 of section 242 of the elder law, paragraph (b) as amended by section 14 of part B of chapter 57 of the laws of 2006, is amended to read as follows: 1. Persons eligible for [comprehensive] coverage under [section two hundred forty-seven of] this title shall include: (a) any unmarried resident who is at least sixty-five years of age, WHO IS ENROLLED IN MEDICARE PART D, and whose income for the calendar year immediately preceding the effective date of the annual coverage period beginning on or after January first, two thousand five, is less than or equal to [twenty] THIRTY-FIVE thousand dollars. After the initial determination of eligibility, each eligible individual must be redetermined eligible at least every twenty-four months; and (b) any married resident who is at least sixty-five years of age, WHO IS ENROLLED IN MEDICARE PART D, and whose income for the calendar year immediately preceding the effective date of the annual coverage period when combined with the income in the same calendar year of such married person's spouse beginning on or after January first, two thousand one, is less than or equal to [twenty-six] FIFTY thousand dollars. After the initial determination of eligibility, each eligible individual must be redetermined eligible at least every twenty-four months. S 3-a. Subdivision 2 of section 242 of the elder law is REPEALED. S 3-b. Paragraph (c) of subdivision 3 of section 242 of the elder law is REPEALED and a new paragraph (c) is added to read as follows: (C) FOR PERSONS WHO MEET THE ELIGIBILITY REQUIREMENTS TO PARTICIPATE IN THE ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM, THE PROGRAM WILL PAY FOR A DRUG COVERED BY THE PERSON'S MEDICARE PART D PLAN OR A DRUG IN A MEDICARE PART D EXCLUDED DRUG CLASS, AS DEFINED IN SUBDIVISION NINE OF SECTION TWO HUNDRED FORTY-ONE OF THIS TITLE, DURING THE COVERAGE GAP, AS DEFINED IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED FORTY-ONE OF THIS TITLE, PROVIDED THAT SUCH DRUG IS A COVERED DRUG, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY-ONE OF THIS TITLE, AND THAT THE PARTICIPANT COMPLIES WITH THE POINT OF SALE CO-PAYMENT REQUIREMENTS SET FORTH IN SECTION TWO HUNDRED FORTY-SEVEN OF THIS TITLE. S 3-c. Paragraph (d) of subdivision 3 of section 242 of the elder law is REPEALED. S 3-d. Paragraphs (e) and (f) of subdivision 3 of section 242 of the elder law, paragraph (e) as amended by section 112 of part C of chapter 58 of the laws of 2009, paragraph (f) as added by section 3 of part B of chapter 58 of the laws of 2007, are amended to read as follows: (e) As a condition of [continued] eligibility for benefits under this title, if a program participant's income indicates that the participant could be eligible for an income-related subsidy under section 1860D-14
of the federal social security act by either applying for such subsidy or by enrolling in a medicare savings program as a qualified medicare beneficiary (QMB), a specified low-income medicare beneficiary (SLMB), or a qualifying individual (QI), a program participant is required to provide, and to authorize the elderly pharmaceutical insurance coverage program to obtain, any information or documentation required to estab- lish the participant's eligibility for such subsidy, and to authorize the elderly pharmaceutical insurance coverage program to apply on behalf of the participant for the subsidy or the medicare savings program. The elderly pharmaceutical insurance coverage program shall make a reason- able effort to notify the program participant of his or her need to provide any of the above required information. After a reasonable effort has been made to contact the participant, a participant shall be noti- fied in writing that he or she has sixty days to provide such required information. If such information is not provided within the sixty day period, the participant's coverage may be terminated. (f) As a condition of [continued] eligibility for benefits under this title, [if] a program participant is [eligible for Medicare part D drug coverage under section 1860D of the federal social security act, the participant is] required to [enroll] BE ENROLLED in Medicare part D [at the first available enrollment period] and to maintain such enrollment. [This requirement shall be waived if such enrollment would result in significant additional financial liability by the participant, includ- ing, but not limited to, individuals in a Medicare advantage plan whose cost sharing would be increased, or if such enrollment would result in the loss of any health coverage through a union or employer plan for the participant, the participant's spouse or other dependent. The elderly pharmaceutical insurance coverage program shall provide premium assist- ance for all participants enrolled in Medicare part D as follows: (i) for participants with comprehensive coverage under section two hundred forty-seven of this title, the elderly pharmaceutical insurance coverage program shall pay for the portion of the part D monthly premium that is the responsibility of the participant. Such payment shall be limited to the low-income benchmark premium amount established by the federal centers for Medicare and Medicaid services and any other amount which such agency establishes under its de minimus premium policy, except that such payments made on behalf of participants enrolled in a Medicare advantage plan may exceed the low-income benchmark premium amount if determined to be cost effective to the program. (ii) for participants with catastrophic coverage under section two hundred forty-eight of this title, the elderly pharmaceutical insurance coverage program shall credit the participant's annual personal covered drug expenditure amount required under this title by an amount equal to the annual low-income benchmark premium amount established by the centers for Medicare and Medicaid services, prorated for the remaining portion of the participant's elderly pharmaceutical insurance coverage program coverage period. The elderly pharmaceutical insurance coverage program shall, at appropriate times, notify participants with catastrophic coverage under section two hundred forty-seven of this title of their right to coordinate the annual coverage period with that of Medicare part D, along with the possible advantages and disadvantages of doing so.] S 3-e. Paragraph (g) of subdivision 3 of section 242 of the elder law is REPEALED.
S 3-f. Paragraph (h) of subdivision 3 of section 242 of the elder law, as added by section 3 of part B of chapter 58 of the laws of 2007, is amended to read as follows: (h) [In order to maximize prescription drug coverage under Medicare part D, the] THE elderly pharmaceutical insurance coverage program is authorized to represent program participants under this title [in the pursuit of such] WITH RESPECT TO THEIR MEDICARE PART D coverage. [Such representation shall not result in any additional financial liability on behalf of such program participants and shall include, but not be limit- ed to, the following actions: (i) application for the premium and cost-sharing subsidies on behalf of eligible program participants; (ii) enrollment in a prescription drug plan or MA-PD plan; the elderly pharmaceutical insurance coverage program shall provide program partic- ipants with prior written notice of, and the opportunity to decline such facilitated enrollment subject, however, to the provisions of paragraph (f) of this subdivision; (iii) pursuit of appeals, grievances, or coverage determinations.] S 3-g. Section 243 of the elder law is amended to read as follows: S 243. Pharmaceutical insurance contract. 1. The [elderly pharmaceu- tical insurance coverage panel, established pursuant to section two hundred forty-four of this title] COMMISSIONER OF HEALTH shall, subject to the approval of the director of the budget, enter into a contract with one or more contractors to assist in carrying out the provisions of this title. Such contractual arrangements shall be made subject to a competitive process pursuant to the state finance law and shall ensure that state payments for the contractor's necessary and legitimate expenses for the administration of this program are limited to the amount specified in advance, and that such payments shall not exceed the amount appropriated therefor in any fiscal year. The [panel] COMMISSION- ER shall[, at each of its regularly scheduled meetings,] review the contract pricing provisions to assure that the level of contract payments are in the best interest of the state, giving consideration to the total level of participant enrollment achieved, the volume of claims processed, and such other factors as may be relevant in order to contain state expenditures. In the event that the [panel] COMMISSIONER deter- mines that the contract payment provisions do not protect the interest of the state, the [executive director] COMMISSIONER shall initiate contract negotiations for the purpose of modifying contract payments and/or scope requirements. 2. The responsibilities of the contractor or contractors shall include, but need not be limited to: (a) providing for a method of determining, on an annual basis and upon their application therefor, the eligibility of persons pursuant to section two hundred forty-two of this title within a reasonable period of time, including alternative methods for such determination of eligi- bility, such as through the mail or home visits, where reasonable and/or necessary, and for notifying applicants of such eligibility determi- nations; (b) notifying each eligible program participant in writing upon the commencement of the annual coverage period of such participant's cost- sharing responsibilities pursuant to [sections] SECTION two hundred forty-seven [and two hundred forty-eight] of this title. The contractor shall also notify each eligible program participant of any adjustment of the co-payment schedule by mail no less than thirty days prior to the
effective date of such adjustments and shall inform such eligible program participants of the date such adjustments shall take effect; (c) issuing an identification card to each ELIGIBLE program partic- ipant [who is eligible to purchase prescribed covered drugs for an amount specified pursuant to subdivision three of section two hundred forty-seven or subdivision three of section two hundred forty-eight of this title. The dates of the annual coverage period shall be imprinted on the card. When an eligible program participant meets the annual limits on point of sale co-payments set forth in subdivision four of section two hundred forty-seven or subdivision four of section two hundred forty-eight of this title, either new identification cards shall be issued to such participant indicating waiver of such co-payment requirements for the remainder of the annual coverage period or the contractor shall develop and implement an alternative method to permit the purchase of covered drugs without a co-payment requirement]; (d) [developing and implementing the system for those individuals electing the deductible option to record their personal covered drug expenditures in accordance with subdivision three of section two hundred forty-eight of this title. Such recordkeeping system shall be provided to each such participant at a nominal charge which shall be subject to the approval of the panel. The contractor shall also reimburse partic- ipants for personal covered drug expenditures made in excess of their deductible requirements, less the co-payments required by subdivision four of section two hundred forty-eight of this title, made prior to their receipt of an identification card issued in accordance with para- graph (c) of this subdivision; (e)] processing of claims for reimbursement to participating provider pharmacies pursuant to section two hundred fifty of this title; [(f)] (E) performing or causing to be performed utilization reviews for such purposes as may be required by the [elderly pharmaceutical insurance coverage panel] COMMISSIONER OF HEALTH; [(g)] (F) conducting audits and surveys of participating provider pharmacies as specified pursuant to the terms and conditions of the contract; and [(h)] (G) coordinating coverage with insurance companies and other public and private organizations offering such coverage for those eligi- ble program participants having partial coverage for covered drugs through third-party sources, and providing for recoupment of any dupli- cate reimbursement paid by the state on behalf of such eligible program participants. 3. The contractor or contractors shall be required to provide such reports as may be deemed necessary by the [elderly pharmaceutical insur- ance coverage panel] COMMISSIONER OF HEALTH and shall maintain files in a manner and format approved by the [executive director] COMMISSIONER. 4. The contractor or contractors may contract with private not-for- profit or proprietary corporations, or with entities of local government within the state of New York, to perform such obligations of the contractor or contractors as the [elderly pharmaceutical insurance coverage panel] COMMISSIONER OF HEALTH shall permit. S 3-h. Section 244 of the elder law is REPEALED and a new section 244 is added to read as follows: S 244. POWERS OF THE COMMISSIONER OF HEALTH. THE POWERS OF THE COMMISSIONER OF HEALTH IN ADMINISTERING THE ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
1. SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, PROMULGATING PROGRAM REGULATIONS PURSUANT TO SECTION TWO HUNDRED FORTY-SIX OF THIS TITLE; 2. DETERMINING THE ANNUAL SCHEDULE OF COST-SHARING RESPONSIBILITIES OF ELIGIBLE PROGRAM PARTICIPANTS PURSUANT TO SECTION TWO HUNDRED FORTY-SEV- EN OF THIS TITLE; 3. ENTERING INTO CONTRACTS PURSUANT TO SECTION TWO HUNDRED FORTY-THREE OF THIS TITLE; 4. IMPLEMENTING ALTERNATIVE PROGRAM IMPROVEMENTS FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE; 5. ESTABLISHING OR CONTRACTING FOR A THERAPEUTIC DRUG MONITORING PROGRAM, FOR THE PURPOSE OF MONITORING THERAPEUTIC DRUG USE BY ELIGIBLE PROGRAM PARTICIPANTS IN AN EFFORT TO PREVENT THE INCORRECT OR UNNECES- SARY CONSUMPTION OF SUCH THERAPEUTIC DRUGS. S 3-i. The section heading of section 247 of the elder law is amended to read as follows: Cost-sharing responsibilities of eligible program participants [for comprehensive coverage]. S 3-j. Subdivision 1 of section 247 of the elder law is REPEALED and a new subdivision 1 is added to read as follows: 1. AS A CONDITION OF ELIGIBILITY FOR BENEFITS UNDER THIS TITLE, PARTICIPANTS MUST MAINTAIN MEDICARE PART D COVERAGE AND PAY MONTHLY PREMIUMS TO THEIR MEDICARE PART D DRUG PLAN. S 3-k. Subdivisions 2 and 4 of section 247 of the elder law are REPEALED and subdivision 3 is renumbered subdivision 2 and paragraph (a) is amended to read as follows: (a) [Upon satisfaction of the registration fee pursuant to this section an eligible] A program participant must pay a point of sale co-payment as set forth in paragraph (b) of this subdivision at the time of each purchase of a [covered] drug prescribed for such individual THAT IS DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION TWO HUNDRED FORTY-TWO OF THIS TITLE. [Such co-payment shall not be waived or reduced in whole or in part, subject to the limits provided by subdi- vision four of this section.] S 3-l. Section 248 of the elder law is REPEALED. S 3-m. Section 250 of the elder law, paragraph (a) of subdivision 1 as amended by section 6-a and subparagraph l of paragraph (b) of subdivi- sion 1 as amended by section 1 of part A of chapter 58 of the laws of 2008, paragraph (b) of subdivision 1 as amended by section 17 of part A of chapter 58 of the laws of 2004, subparagraph 1 of paragraph (a) of subdivision 3 and subdivision 5 as amended by section 19 of part B of chapter 57 of the laws of 2006, subdivision 6 as amended by section 19-a of part A of chapter 109 of the laws of 2010, is amended to read as follows: S 250. Reimbursement to participating provider pharmacies. 1. The amount of reimbursement which shall be paid by the state to a partic- ipating provider pharmacy [for any covered drug filled or refilled for any eligible program participant] FILLING OR REFILLING A PRESCRIPTION FOR A DRUG THAT IS DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION TWO HUNDRED FORTY-TWO OF THIS TITLE shall be equal to the allowed amount defined as follows, minus the point of sale co-payment as required by [sections] SECTION two hundred forty-seven [and two hundred forty-eight] of this title:
(a) Multiple source covered drugs. Except for brand name drugs that are required by the prescriber to be dispensed as written, the allowed amount for a multiple source covered drug shall equal the lower of: (1) The pharmacy's usual and customary charge to the general public, taking into consideration any quantity and promotional discounts to the general public at the time of purchase, or (2) The upper limit, if any, set by the centers for medicare and medi- caid services for such multiple source drug, or (3) Average wholesale price discounted by twenty-five percent, or (4) The maximum allowable cost, if any, established by the commission- er of health pursuant to paragraph (e) of subdivision nine of section three hundred sixty-seven-a of the social services law. Plus a dispensing fee for drugs reimbursed pursuant to subparagraphs two, three, and four of this paragraph, as defined in paragraph (c) of this subdivision. (b) Other covered drugs. The allowed amount for brand name drugs required by the prescriber to be dispensed as written and for covered drugs other than multiple source drugs shall be determined by applying the lower of: (1) Average wholesale price discounted by sixteen and twenty-five one hundredths percent, plus a dispensing fee as defined in paragraph (c) of this subdivision, or (2) The pharmacy's usual and customary charge to the general public, taking into consideration any quantity and promotional discounts to the general public at the time of purchase. (c) As required by paragraphs (a) and (b) of this subdivision, a dispensing fee of four dollars fifty cents will apply to generic drugs and a dispensing fee of three dollars fifty cents will apply to brand name drugs. 2. For purposes of determining the amount of reimbursement which shall be paid to a participating provider pharmacy, the [panel] COMMISSIONER OF HEALTH shall determine or cause to be determined, through a statis- tically valid survey, the quantities of each covered drug that partic- ipating provider pharmacies buy most frequently. Using the result of this survey, the contractor shall update every thirty days the list of average wholesale prices upon which such reimbursement is determined using nationally recognized and most recently revised sources. Such price revisions shall be made available to all participating provider pharmacies. The pharmacist shall be reimbursed based on the price in effect at the time the covered drug is dispensed. 3. [(a) Notwithstanding any inconsistent provision of law, the program for elderly pharmaceutical insurance coverage shall reimburse for covered drugs which are dispensed under the program by a provider phar- macy only pursuant to the terms of a rebate agreement between the program and the manufacturer (as defined under section 1927 of the federal social security act) of such covered drugs; provided, however, that: (1) any agreement between the program and a manufacturer entered into before August first, nineteen hundred ninety-one, shall be deemed to have been entered into on April first, nineteen hundred ninety-one; and provided further, that if a manufacturer has not entered into an agree- ment with the department before August first, nineteen hundred ninety- one, such agreement shall not be effective until April first, nineteen hundred ninety-two, unless such agreement provides that rebates will be retroactively calculated as if the agreement had been in effect on April first, nineteen hundred ninety-one; and
(2) the program may reimburse for any covered drugs pursuant to subdi- visions one and two of this section, for which a rebate agreement does not exist and which are determined by the elderly pharmaceutical insur- ance coverage panel to be essential to the health of persons participat- ing in the program; and likely to provide effective therapy or diagnosis for a disease not adequately treated or diagnosed by any other covered drug; and which are recommended for reimbursement by the panel and approved by the commissioner of health. (b) The rebate agreement between such manufacturer and the program for elderly pharmaceutical insurance coverage shall utilize for covered drugs the identical formula used to determine the rebate for federal financial participation for drugs, pursuant to section 1927(c) of the federal social security act, to determine the amount of the rebate pursuant to this subdivision. (c) The amount of rebate pursuant to paragraph (b) of this subdivision shall be calculated by multiplying the required rebate formulas by the total number of units of each dosage form and strength dispensed. The rebate agreement shall also provide for periodic payment of the rebate, provision of information to the program, audits, verification of data, damages to the program for any delay or non-production of necessary data by the manufacturer and for the confidentiality of information. (d) The program in providing utilization data to a manufacturer (as provided for under section 1927 (b) of the federal social security act) shall provide such data by zip code, if requested, for the top three hundred most commonly used drugs by volume covered under a rebate agree- ment. (e) Any funds collected pursuant to any rebate agreements entered into with a manufacturer pursuant to this subdivision, shall be deposited into the elderly pharmaceutical insurance coverage program premium account. 4.]
Notwithstanding any other provision of law, entities which offer insurance coverage for provision of and/or reimbursement for pharmaceu- tical expenses, including but not limited to, entities licensed/certified pursuant to article thirty-two, forty-two, forty- three or forty-four of the insurance law (employees welfare funds) or article forty-four of the public health law, shall participate in a benefit recovery program with the elderly pharmaceutical insurance coverage (EPIC) program which includes, but is not limited to, a semi- annual match of EPIC's file of enrollees against the entity's file of insured to identify individuals enrolled in both plans with claims paid within the twenty-four months preceding the date the entity receives the match request information from EPIC. Such entity shall indicate if phar- maceutical coverage is available from the entity for the insured persons, list the copayment or other payment obligations of the insured persons applicable to the pharmaceutical coverage, and (after receiving necessary claim information from EPIC) list the amounts which the entity would have paid for the pharmaceutical claims for those identified indi- viduals and the entity shall reimburse EPIC for pharmaceutical expenses paid by EPIC that are covered under the contract between the entity and its insured in only those instances where the entity has not already made payment of the claim. Reimbursement of the net amount payable (after rebates and discounts) that would have been paid under the cover- age issued by the entity will be made by the entity to EPIC within sixty days of receipt from EPIC of the standard data in electronic format necessary for the entity to adjudicate the claim and if the standard data is provided to the entity by EPIC in paper format payment by the
entity shall be made within one hundred eighty days. After completing at least one match process with EPIC in electronic format, an entity shall be entitled to elect a monthly or bi-monthly match process rather than a semi-annual match process. [5.] 4. Notwithstanding any other provision of law, the [panel] COMMISSIONER OF HEALTH shall maximize the coordination of benefits for persons enrolled under Title XVIII of the federal social security act (medicare) and enrolled under this title in order to facilitate medicare payment of claims. The [panel] COMMISSIONER OF HEALTH may select an independent contractor, through a request-for-proposal process, to implement a centralized coordination of benefits system under this subdivision for individuals qualified in both the elderly pharmaceutical insurance coverage (EPIC) program and medicare programs who receive medications or other covered products from a pharmacy provider currently enrolled in the elderly pharmaceutical insurance coverage (EPIC) program. [6. (a)] 5. The EPIC program shall be the payor of last resort for individuals qualified in both the EPIC program and title XVIII of the federal social security act (Medicare). [For such individuals, no reimbursement shall be available under EPIC for covered drug expenses except: (i) where a prescription drug plan authorized by Part D of the federal social security act (referred to in this subdivision as a Medicare Part D plan) has approved coverage and EPIC has an obligation under this title to pay a portion of the participant's cost-sharing responsibility under Medicare Part D; or (ii) where the provider pharmacy has certified that a Medicare Part D plan has denied coverage. (b) If the provider pharmacy certifies as set forth in subparagraph (ii) of paragraph (a) of this subdivision, the EPIC program shall pay for the drug as the primary payor upon a showing of compliance with the notification and appeal provisions of subparagraph two of paragraph (c) of subdivision three of section two hundred forty-two of this title.] S 3-n. Section 254 of the elder law is amended to read as follows: S 254. Cost of living adjustment. [1.] Within amounts appropriated, the [panel] COMMISSIONER OF HEALTH shall adjust the program eligibility standards set forth in subdivision [two] ONE of section two hundred forty-two of this title to account for increases in the cost of living. [2. The panel shall further adjust individual and joint income catego- ries set forth in subdivisions two and four of section two hundred forty-eight of this title to conform to the adjustments made pursuant to subdivision one of this section.] S 4. Notwithstanding any contrary provision of law, rates established pursuant to section 69-4.30 of Title 10 of the New York Codes, Rules and Regulations for approved services rendered on and after April 1, 2011 shall be reduced by ten percent. S 5. Paragraph (a) of subdivision 3 of section 2559 of the public health law, as amended by chapter 231 of the laws of 1993, is amended to read as follows: (a) [Providers] EXCEPT AS PROVIDED IN SUBPARAGRAPH (I) OF THIS PARA- GRAPH, PROVIDERS of early intervention services and transportation services shall in the first instance and where applicable, seek payment from all third party payors including governmental agencies prior to claiming payment from a given municipality for services rendered to eligible children, provided that, for the purpose of seeking payment from the medical assistance program or from other third party payors,
the municipality shall be deemed the provider of such early intervention services to the extent that the provider has promptly furnished to the municipality adequate and complete information necessary to support the municipality billing, and provided further that the obligation to seek payment shall not apply to a payment from a third party payor who is not prohibited from applying such payment, and will apply such payment, to an annual or lifetime limit specified in the insured's policy. (I) EARLY INTERVENTION PROGRAM PROVIDERS WHO RECEIVED PAYMENT OF FIVE HUNDRED THOUSAND DOLLARS OR MORE AS DETERMINED PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH FOR EARLY INTERVENTION SERVICES PROVIDED TO ELIGIBLE CHILDREN THAT WERE COVERED SERVICES UNDER THE MEDICAL ASSIST- ANCE PROGRAM, SHALL IN THE FIRST INSTANCE AND WHERE AVAILABLE, SEEK PAYMENT FROM THE MEDICAL ASSISTANCE PROGRAM OR AN INSURANCE POLICY OR HEALTH BENEFIT PLAN FOR THOSE CHILDREN COVERED UNDER BOTH THE MEDICAL ASSISTANCE PROGRAM AND AN INSURANCE POLICY OR HEALTH BENEFIT PLAN, PRIOR TO CLAIMING PAYMENT FROM A MUNICIPALITY FOR SERVICES RENDERED TO SUCH CHILDREN; (II) THE COMMISSIONER SHALL DETERMINE WHICH PROVIDERS RECEIVED PAYMENT OF FIVE HUNDRED THOUSAND DOLLARS OR MORE FOR EARLY INTERVENTION SERVICES THAT WERE COVERED UNDER THE MEDICAL ASSISTANCE PROGRAM BASED UPON THE MOST RECENT YEAR FOR WHICH COMPLETE INFORMATION EXISTS. THE COMMISSIONER SHALL NOTIFY A PROVIDER AT LEAST THIRTY DAYS PRIOR TO THE DATE THE PROVIDER SHALL BE REQUIRED TO BILL FOR SERVICES IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH. (III) PARENTS SHALL PROVIDE AND THE MUNICIPALITY SHALL OBTAIN INFORMA- TION ON ANY PLAN OF INSURANCE UNDER WHICH AN ELIGIBLE CHILD HAS COVER- AGE. S 6. Intentionally omitted. S 7. Intentionally omitted. S 8. Intentionally omitted. S 9. Intentionally omitted. S 10. Intentionally omitted. S 11. Section 3235-a of the insurance law, as added by section 3 of part C of chapter 1 of the laws of 2002, is amended to read as follows: S 3235-a. Payment for early intervention services. (a) No policy of accident and health insurance, including contracts issued pursuant to article forty-three of this chapter, shall exclude coverage for other- wise covered services solely on the basis that the services constitute early intervention program services under title two-A of article twen- ty-five of the public health law. (b) Where a policy of accident and health insurance, including a contract issued pursuant to article forty-three of this chapter, provides coverage for [an] A SERVICE THAT IS PROVIDED TO AN INSURED UNDER THE early intervention program service, such coverage shall not be applied against any maximum annual or lifetime monetary limits set forth in such policy or contract. Visit limitations and other terms and condi- tions of the policy will continue to apply to COVERED SERVICES PROVIDED UNDER THE early intervention [services] PROGRAM. However, any visits used for early intervention program services shall not reduce the number of visits otherwise available under the policy or contract for such services. WHERE A SERVICE PROVIDED TO AN INSURED UNDER THE EARLY INTER- VENTION PROGRAM IS A COVERED SERVICE UNDER THE INSURER'S POLICY OR CONTRACT, THE INDIVIDUALIZED FAMILY SERVICES PLAN AS DEFINED IN SECTION TWENTY-FIVE HUNDRED FORTY-ONE OF THE PUBLIC HEALTH LAW AND CERTIFIED BY THE EARLY INTERVENTION OFFICIAL OR SUCH OFFICIAL'S DESIGNEE, SHALL BE DEEMED TO MEET ANY PRECERTIFICATION, PREAUTHORIZATION AND MEDICAL NECES-
SITY REQUIREMENTS IMPOSED ON BENEFITS UNDER THE POLICY OR CONTRACT, PROVIDED, HOWEVER, THAT THE EARLY INTERVENTION OFFICIAL SHALL REMOVE OR REDACT ANY INFORMATION CONTAINED ON THE INSURED'S INDIVIDUALIZED FAMILY SERVICE PLAN THAT IS NOT REQUIRED BY THE INSURER FOR PAYMENT PURPOSES. PAYMENT FOR A SERVICE COVERED UNDER THE POLICY OR CONTRACT THAT IS PROVIDED UNDER THE EARLY INTERVENTION PROGRAM SHALL BE AT RATES ESTAB- LISHED BY THE COMMISSIONER OF HEALTH FOR SUCH SERVICE PURSUANT TO REGU- LATIONS. (c) NO INSURER, INCLUDING A HEALTH MAINTENANCE ORGANIZATION ISSUED A CERTIFICATE OF AUTHORITY UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW AND A CORPORATION ORGANIZED UNDER ARTICLE FORTY-THREE OF THIS CHAP- TER SHALL DENY PAYMENT OF A CLAIM SUBMITTED FOR A SERVICE COVERED UNDER THE INSURER'S POLICY OR CONTRACT AND PROVIDED UNDER THE EARLY INTER- VENTION PROGRAM BASED UPON THE FOLLOWING: (I) THE LOCATION WHERE SERVICES ARE PROVIDED; (II) THE DURATION OF THE INSURED'S CONDITION OR THAT THE INSURED'S CONDITION IS NOT AMENABLE TO SIGNIFICANT IMPROVEMENT WITHIN A CERTAIN PERIOD OF TIME AS SPECIFIED IN THE POLICY OR CONTRACT; (III) THAT THE PROVIDER OF SERVICES IS NOT A PARTICIPATING PROVIDER IN THE INSURER'S NETWORK; OR (IV) THE ABSENCE OF A PRIMARY CARE REFERRAL. (D) Any right of subrogation to benefits which a municipality is enti- tled in accordance with paragraph (d) of subdivision three of section twenty-five hundred fifty-nine of the public health law shall be valid and enforceable to the extent benefits are available under any accident and health insurance policy. The right of subrogation does not attach to insurance benefits paid or provided under any accident and health insur- ance policy prior to receipt by the insurer of written notice from the municipality. UPON THE INSURER'S RECEIPT OF WRITTEN NOTICE FROM THE MUNICIPALITY THE INSURER SHALL PROVIDE THE MUNICIPALITY WITH INFORMATION ON THE EXTENT OF BENEFITS AVAILABLE TO AN INSURED UNDER THE POLICY. [(d)] (E) No insurer, including a health maintenance organization issued a certificate of authority under article forty-four of the public health law and a corporation organized under article forty-three of this chapter, shall refuse to issue an accident and health insurance policy or contract or refuse to renew an accident and health insurance policy or contract solely because the applicant or insured is receiving services under the early intervention program. S 12. Subdivisions 4 and 5 of section 2545 of the public health law are REPEALED and subdivisions 6, 7, 8 and 9 are renumbered subdivisions 4, 5, 6 and 7. S 13. Paragraph (b) of subdivision 2 of section 605 of the public health law is REPEALED. S 14. The public health law is amended by adding a new section 212 to read as follows: S 212. LOCAL COMPETITIVE PERFORMANCE GRANT PROGRAM FOR PRIORITY HEALTH INITIATIVES. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE LOCAL COMPETITIVE PERFORMANCE GRANT PROGRAM FOR PRIORITY HEALTH INITI- ATIVES TO ADDRESS EMERGING OR ONGOING PUBLIC HEALTH MATTERS AND PURSUE INNOVATIONS IN PUBLIC HEALTH. 2. WITHIN AMOUNTS APPROPRIATED THEREFOR, THE COMMISSIONER IS AUTHOR- IZED TO MAKE GRANTS TO AND ENTER INTO CONTRACTS WITH PUBLIC, NON-PROFIT OR PRIVATE ENTITIES FOR PURPOSES WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, MINORITY HEALTH-RELATED INITIATIVES, REPRODUCTIVE HEALTH SERVICES, DISEASE-SPECIFIC PURPOSES, AND OTHER HEALTH-RELATED RESEARCH, OUTREACH AND EDUCATION PURPOSES. SUCH GRANTS SHALL BE AWARDED UNDER THIS SECTION
ON A COMPETITIVE BASIS PURSUANT TO A REQUEST FOR APPLICATION/PROPOSAL PROCESS, IN THE NUMBER, AMOUNTS AND MANNER DETERMINED BY THE COMMISSION- ER, PURSUANT TO CRITERIA DETERMINED BY THE COMMISSIONER. 3. THE COMMISSIONER MAY PROMULGATE REGULATIONS, INCLUDING ON AN EMER- GENCY BASIS, AS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. S 15. The elder law is amended by adding a new section 224 to read as follows: S 224. LOCAL COMPETITIVE PERFORMANCE GRANT PROGRAM FOR PRIORITY INITI- ATIVES IN AGING. 1. THERE IS HEREBY ESTABLISHED WITHIN THE OFFICE THE LOCAL COMPETITIVE PERFORMANCE GRANT PROGRAM FOR PRIORITY INITIATIVES IN AGING TO ADDRESS EMERGING OR ONGOING MATTERS THAT AFFECT OLDER ADULTS AND PURSUING INNOVATIONS IN ASSISTING OLDER ADULTS. 2. WITHIN AMOUNTS APPROPRIATED THEREFOR, THE DIRECTOR IS AUTHORIZED TO MAKE GRANTS TO AND ENTER INTO CONTRACTS WITH PUBLIC, NON-PROFIT OR PRIVATE ENTITIES. SUCH GRANTS SHALL BE AWARDED UNDER THIS SECTION ON A COMPETITIVE BASIS PURSUANT TO A REQUEST FOR APPLICATION/PROPOSAL PROC- ESS, IN THE NUMBER, AMOUNTS AND MANNER DETERMINED BY THE DIRECTOR, PURSUANT TO CRITERIA DETERMINED BY THE DIRECTOR. 3. THE DIRECTOR MAY PROMULGATE REGULATIONS, INCLUDING ON AN EMERGENCY BASIS, AS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. S 16. Paragraph (fff) of subdivision 1 of section 2807-v of the public health law, as amended by section 5 of part B of chapter 58 of the laws of 2008, is amended to read as follows: (fff) Funds shall be made available to the empire state stem cell fund established by section ninety-nine-p of the state finance law [from the public asset as defined in section four thousand three hundred one of the insurance law and accumulated from the conversion of one or more article forty-three corporations and its or their not-for-profit subsid- iaries occurring on or after January first, two thousand seven. Such funds shall be made available] within amounts appropriated up to fifty million dollars annually and shall not exceed five hundred million dollars in total. S 17. Intentionally Omitted. S 18. Subdivision 3 of section 571 of the public health law, as amended by chapter 436 of the laws of 1993, is amended to read as follows: 3. "Reference system" means a system of [periodic testing] ASSESSMENT of methods, procedures and materials of clinical laboratories and blood banks, including, but not limited to, ONGOING VALIDATION WHICH MAY INCLUDE DIRECT TESTING AND EXPERIMENTATION BY THE DEPARTMENT OF SUCH METHODS, PROCEDURES AND MATERIALS, the distribution of [manuals of approved methods] STANDARDS AND GUIDELINES, inspection of facilities, [cooperative research, and] periodic submission of test specimens for examination, AND RESEARCH CONDUCTED BY THE DEPARTMENT THAT INVOLVES THE STUDY OF NEW OR EXISTING METHODS, PROCEDURES AND MATERIALS IN THE FIELD OF CLINICAL LABORATORY MEDICINE, AND SUCH OTHER ACTIVITIES AS MAY BE SET FORTH IN REGULATION. S 19. Subdivisions 1, 2 and 6 of section 575 of the public health law, as amended by chapter 436 of the laws of 1993, are amended to read as follows: 1. Application for a permit shall be made by the owner and the direc- tor of the clinical laboratory or blood bank [upon forms provided by the department] IN A MANNER AND FORMAT PRESCRIBED BY THE DEPARTMENT. The application shall contain the name of the owner, the name of the direc- tor, the procedures or categories of procedures or services for which the permit is sought, the location or locations and physical description
of the facility or location or locations at which tests are to be performed or at which a blood bank is to be operated, and such other information as the department may require. 2. A permit OR PERMIT CATEGORY shall not be issued unless a valid certificate of qualification in the category of procedures for which the permit is sought has been issued to the director pursuant to the provisions of section five hundred seventy-three of this title, [and] unless ALL FEES AND OUTSTANDING PENALTIES, IF ANY, HAVE BEEN PAID, AND the department finds that the clinical laboratory or blood bank is competently staffed and properly equipped, and will be operated in the manner required by this title. 6. A permit shall become void by a change in the director, owner, or location. A CATEGORY ON A PERMIT SHALL BECOME VOID BY A CHANGE IN THE DIRECTOR FOR THAT CATEGORY. The department may, pursuant to regulations adopted under this title, extend the date on which a permit OR CATEGORY ON A PERMIT shall become void for a period not to exceed sixty days from the date of a change of the director, owner or location. An application for a NEW permit [may] MUST be made [at any time,] in the manner provided by this section. S 20. Subdivision 3 and paragraphs (a), (b), (c) and (e) of subdivi- sion 4 of section 576 of the public health law, as amended by chapter 436 of the laws of 1993, are amended to read as follows: 3. The department shall operate a reference system and shall prescribe standards for the PROPER OPERATION OF CLINICAL LABORATORIES AND BLOOD BANKS AND FOR THE examination of specimens. As part of such reference system, the department may REVIEW AND APPROVE TESTING METHODS DEVELOPED OR MODIFIED BY CLINICAL LABORATORIES AND BLOOD BANKS PRIOR TO THE TEST- ING METHODS BEING OFFERED IN THIS STATE, AND MAY require clinical labo- ratories and blood banks to analyze test samples submitted by the department and to report on the results of such analyses. The rules and regulations of the department shall prescribe the REQUIREMENTS FOR THE PROPER OPERATION OF A CLINICAL LABORATORY OR BLOOD BANK, FOR THE APPROVAL OF METHODS AND THE manner in which proficiency testing or analyses of samples shall be performed and reports submitted. Failure to meet department standards FOR THE PROPER OPERATION OF A CLINICAL LABORA- TORY OR BLOOD BANK, INCLUDING THE CRITERIA FOR APPROVAL OF METHODS, OR FAILURE TO MAINTAIN SATISFACTORY PERFORMANCE in proficiency testing shall result in termination of the permit in the category or categories of testing established by the department in regulation until remediation is achieved. Such standards shall be at least as stringent as federal standards promulgated under the federal clinical laboratory improvement [act] AMENDMENTS of nineteen hundred eighty-eight. Such failure and termination shall be subject to review in accordance with regulations adopted by the department. (a) The department may adopt and amend rules and regulations to effec- tuate the provisions and purposes of this title. Such rules and regu- lations shall establish [inspection and reference] fees for clinical laboratories and blood banks in amounts not exceeding the cost of the [inspection and] reference [program] SYSTEM for clinical laboratories and blood banks and shall be subject to the approval of the director of the budget. THE COMMISSIONER SHALL DETERMINE THE PROPER COST ALLOCATION METHOD TO UTILIZE TO DETERMINE THE COST OF THE REFERENCE SYSTEM. THE FEE PAID BY THE DEPARTMENT TO MAINTAIN AN EXEMPTION FOR CLINICAL LABORATO- RIES AND BLOOD BANKS FROM THE REQUIREMENTS OF THE FEDERAL CLINICAL LABO- RATORY IMPROVEMENT AMENDMENTS OF NINETEEN HUNDRED EIGHTY-EIGHT SHALL BE DEEMED A COST OF THE REFERENCE SYSTEM.
(b) In determining the fee charges to be assessed, the department shall, on or before May first of each year, compute the [total actual] costs for the preceding state fiscal year which were expended to operate and administer the duties of the department pursuant to this title. The department shall, at such time or times and pursuant to such procedure as it shall determine by regulation, bill and collect from each clinical laboratory and blood bank an amount computed by multiplying such total computed operating expenses of the department by a fraction the numera- tor of which is the gross annual receipts of such clinical laboratory or blood bank during such twelve month period preceding the date of compu- tation as the department shall designate by regulation, and the denomi- nator of which is the total gross annual receipts of all clinical labo- ratories or blood banks operating in the state during such period. (c) Each such clinical laboratory and blood bank shall submit to the department, in such form and at such times as the department may require, a report containing information regarding its gross annual receipts [from the performance of tests or examination of specimens] FOR ALL ACTIVITIES PERFORMED pursuant to a permit issued by the department in accordance with the provisions of section five hundred seventy-five of this title. The department may require additional information and audit and review such information to verify its accuracy. (e) On or before September fifteenth of each year, the department shall [recompute the actual] RECONCILE ITS costs and expenses [of the department] FOR THE REFERENCE SYSTEM for the preceding state fiscal year and shall, on or before October fifteenth send to each clinical labora- tory and blood bank, a statement setting forth the amount due and paya- ble by, or the amount computed to the credit of, such clinical laborato- ry or blood bank, computed on the basis of the above stated formula, except that for the purposes of such computation the fraction shall be multiplied against the total recomputed [actual] expenses of the depart- ment for such fiscal year. Any amount due shall be payable not later than thirty days following the date of such statement. Any credit shall be applied against any succeeding payment due. S 21. Subdivision 1 of section 577 of the public health law is amended by adding a new paragraph (i) to read as follows: (I) HAS BEEN FOUND UPON INSPECTION BY THE DEPARTMENT TO BE IN NONCOM- PLIANCE WITH A PROVISION OR PROVISIONS OF THIS TITLE OR THE RULES AND REGULATIONS PROMULGATED HEREUNDER, AND HAS FAILED TO ADDRESS SUCH FIND- INGS AS REQUIRED BY THE DEPARTMENT. S 22. Intentionally Omitted. S 23. Intentionally Omitted. S 24. Intentionally Omitted. S 25. Intentionally Omitted. S 25-a. Section 2818 of the public health law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION, SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR ANY OTHER CONTRARY PROVISION OF LAW, SUBJECT TO AVAILABLE APPROPRI- ATIONS, FUNDS AVAILABLE FOR EXPENDITURE PURSUANT TO THIS SECTION MAY BE DISTRIBUTED BY THE COMMISSIONER WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS FOR GRANTS TO GENERAL HOSPITALS AND RESIDENTIAL HEALTH CARE FACILITIES FOR THE PURPOSE OF FACILITATING CLOSURES, MERGERS AND RESTRUCTURING OF SUCH FACILITIES IN ORDER TO STRENGTHEN AND PROTECT CONTINUED ACCESS TO ESSENTIAL HEALTH CARE RESOURCES. S 26. Section 32 of part A of chapter 58 of the laws of 2008, amending the elder law and other laws relating to reimbursement to particular
provider pharmacies and prescription drug coverage, as amended by section 20 of part OO of chapter 57 of the laws of 2008, is amended to read as follows: S 32. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2008; provided however, that sections one, six-a, nineteen, twenty, twenty-four, and twenty-five of this act shall take effect July 1, 2008; [provided howev- er that sections sixteen, seventeen and eighteen of this act shall expire April 1, 2011;] provided, however, that the amendments made by section twenty-eight of this act shall take effect on the same date as section 1 of chapter 281 of the laws of 2007 takes effect; provided further, that sections twenty-nine, thirty, and thirty-one of this act shall take effect October 1, 2008; provided further, that section twen- ty-seven of this act shall take effect January 1, 2009; and provided further, that section twenty-seven of this act shall expire and be deemed repealed March 31, 2011; and provided, further, however, that the amendments to subdivision 1 of section 241 of the education law made by section twenty-nine of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith and provided that the amendments to section 272 of the public health law made by section thirty of this act shall not affect the repeal of such section and shall be deemed repealed therewith. S 27. Section 4 of part X2 of chapter 62 of the laws of 2003, amending the public health law relating 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, as amended by chapter 21 of the laws of 2010, is amended to read as follows: S 4. This act shall take effect immediately; provided that the provisions of section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003, and shall expire March 31, [2011] 2013 when upon such date the provisions of such section shall be deemed repealed. S 28. Paragraph (b) of subdivision 1 of section 76 of chapter 731 of the laws of 1993, amending the public health law and other laws relating to reimbursement, delivery and capital cost of ambulatory health care services and inpatient hospital services, as amended by section 14 of part A of chapter 58 of the laws of 2007, is amended to read as follows: (b) sections fifteen through nineteen and subdivision 3 of section 2807-e of the public health law as added by section twenty of this act shall expire on [July 1, 2011] JULY 1, 2014, and section seventy-four of this act shall expire on July 1, 2007; S 29. Section 4 of chapter 505 of the laws of 1995, amending the public health law relating to the operation of department of health facilities, as amended by chapter 609 of the laws of 2007, is amended to read as follows: S 4. This act shall take effect immediately[; provided, however, that the provisions of paragraph (b) of subdivision 4 of section 409-c of the public health law, as added by section three of this act, shall take effect January 1, 1996 and shall expire and be deemed repealed sixteen years from the effective date thereof]. S 30. Section 3 of chapter 303 of the laws of 1999, amending the New York state medical care facilities finance agency act relating to financing health facilities, as amended by chapter 607 of the laws of 2007, is amended to read as follows: S 3. This act shall take effect immediately[, provided, however, that subdivision 15-a of section 5 of section 1 of chapter 392 of the laws of
1973, as added by section one of this act, shall expire and be deemed repealed June 30, 2011; and provided further, however, that the expira- tion and repeal of such subdivision 15-a shall not affect or impair in any manner any health facilities bonds issued, or any lease or purchase of a health facility executed, pursuant to such subdivision 15-a prior to its expiration and repeal and that, with respect to any such bonds issued and outstanding as of June 30, 2011, the provisions of such subdivision 15-a as they existed immediately prior to such expiration and repeal shall continue to apply through the latest maturity date of any such bonds, or their earlier retirement or redemption, for the sole purpose of authorizing the issuance of refunding bonds to refund bonds previously issued pursuant thereto]
. S 31. This act shall take effect April 1, 2011, provided, however that: (a) section one of this act shall take effect July 1, 2011; (b) sections two through three-n of this act shall take effect January 1, 2012; (c) section thirteen of this act shall take effect July 1, 2011; and (d) related to sections eighteen, nineteen, twenty and twenty-one of this act, the commissioner of health is authorized to promulgate, on an emergency basis, any regulations necessary to implement any provision of such sections upon their effective date. PART B Section 1. (a) Notwithstanding any inconsistent provision of law, rule or regulation to the contrary, and subject to the availability of federal financial participation, effective for the period April 1, 2011 through March 31, 2012, and each state fiscal year thereafter, the department of health is authorized to make supplemental Medicaid payments for professional services provided by physicians, nurse practi- tioners and physician assistants who are participating in a plan for the management of clinical practice at the State University of New York, in accordance with title 11 of article 5 of the social services law for patients eligible for federal financial participation under title XIX of the federal social security act, in amounts that will increase fees for such professional services to an amount equal to the average commercial rate that would otherwise be received for such services rendered by such physicians, nurse practitioners and physician assistants. The calcu- lation of such supplemental fee payments shall be made in accordance with applicable federal law and regulation and subject to the approval of the division of the budget. Such supplemental Medicaid fee payments may be added to the professional fees paid under the fee schedule or made as aggregate lump sum payments to eligible clinical practice plans authorized to receive professional fees. (b) The affiliated State University of New York health science centers shall be responsible for payment of one hundred percent of the non-fed- eral share of such supplemental Medicaid payments for all services provided by physicians, nurse practitioners and physician assistants who are participating in a plan for the management of clinical practice, in accordance with section 365-a of the social services law, regardless of whether another social services district or the department of health may otherwise be responsible for furnishing medical assistance to the eligi- ble persons receiving such services. S 2. Subdivision 21 of section 2807-c of the public health law is amended by adding a new paragraph (e-1) to read as follows:
(E-1) FOR PERIODS ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, FOR PURPOSES OF CALCULATIONS PURSUANT TO PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION OF MAXIMUM DISPROPORTIONATE SHARE PAYMENT DISTRIBUTIONS FOR A RATE YEAR OR PART THEREOF, COSTS INCURRED OF FURNISHING HOSPITAL SERVICES NET OF MEDICAL ASSISTANCE PAYMENTS, OTHER THAN DISPROPORTIONATE SHARE PAYMENTS, AND PAYMENTS BY UNINSURED PATIENTS SHALL FOR THE TWO THOUSAND ELEVEN CALENDAR YEAR, SHALL BE DETERMINED INITIALLY BASED ON EACH HOSPITAL'S SUBMISSION OF A FULLY COMPLETED TWO THOUSAND EIGHT DISPROPORTIONATE SHARE HOSPITAL DATA COLLECTION TOOL, WHICH IS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT BY MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN, AND SHALL BE SUBSEQUENTLY REVISED TO REFLECT EACH HOSPITAL'S SUBMISSION OF A FULLY COMPLETED TWO THOUSAND NINE DISPROPORTIONATE SHARE HOSPITAL DATA COLLECTION TOOL, WHICH IS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT BY OCTOBER FIRST, TWO THOUSAND ELEVEN. FOR CALENDAR YEARS ON AND AFTER TWO THOUSAND TWELVE, SUCH INITIAL DETERMINATIONS SHALL REFLECT SUBMISSION OF DATA AS REQUIRED BY THE COMMISSIONER ON A SPECIFIED DATE. ALL SUCH INITIAL DETERMINATIONS SHALL SUBSEQUENTLY BE REVISED TO REFLECT ANNUAL RATE PERIOD DATA AND STATIS- TICS. INDIGENT CARE PAYMENTS WILL BE WITHHELD IN INSTANCES WHEN A HOSPI- TAL HAS NOT SUBMITTED REQUIRED INFORMATION BY THE DUE DATES PRESCRIBED IN THIS PARAGRAPH, PROVIDED, HOWEVER, THAT SUCH PAYMENTS SHALL BE MADE UPON SUBMISSION OF SUCH REQUIRED DATA. FOR PURPOSES OF CALCULATIONS PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION OF ELIGIBILITY TO RECEIVE DISPROPORTIONATE SHARE PAYMENTS FOR A RATE YEAR OR PART THEREOF, THE HOSPITAL INPATIENT UTILIZATION RATE SHALL BE DETERMINED BASED ON THE BASE YEAR STATISTICS IN ACCORDANCE WITH THE METHODOLOGY ESTABLISHED BY THE COMMISSIONER, AND COSTS INCURRED OF FURNISHING HOSPITAL SERVICES SHALL BE DETERMINED IN ACCORDANCE WITH A METHODOLOGY ESTABLISHED BY THE COMMISSIONER CONSISTENT WITH REQUIREMENTS OF THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR PURPOSES OF FEDERAL FINAN- CIAL PARTICIPATION PURSUANT TO THE TITLE XIX OF THE FEDERAL SOCIAL SECU- RITY ACT IN DISPROPORTIONATE SHARE PAYMENTS. S 3. Subparagraph (i) of paragraph (b) of subdivision 2-b of section 2808 of the public health law, as amended by section 1 of part D of chapter 58 of the laws of 2010, is amended to read as follows: (i) Subject to the provisions of subparagraphs (ii) through (xiv) of this paragraph, for periods on and after April first, two thousand nine through June thirtieth, two thousand eleven the operating cost component of rates of payment shall reflect allowable operating costs as reported in each facility's cost report for the two thousand two calendar year, as adjusted for inflation on an annual basis in accordance with the methodology set forth in paragraph (c) of subdivision ten of section twenty-eight hundred seven-c of this article, provided, however, that for those facilities which do not receive a per diem add-on adjustment pursuant to subparagraph (ii) of paragraph (a) of this subdivision, rates shall be further adjusted to include the proportionate benefit, as determined by the commissioner, of the expiration of the opening para- graph and paragraph (a) of subdivision sixteen of this section and of paragraph (a) of subdivision fourteen of this section, and provided further that the operating cost component of rates of payment for those facilities which did not receive a per diem adjustment in accordance with subparagraph (ii) of paragraph (a) of this subdivision shall not be less than the operating component such facilities received in the two thousand eight rate period, as adjusted for inflation on an annual basis in accordance with the methodology set forth in paragraph (c) of subdi- vision ten of section twenty-eight hundred seven-c of this article and
further provided, however, that rates for facilities whose operating cost component reflects base year costs subsequent to January first, two thousand two shall have rates computed in accordance with this para- graph, utilizing allowable operating costs as reported in such subse- quent base year period, and trended forward to the rate year in accord- ance with applicable inflation factors, AND PROVIDED FURTHER, HOWEVER, THAT NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SUBDIVISION, RATE ADJUSTMENTS AS DESCRIBED IN THIS SUBPARAGRAPH AND AS EFFECTIVE FOR RATE PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND NINE THROUGH JUNE THIRTIETH, TWO THOUSAND ELEVEN, SHALL NOT BE IMPLEMENTED AND PAID PRIOR TO JULY FIRST, TWO THOUSAND ELEVEN. S 4. Section 2 of part D of chapter 58 of the laws of 2009, amending the public health law and other laws relating to Medicaid reimbursements to residential health care facilities, as amended by section 3 of Part D of chapter 58 of the laws of 2010, is amended to read as follows: S 2. Notwithstanding paragraph (b) of subdivision 2-b of section 2808 of the public health law or any other contrary provision of law, with regard to adjustments to medicaid rates of payment for inpatient services provided by residential health care facilities for the period April 1, 2009 through March 31, 2010, made pursuant to paragraph (b) of subdivision 2-b of section 2808 of the public health law, the commis- sioner of health and the director of the budget shall, upon a determi- nation that such adjustments, including the application of adjustments authorized by the provisions of paragraph (g) of subdivision 2-b of section 2808 of the public health law, shall result in an aggregate increase in total Medicaid rates of payment for such services for such period that is less than or more than two hundred ten million dollars ($210,000,000), make such proportional adjustments to such rates as are necessary to result in an increase of such aggregate expenditures of two hundred ten million dollars ($210,000,000), and provided further, howev- er, that notwithstanding section 2808 of the public health law or any other contrary provision of law, with regard to adjustments to inpatient rates of payment made pursuant to section 2808 of the public health law for inpatient services provided by residential health care facilities for the period April 1, 2010 through [June 30, 2011] MARCH 31, 2012, the commissioner of health and the director of the budget shall, upon a determination by such commissioner and such director that such rate adjustments shall, prior to the application of any applicable adjustment for inflation, result in an aggregate increase in total Medicaid rates of payment for such services, including payments made pursuant to subparagraph (i) of paragraph (d) of subdivision 2-c of section 2808 of the public health law, make such proportional adjustments to such rates as are necessary to reduce such total aggregate rate adjustments such that the aggregate total reflects no such increase or decrease, and provided further, however, the case mix adjustments as otherwise author- ized by subparagraph (ii) of paragraph (b) of subdivision 2-b of section 2808 of the public health law and as scheduled for January of 2011 shall not be made. Adjustments made pursuant to this section shall not be subject to subsequent correction or reconciliation. S 5. Notwithstanding any contrary provision of law and subject to the availability of federal financial participation, for periods on and after July 1, 2011, Medicaid rates of payments for inpatient services provided by residential health care facilities which, as of the effec- tive date of this section, operate discrete units for treatment of resi- dents with huntington's disease, shall be increased by a rate add-on amount. The aggregate amount of such rate add-ons for the period July 1,
2011 through December 31, 2011 shall be eight hundred fifty thousand dollars ($850,000), and shall be one million seven hundred thousand dollars ($1,700,000) for the 2012 calendar year and each year thereafter and such amounts shall be allocated to each eligible residential health care facility proportionally, based on the number of beds in each facil- ity's discrete unit for treatment of huntington's disease relative to the total number of such beds in all such units. Such rate add-ons shall be computed utilizing reported Medicaid days from certified cost reports as submitted to the department of health for the calendar year period two years prior to the applicable rate year and, further, such rate add-ons shall not be subject to subsequent adjustment or reconciliation. S 6. Notwithstanding section 448 of chapter 170 of the laws of 1994 and section 4 of chapter 81 of the laws of 1995, as amended, and any other inconsistent provision of law or regulation and subject to the availability of federal financial participation, for the period April 1, 2011 through June 30, 2011, medical assistance rates of payment to resi- dential health care facilities and diagnostic treatment centers licensed under article 28 of the public health law for adult day health care services provided to registrants with acquired immunodeficiency syndrome (AIDS) or other human immunodeficiency virus (HIV) related illnesses, shall be increased by an aggregate amount of one million eight hundred sixty-seven thousand dollars ($1,867,000). Such amount shall be allo- cated proportionally among such providers based on the medical assist- ance visits reported by each provider in the most recently available cost report, as submitted to the department of health by January 1, 2011, and shall be included as adjustments to each provider's daily rate of payment for such services. Such adjustments shall not be subject to subsequent adjustment or reconciliation. S 7. Notwithstanding any contrary provision of law or regulation and subject to availability of federal financial participation, for the period April 1, 2011 through June 30, 2011, rates of payment by govern- mental agencies to residential health care facilities and diagnostic and treatment centers licensed under article 28 of the public health law for adult day health care services provided to registrants with acquired immunodeficiency syndrome (AIDS) or other human immunodeficiency virus (HIV) related illnesses, shall reflect an adjustment to such rates of payments in an aggregate amount of two hundred thirty-six thousand dollars ($236,000) and distributed proportionally as rate add-ons, based on each eligible providers' Medicaid visits as reported in such provid- er's most recently available cost report as submitted to the department of health prior to January 1, 2011, and provided further, however, that such adjustments shall not be subject to subsequent adjustment or recon- ciliation. S 8. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 2807-d of the public health law, as amended by section 37 of part C of chapter 58 of the laws of 2007, is amended to read as follows: (vi) Notwithstanding any contrary provision of this paragraph or any other provision of law or regulation to the contrary, for residential health care facilities the assessment shall be six percent of each resi- dential health care facility's gross receipts received from all patient care services and other operating income on a cash basis for the period April first, two thousand two through March thirty-first, two thousand three for hospital or health-related services, including adult day services; provided, however, that residential health care facilities' gross receipts attributable to payments received pursuant to title XVIII of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received on or after April first, two thousand three through March thirty-first, two thousand five, such assessment shall be five percent, and further provided that for all such gross receipts received on or after April first, two thousand five through March thirty-first, two thousand nine, and on or after April first, two thousand nine through March thirty- first, two thousand eleven such assessment shall be six percent, AND FURTHER PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS RECEIVED ON OR AFTER APRIL FIRST, TWO THOUSAND ELEVEN SUCH ASSESSMENT SHALL BE SIX PERCENT. S 9. Notwithstanding any inconsistent provision of state law, rule or regulation to the contrary, subject to federal approval, the state shall not take any administrative or statutory action that would result in the year to year rate of growth of state share Medicaid spending, in the aggregate, to exceed the ten year rolling average of the medical compo- nent of the consumer price index as published by the United States department of labor, bureau of labor statistics for the preceding ten years. S 10. Notwithstanding any inconsistent provision of law, rule or regu- lation, for purposes of implementing the provisions of the public health law and the social services law, references to titles XIX and XXI of the federal social security act in the public health law and the social services law shall be deemed to include and also to mean any successor titles thereto under the federal social security act. S 11. Notwithstanding any inconsistent provision of law, rule or regu- lation, the effectiveness of the provisions of sections 2807 and 3614 of the public health law, section 18 of chapter 2 of the laws of 1988, and 18 NYCRR 505.14(h), as they relate to time frames for notice, approval or certification of rates of payment, are hereby suspended and without force or effect for purposes of implementing the provisions of this act. S 12. Severability clause. If any clause, sentence, paragraph, subdi- vision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 13. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011; provided, however, that: (a) any rules or regulations necessary to implement the provisions of this act may be promulgated and any procedures, forms, or instructions necessary for such implementation may be adopted and issued on or after the date this act shall have become a law; (b) this act shall not be construed to alter, change, affect, impair or defeat any rights, obligations, duties or interests accrued, incurred or conferred prior to the effective date of this act; (c) the commissioner of health and the superintendent of insurance and any appropriate council may take any steps necessary to implement this act prior to its effective date; (d) notwithstanding any inconsistent provision of the state adminis- trative procedure act or any other provision of law, rule or regulation, the commissioner of health and the superintendent of insurance and any appropriate council is authorized to adopt or amend or promulgate on an emergency basis any regulation he or she or such council determines
necessary to implement any provision of this act on its effective date; and (e) the provisions of this act shall become effective notwithstanding the failure of the commissioner of health or the superintendent of insurance or any council to adopt or amend or promulgate regulations implementing this act. PART C Section 1. Subdivision 5 of section 168 of chapter 639 of the laws of 1996, constituting the New York Health Care Reform Act of 1996, as amended by section 1 of part B of chapter 58 of the laws of 2008, is amended to read as follows: 5. sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, as amended or as added by this act, shall expire on December 31, [2011] 2014, and shall be thereafter effective only in respect to any act done on or before such date or action or proceeding arising out of such act including continued collections of funds from assessments and allowances and surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, and administration and distributions of funds from pools established pursuant to sections 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public health law related to patient services provided before December 31, [2011] 2014, and continued expenditure of funds authorized for programs and grants until the exhaustion of funds therefor; S 2. Subdivision 1 of section 138 of chapter 1 of the laws of 1999, constituting the New York Health Care Reform Act of 2000, as amended by section 1-a of part B of chapter 58 of the laws of 2008, is amended to read as follows: 1. sections 2807-c, 2807-j, 2807-s, and 2807-t of the public health law, as amended by this act, shall expire on December 31, [2011] 2014, and shall be thereafter effective only in respect to any act done before such date or action or proceeding arising out of such act including continued collections of funds from assessments and allowances and surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, and administration and distributions of funds from pools established pursuant to sections 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public health law, as amended or added by this act, related to patient services provided before December 31, [2011] 2014, and continued expenditure of funds authorized for programs and grants until the exhaustion of funds therefor; S 3. Paragraph (a) of subdivision 9 of section 2807-j of the public health law, as amended by section 2 of part B of chapter 58 of the laws of 2008, is amended to read as follows: (a) funds shall be deposited and credited to a special revenue-other fund to be established by the comptroller or to the health care reform act (HCRA) resources fund established pursuant to section ninety-two-dd of the state finance law, whichever is applicable. To the extent of funds appropriated therefore, the commissioner shall make payments to general hospitals related to bad debt and charity care pursuant to section twenty-eight hundred seven-k of this article. Funds shall be deposited in the following amounts: (i) fifty-seven and thirty-three-hundredths percent of the funds accu- mulated for the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-seven,
(ii) fifty-seven and one-hundredths percent of the funds accumulated for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety-eight, (iii) fifty-five and thirty-two-hundredths percent of the funds accu- mulated for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, and (iv) seven hundred sixty-five million dollars annually of the funds accumulated for the periods January first, two thousand through December thirty-first, two thousand [ten] THIRTEEN, and (v) one hundred ninety-one million two hundred fifty thousand dollars of the funds accumulated for the period January first, two thousand [eleven] FOURTEEN through March thirty-first, two thousand [eleven] FOURTEEN. S 4. Section 34 of part A3 of 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, as amended by section 3 of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 34. (1) Notwithstanding any inconsistent provision of law, rule or regulation and effective April 1, 2008 through March 31, [2011] 2014, the commissioner of health is authorized to transfer and the state comp- troller is authorized and directed to receive for deposit to the credit of the department of health's special revenue fund - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, within amounts appropriated each year, those funds collected and accumulated pursuant to section 2807-v of the public health law, including income from invested funds, for the purpose of payment for administrative costs of the department of health related to adminis- tration of statutory duties for the collections and distributions authorized by section 2807-v of the public health law. (2) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2011] 2014, the commissioner of health is authorized to transfer and the state comp- troller is authorized and directed to receive for deposit to the credit of the department of health's special revenue fund - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, within amounts appropriated each year, those funds collected and accumulated and interest earned through surcharges on payments for health care services pursuant to section 2807-s of the public health law and from assessments pursuant to section 2807-t of the public health law for the purpose of payment for administrative costs of the department of health related to administration of statutory duties for the collections and distributions authorized by sections 2807-s, 2807-t, and 2807-m of the public health law. (3) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2011] 2014, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of paragraph (a) of subdivision 1 of section 2807-l of the public health law for the purposes of payment for administrative costs of the depart- ment of health related to the child health insurance plan program authorized pursuant to title 1-A of article 25 of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, child health insurance account, established within the department of health.
(4) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2011] 2014, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of paragraph (e) of subdivision 1 of section 2807-l of the public health law for the purpose of payment for administrative costs of the depart- ment of health related to the health occupation development and work- place demonstration program established pursuant to section 2807-h and the health workforce retraining program established pursuant to section 2807-g of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, health occupation development and workplace demonstration program account, established within the department of health. (5) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2011] 2014, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds allocated pursuant to paragraph (j) of subdivision 1 of section 2807-v of the public health law for the purpose of payment for adminis- trative costs of the department of health related to administration of the state's tobacco control programs and cancer services provided pursu- ant to sections 2807-r and 1399-ii of the public health law into such accounts established within the department of health for such purposes. (6) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2011] 2014, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, the funds authorized for distribution in accordance with the provisions of section 2807-l of the public health law for the purposes of payment for adminis- trative costs of the department of health related to the programs funded pursuant to section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, pilot health insurance account, established within the department of health. (7) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2011] 2014, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of subparagraph (ii) of paragraph (f) of subdivision 19 of section 2807-c of the public health law from monies accumulated and interest earned in the bad debt and charity care and capital statewide pools through an assessment charged to general hospitals pursuant to the provisions of subdivision 18 of section 2807-c of the public health law and those funds authorized for distribution in accordance with the provisions of section 2807-l of the public health law for the purposes of payment for administrative costs of the department of health related to programs funded under section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, primary care initiatives account, established within the department of health. (8) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2011] 2014, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those
funds authorized for distribution in accordance with section 2807-l of the public health law for the purposes of payment for administrative costs of the department of health related to programs funded under section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, health care delivery administration account, established within the department of health. (9) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2011] 2014, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the public health law and section 367-i of the social services law and for distribution in accordance with the provisions of subdivision 9 of section 2807-j of the public health law for the purpose of payment for administration of statutory duties for the collections and distributions authorized by sections 2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a and 3614-b of the public health law and section 367-i of the social services law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, established within the department of health. S 5. Subparagraphs (xiv) and (xv) of paragraph (a) of subdivision 6 of section 2807-s of the public health law, as amended by section 4 of part I of chapter 2 of the laws of 2009, are amended to read as follows: (xiv) A gross annual statewide amount for the period January first, two thousand nine through December thirty-first, two thousand [ten] THIRTEEN, shall be nine hundred [thirty-nine] FORTY-FOUR million dollars. (xv) A gross statewide amount for the period January first, two thou- sand [eleven] FOURTEEN through March thirty-first, two thousand [eleven] FOURTEEN, shall be two hundred [thirty-four] THIRTY-SIX million [seven hundred fifty thousand] dollars. S 5-a. Subparagraphs (iv) and (v) of paragraph (c) of subdivision 6 of section 2807-s of the public health law, as amended by section 12 of part B of chapter 58 of the laws of 2008, are amended to read as follows: (iv) A further gross annual statewide amount for two thousand, two thousand one, two thousand two, two thousand three, two thousand four, two thousand five, two thousand six, two thousand seven, two thousand eight, two thousand nine [and], two thousand ten, TWO THOUSAND ELEVEN, TWO THOUSAND TWELVE AND TWO THOUSAND THIRTEEN shall be eighty-nine million dollars. (v) A further gross statewide amount for the period January first, two thousand [eleven] FOURTEEN through March thirty-first, two thousand [eleven] FOURTEEN, shall be twenty-two million two hundred fifty thou- sand dollars. S 5-b. Subparagraphs (i) and (ii) of paragraph (e) of subdivision 6 of section 2807-s of the public health law, as amended by section 13 of part B of chapter 58 of the laws of 2008, are amended to read as follows: (i) A further gross annual statewide amount shall be twelve million dollars for each period prior to January first, two thousand [eleven] FOURTEEN. (ii) A further gross statewide amount for the period January first, two thousand [eleven] FOURTEEN through March thirty-first, two thousand [eleven] FOURTEEN shall be three million dollars.
S 6. Subparagraphs (x), (xi), (xii), (xiii) and (xiv) of paragraph (a) of subdivision 7 of section 2807-s of the public health law, as amended by section 100 of part C of chapter 58 of the laws of 2009, are amended to read as follows: (x) forty-seven million two hundred ten thousand dollars on an annual basis for the periods January first, two thousand nine through December thirty-first, two thousand ten; [and] (xi) eleven million eight hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; (xii) TWENTY-THREE MILLION EIGHT HUNDRED THIRTY-SIX THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN; (XIII) provided, however, for periods prior to January first, two thousand nine, amounts set forth in this paragraph may be reduced by the commissioner in an amount to be approved by the director of the budget to reflect the amount received from the federal government under the state's 1115 waiver which is directed under its terms and conditions to the graduate medical education program established pursuant to section twenty-eight hundred seven-m of this article; [(xiii)] (XIV) provided further, however, for periods prior to July first, two thousand nine, amounts set forth in this paragraph shall be reduced by an amount equal to the total actual distribution reductions for all facilities pursuant to paragraph (e) of subdivision three of section twenty-eight hundred seven-m of this article; and [(xiv)] (XV) provided further, however, for periods prior to July first, two thousand nine, amounts set forth in this paragraph shall be reduced by an amount equal to the actual distribution reductions for all facilities pursuant to paragraph (s) of subdivision one of section twen- ty-eight hundred seven-m of this article. S 7. Section 2807-l of the public health law, as amended by section 4 of part B of chapter 58 of the laws of 2008, clause (A) of subparagraph (i) of paragraph (b) of subdivision 1 as amended by section 51 of part B and paragraph (n) of subdivision 1 as amended by section 9 of part C of chapter 58 of the laws of 2009, subparagraph (iv) of paragraph (c) of subdivision 1 as amended by section 13 of part B of chapter 109 of the laws of 2010, is amended to read as follows: S 2807-l. Health care initiatives pool distributions. 1. Funds accumu- lated in the health care initiatives pools pursuant to paragraph (b) of subdivision nine of section twenty-eight hundred seven-j of this arti- cle, or the health care reform act (HCRA) resources fund established pursuant to section ninety-two-dd of the state finance law, whichever is applicable, including income from invested funds, shall be distributed or retained by the commissioner or by the state comptroller, as applica- ble, in accordance with the following. (a) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions to programs to provide health care coverage for unin- sured or underinsured children pursuant to sections twenty-five hundred ten and twenty-five hundred eleven of this chapter from the respective health care initiatives pools established for the following periods in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, up to one hundred twenty million six hundred thousand dollars;
(ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, up to one hundred sixty-four million five hundred thousand dollars; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, up to one hundred eighty-one million dollars; (iv) from the pool for the period January first, two thousand through December thirty-first, two thousand, two hundred seven million dollars; (v) from the pool for the period January first, two thousand one through December thirty-first, two thousand one, two hundred thirty-five million dollars; (vi) from the pool for the period January first, two thousand two through December thirty-first, two thousand two, three hundred twenty- four million dollars; (vii) from the pool for the period January first, two thousand three through December thirty-first, two thousand three, up to four hundred fifty million three hundred thousand dollars; (viii) from the pool for the period January first, two thousand four through December thirty-first, two thousand four, up to four hundred sixty million nine hundred thousand dollars; (ix) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand five through December thirty-first, two thousand five, up to one hundred fifty-three million eight hundred thousand dollars; (x) from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, up to three hundred twenty-five million four hundred thousand dollars; (xi) from the health care reform act (HCRA) resources fund for the period January first, two thousand seven through December thirty-first, two thousand seven, up to four hundred twenty-eight million fifty-nine thousand dollars; (xii) from the health care reform act (HCRA) resources fund for the period January first, two thousand eight through December thirty-first, two thousand ten, up to four hundred fifty-three million six hundred seventy-four thousand dollars annually; [and] (xiii) from the health care reform act (HCRA) resources fund for the period January first, two thousand eleven, through March thirty-first, two thousand eleven, up to one hundred thirteen million four hundred eighteen thousand dollars[.]; (XIV) FROM THE HEALTH CARE REFORM ACT (HCRA) RESOURCES FUND FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN, THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE, UP TO THREE HUNDRED TWENTY-FOUR MILLION SEVEN HUNDRED FORTY-FOUR THOUSAND DOLLARS; (XV) FROM THE HEALTH CARE REFORM ACT (HCRA) RESOURCES FUND FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE, THROUGH MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, UP TO THREE HUNDRED FORTY-SIX MILLION FOUR HUNDRED FORTY-FOUR THOUSAND DOLLARS; AND (XVI) FROM THE HEALTH CARE REFORM ACT (HCRA) RESOURCES FUND FOR THE PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN, THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, UP TO THREE HUNDRED SEVENTY MILLION SIX HUNDRED NINETY-FIVE THOUSAND DOLLARS. (b) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions for health insurance programs under the individual
subsidy programs established pursuant to the expanded health care cover- age act of nineteen hundred eighty-eight as amended, and for evaluation of such programs from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applica- ble, established for the following periods in the following amounts: (i) (A) an amount not to exceed six million dollars on an annualized basis for the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine; up to six million dollars for the period January first, two thousand through December thirty-first, two thousand; up to five million dollars for the period January first, two thousand one through December thirty-first, two thousand one; up to four million dollars for the period January first, two thousand two through December thirty-first, two thousand two; up to two million six hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; up to one million three hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; up to six hundred seventy thousand dollars for the period January first, two thousand five through June thirtieth, two thousand five; up to one million three hundred thousand dollars for the period April first, two thousand six through March thirty-first, two thousand seven; and up to one million three hundred thousand dollars annually for the period April first, two thousand seven through March thirty-first, two thousand nine, shall be allocated to individual subsidy programs; and (B) an amount not to exceed seven million dollars on an annualized basis for the periods during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine and four million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, and three million dollars for the period January first, two thousand three through December thirty-first, two thousand three, and two million dollars for the period January first, two thousand four through December thirty- first, two thousand four, and two million dollars for the period January first, two thousand five through June thirtieth, two thousand five shall be allocated to the catastrophic health care expense program. (ii) Notwithstanding any law to the contrary, the characterizations of the New York state small business health insurance partnership program as in effect prior to June thirtieth, two thousand three, voucher program as in effect prior to December thirty-first, two thousand one, individual subsidy program as in effect prior to June thirtieth, two thousand five, and catastrophic health care expense program, as in effect prior to June thirtieth, two thousand five, may, for the purposes of identifying matching funds for the community health care conversion demonstration project described in a waiver of the provisions of title XIX of the federal social security act granted to the state of New York and dated July fifteenth, nineteen hundred ninety-seven, may continue to be used to characterize the insurance programs in sections four thousand three hundred twenty-one-a, four thousand three hundred twenty-two-a, four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law, which are successor programs to these programs. (c) Up to seventy-eight million dollars shall be reserved and accumu- lated from year to year from the pool for the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-seven, for purposes of public health programs, up to
seventy-six million dollars shall be reserved and accumulated from year to year from the pools for the periods January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight and January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, up to eighty-four million dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand through December thir- ty-first, two thousand, up to eighty-five million dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand one through December thirty-first, two thou- sand one, up to eighty-six million dollars shall be reserved and accumu- lated from year to year from the pools for the period January first, two thousand two through December thirty-first, two thousand two, up to eighty-six million one hundred fifty thousand dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand three through December thirty-first, two thousand three, up to fifty-eight million seven hundred eighty thousand dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand four through December thirty- first, two thousand four, up to sixty-eight million seven hundred thirty thousand dollars shall be reserved and accumulated from year to year from the pools or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thousand five through December thirty-first, two thousand five, up to ninety-four million three hundred fifty thousand dollars shall be reserved and accu- mulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, up to seventy million nine hundred thirty-nine thousand dollars shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand seven through December thir- ty-first, two thousand seven, up to fifty-five million six hundred eighty-nine thousand dollars annually shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand eight through December thir- ty-first, two thousand ten, [and] up to thirteen million nine hundred twenty-two thousand dollars shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand eleven through March thirty-first, two thousand eleven, AND FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOU- SAND ELEVEN, UP TO FUNDING AMOUNTS SPECIFIED BELOW and shall be avail- able, including income from invested funds, for: (i) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the department of health's special revenue fund - other, hospital based grants program account or the health care reform act (HCRA) resources fund, whichever is applicable, for purposes of services and expenses related to general hospital based grant programs, up to twenty-two million dollars annually from the nineteen hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen hundred ninety-nine pool, two thousand pool, two thousand one pool and two thousand two pool, respectively, up to twenty-two million dollars from the two thousand three pool, up to ten million dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to eleven million dollars for the period January first, two thousand five through December thirty-first, two thousand
five, up to twenty-two million dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to twenty-two million ninety-seven thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, [and] up to five million five hundred twenty-four thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, UP TO THIRTEEN MILLION FOUR HUNDRED FORTY-FIVE THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE, AND UP TO THIR- TEEN MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN; (ii) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the emergency medical services training account established in section ninety-seven-q of the state finance law or the health care reform act (HCRA) resources fund, whichever is appli- cable, up to sixteen million dollars on an annualized basis for the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine, up to twenty million dollars for the period January first, two thousand through December thirty- first, two thousand, up to twenty-one million dollars for the period January first, two thousand one through December thirty-first, two thou- sand one, up to twenty-two million dollars for the period January first, two thousand two through December thirty-first, two thousand two, up to twenty-two million five hundred fifty thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to nine million six hundred eighty thousand dollars for the period January first, two thousand four through December thir- ty-first, two thousand four, up to twelve million one hundred thirty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to twenty-four million two hundred fifty thousand dollars for the period January first, two thou- sand six through December thirty-first, two thousand six, up to twenty million four hundred ninety-two thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, [and] up to five million one hundred twenty-three thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, UP TO EIGHTEEN MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE, UP TO EIGHTEEN MILLION NINE HUNDRED FIFTY THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, AND UP TO NINETEEN MILLION FOUR HUNDRED NINETEEN THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN; (iii) priority distributions by the commissioner up to thirty-two million dollars on an annualized basis for the period January first, two thousand through December thirty-first, two thousand four, up to thir- ty-eight million dollars on an annualized basis for the period January first, two thousand five through December thirty-first, two thousand six, up to eighteen million two hundred fifty thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to three million dollars annually for the period January first, two thousand eight through December thirty-first, two thousand ten, [and] up to seven hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first, two thousand eleven, AND UP TO TWO MILLION NINE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN to be allocated (A) for the purposes established pursuant to subparagraph (ii) of paragraph (f) of subdivision nineteen of section twenty-eight hundred seven-c of this article as in effect on December thirty-first, nineteen hundred ninety-six and as may thereafter be amended, up to fifteen million dollars annually for the periods January first, two thousand through December thirty-first, two thousand four, up to twenty-one million dollars annually for the period January first, two thousand five through December thirty-first, two thousand six, and up to seven million five hundred thousand dollars for the period January first, two thousand seven through March thirty-first, two thousand seven; (B) pursuant to a memorandum of understanding entered into by the commissioner, the majority leader of the senate and the speaker of the assembly, for the purposes outlined in such memorandum upon the recom- mendation of the majority leader of the senate, up to eight million five hundred thousand dollars annually for the period January first, two thousand through December thirty-first, two thousand six, and up to four million two hundred fifty thousand dollars for the period January first, two thousand seven through June thirtieth, two thousand seven, and for the purposes outlined in such memorandum upon the recommendation of the speaker of the assembly, up to eight million five hundred thousand dollars annually for the periods January first, two thousand through December thirty-first, two thousand six, and up to four million two hundred fifty thousand dollars for the period January first, two thou- sand seven through June thirtieth, two thousand seven; and (C) for services and expenses, including grants, related to emergency assistance distributions as designated by the commissioner. Notwith- standing section one hundred twelve or one hundred sixty-three of the state finance law or any other contrary provision of law, such distrib- utions shall be limited to providers or programs where, as determined by the commissioner, emergency assistance is vital to protect the life or safety of patients, to ensure the retention of facility caregivers or other staff, or in instances where health facility operations are jeop- ardized, or where the public health is jeopardized or other emergency situations exist, up to three million dollars annually for the period April first, two thousand seven through March thirty-first, two thousand eleven, AND UP TO TWO MILLION NINE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. Upon any distribution of such funds, the commissioner shall immediately notify the chair and ranking minority member of the senate finance committee, the assembly ways and means committee, the senate committee on health, and the assem- bly committee on health; (iv) distributions by the commissioner related to poison control centers pursuant to subdivision seven of section twenty-five hundred-d of this chapter, up to five million dollars for the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-seven, up to three million dollars on an annual- ized basis for the periods during the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety-nine, up to five million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, up to four million six hundred thousand dollars annually for the periods
January first, two thousand three through December thirty-first, two thousand four, up to five million one hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand six annually, up to five million one hundred thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand nine, up to three million six hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, [and] up to seven hundred seventy-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, AND UP TO TWO MILLION FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN; and (v) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the department of health's special revenue fund - other, miscellaneous special revenue fund - 339 maternal and child HIV services account or the health care reform act (HCRA) resources fund, whichever is applicable, for purposes of a special program for HIV services for [infants and pregnant] women AND CHILDREN, INCLUDING ADOLESCENTS pursuant to section [seventy-one of chapter seven hundred thirty-one of the laws of nineteen hundred ninety-three, amend- ing] TWENTY-FIVE HUNDRED-F-ONE OF the public health law [and other laws relating to reimbursement, delivery and capital costs of ambulatory health care services and inpatient hospital services], up to five million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, up to five million dollars for the period January first, two thousand three through Decem- ber thirty-first, two thousand three, up to two million five hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to two million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to five million dollars for the period January first, two thousand six through December thirty- first, two thousand six, up to five million dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, [and] up to one million two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, AND UP TO FIVE MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN; (d) (i) An amount of up to twenty million dollars annually for the period January first, two thousand through December thirty-first, two thousand six, up to ten million dollars for the period January first, two thousand seven through June thirtieth, two thousand seven, up to twenty million dollars annually for the period January first, two thou- sand eight through December thirty-first, two thousand ten, [and] up to five million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, AND UP TO NINETEEN MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, shall be transferred to the health facility restruc- turing pool established pursuant to section twenty-eight hundred fifteen of this article; (ii) provided, however, amounts transferred pursuant to subparagraph (i) of this paragraph may be reduced in an amount to be approved by the
director of the budget to reflect the amount received from the federal government under the state's 1115 waiver which is directed under its terms and conditions to the health facility restructuring program. (e) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions to organizations to support the health workforce retraining program established pursuant to section twenty-eight hundred seven-g of this article from the respective health care initiatives pools established for the following periods in the following amounts from the pools or the health care reform act (HCRA) resources fund, whichever is applicable, during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine, up to fifty million dollars on an annualized basis, up to thirty million dollars for the period January first, two thousand through December thirty-first, two thousand, up to forty million dollars for the period January first, two thousand one through December thirty- first, two thousand one, up to fifty million dollars for the period January first, two thousand two through December thirty-first, two thou- sand two, up to forty-one million one hundred fifty thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three, up to forty-one million one hundred fifty thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to fifty-eight million three hundred sixty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to fifty-two million three hundred sixty thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six, up to thirty-five million four hundred thousand dollars annu- ally for the period January first, two thousand seven through December thirty-first, two thousand ten [and], up to eight million eight hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, AND UP TO TWENTY-EIGHT MILLION FOUR HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, less the amount of funds available for allocations for rate adjustments for workforce training programs for payments by state governmental agencies for inpatient hospital services. (f) Funds shall be accumulated and transferred from as follows: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, (A) thirty-four million six hundred thousand dollars shall be trans- ferred to funds reserved and accumulated pursuant to paragraph (b) of subdivision nineteen of section twenty-eight hundred seven-c of this article, and (B) eighty-two million dollars shall be transferred and deposited and credited to the credit of the state general fund medical assistance local assistance account; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, eighty-two million dollars shall be transferred and deposited and credited to the credit of the state general fund medical assistance local assistance account; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, eighty-two million dollars shall be transferred and deposited and cred- ited to the credit of the state general fund medical assistance local assistance account;
(iv) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand through December thirty-first, two thousand four, eighty-two million dollars annually, and for the period January first, two thousand five through December thirty-first, two thousand five, eighty-two million dollars, and for the period January first, two thousand six through December thirty-first, two thousand six, eighty-two million dollars, and for the period January first, two thousand seven through December thirty-first, two thousand seven, eighty-two million dollars, and for the period January first, two thousand eight through December thirty-first, two thousand eight, ninety million seven hundred thousand dollars shall be deposited by the commissioner, and the state comp- troller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account; (v) from the health care reform act (HCRA) resources fund for the period January first, two thousand nine through December thirty-first, two thousand nine, one hundred eight million nine hundred seventy-five thousand dollars, and for the period January first, two thousand ten through December thirty-first, two thousand ten, one hundred twenty-six million one hundred thousand dollars, [and] for the period January first, two thousand eleven through March thirty-first, two thousand eleven, twenty million five hundred thousand dollars, AND FOR EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, ONE HUNDRED FORTY-SIX MILLION FOUR HUNDRED THOUSAND DOLLARS, shall be deposited by the commissioner, and the state comptroller is hereby authorized and directed to receive for deposit, to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account. (g) Funds shall be transferred to primary health care services pools created by the commissioner, and shall be available, including income from invested funds, for distributions in accordance with former section twenty-eight hundred seven-bb of this article from the respective health care initiatives pools for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, fifteen and eighty-seven-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, fifteen and eighty-seven-hundredths percent; and (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, sixteen and thirteen-hundredths percent. (h) Funds shall be reserved and accumulated from year to year by the commissioner and shall be available, including income from invested funds, for purposes of primary care education and training pursuant to article nine of this chapter from the respective health care initiatives pools established for the following periods in the following percentage amounts of funds remaining after allocations in accordance with para- graphs (a) through (f) of this subdivision and shall be available for distributions as follows: (i) funds shall be reserved and accumulated:
(A) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, six and thirty-five-hundredths percent; (B) from the pool for the period January first, nineteen hundred nine- ty-eight through December thirty-first, nineteen hundred ninety-eight, six and thirty-five-hundredths percent; and (C) from the pool for the period January first, nineteen hundred nine- ty-nine through December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent; (ii) funds shall be available for distributions including income from invested funds as follows: (A) for purposes of the primary care physician loan repayment program in accordance with section nine hundred three of this chapter, up to five million dollars on an annualized basis; (B) for purposes of the primary care practitioner scholarship program in accordance with section nine hundred four of this chapter, up to two million dollars on an annualized basis; (C) for purposes of minority participation in medical education grants in accordance with section nine hundred six of this chapter, up to one million dollars on an annualized basis; and (D) provided, however, that the commissioner may reallocate any funds remaining or unallocated for distributions for the primary care practi- tioner scholarship program in accordance with section nine hundred four of this chapter. (i) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for distrib- utions in accordance with section twenty-nine hundred fifty-two and section twenty-nine hundred fifty-eight of this chapter for rural health care delivery development and rural health care access development, respectively, from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable, for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, thirteen and forty-nine-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, thirteen and forty-nine-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, thirteen and seventy-one-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, seventeen million dollars annu- ally, and for the period January first, two thousand three through December thirty-first, two thousand three, up to fifteen million eight hundred fifty thousand dollars; (v) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thousand four through December thirty-first, two thousand four, up to fifteen million eight hundred fifty thousand dollars, and for the period January first, two thousand five through December thirty-first, two thousand five, up to nineteen million two hundred thousand dollars, and for the period January first, two thousand six through December thirty-first, two thou-
sand six, up to nineteen million two hundred thousand dollars, for the period January first, two thousand seven through December thirty-first, two thousand ten, up to eighteen million one hundred fifty thousand dollars annually, [and] for the period January first, two thousand elev- en through March thirty-first, two thousand eleven, up to four million five hundred thirty-eight thousand dollars, AND FOR EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR- TY-FIRST, TWO THOUSAND FOURTEEN, UP TO SIXTEEN MILLION TWO HUNDRED THOU- SAND DOLLARS. (j) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions related to health information and health care quality improvement pursuant to former section twenty-eight hundred seven-n of this article from the respective health care initiatives pools estab- lished for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, six and thirty-five-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, six and thirty-five-hundredths percent; and (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent. (k) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for allo- cations and distributions in accordance with section twenty-eight hundred seven-p of this article for diagnostic and treatment center uncompensated care from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applica- ble, for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, thirty-eight and one-tenth percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, thirty-eight and one-tenth percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, thirty-eight and seventy-one-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, forty-eight million dollars annually, and for the period January first, two thousand three through June thirtieth, two thousand three, twenty-four million dollars; (v) (A) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period July first, two thousand three through December thirty-first, two thousand three, up to six million dollars, for the period January first, two thousand four through December thirty-first, two thousand six, up to twelve million dollars annually, for the period January first, two thousand seven through December thirty-first, two thousand [ten] THIRTEEN, up to forty-eight
million dollars annually, and for the period January first, two thousand [eleven] FOURTEEN through March thirty-first, two thousand [eleven] FOURTEEN, up to twelve million dollars; (B) from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, an additional seven million five hundred thousand dollars, for the period January first, two thousand seven through Decem- ber thirty-first, two thousand [ten] THIRTEEN, an additional seven million five hundred thousand dollars annually, and for the period Janu- ary first, two thousand [eleven] FOURTEEN through March thirty-first, two thousand [eleven] FOURTEEN, an additional one million eight hundred seventy-five thousand dollars, for voluntary non-profit diagnostic and treatment center uncompensated care in accordance with subdivision four-c of section twenty-eight hundred seven-p of this article; and (vi) funds reserved and accumulated pursuant to this paragraph for periods on and after July first, two thousand three, shall be deposited by the commissioner, within amounts appropriated, and the state comp- troller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, for purposes of funding the state share of rate adjustments made pursuant to section twenty-eight hundred seven-p of this article, provided, however, that in the event federal financial participation is not available for rate adjustments made pursuant to paragraph (b) of subdivision one of section twenty-eight hundred seven-p of this article, funds shall be distributed pursuant to paragraph (a) of subdivision one of section twenty-eight hundred seven-p of this article from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable. (l) Funds shall be reserved and accumulated from year to year by the commissioner and shall be available, including income from invested funds, for transfer to and allocation for services and expenses for the payment of benefits to recipients of drugs under the AIDS drug assist- ance program (ADAP) - HIV uninsured care program as administered by Health Research Incorporated from the respective health care initi- atives pools or the health care reform act (HCRA) resources fund, which- ever is applicable, established for the following periods in the follow- ing percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, nine and fifty-two-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, nine and fifty-two-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine and December thirty-first, nineteen hundred ninety-nine, nine and sixty-eight-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, up to twelve million dollars annually, and for the period January first, two thousand three through December thirty-first, two thousand three, up to forty million dollars; and (v) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the periods January first, two thousand
four through December thirty-first, two thousand four, up to fifty-six million dollars, for the period January first, two thousand five through December thirty-first, two thousand six, up to sixty million dollars annually, for the period January first, two thousand seven through December thirty-first, two thousand ten, up to sixty million dollars annually, [and] for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to fifteen million dollars, AND EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, UP TO FORTY-TWO MILLION THREE HUNDRED THOUSAND DOLLARS. (m) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions pursuant to section twenty-eight hundred seven-r of this article for cancer related services from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable, established for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, seven and ninety-four-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, seven and ninety-four-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine and December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent; (iv) from the pool for the period January first, two thousand through December thirty-first, two thousand two, up to ten million dollars on an annual basis; (v) from the pool for the period January first, two thousand three through December thirty-first, two thousand four, up to eight million nine hundred fifty thousand dollars on an annual basis; (vi) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand five through December thirty-first, two thousand six, up to ten million fifty thousand dollars on an annual basis, for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand ten, up to nineteen million dollars annually, and for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, up to four million seven hundred fifty thousand dollars. (n) Funds shall be accumulated and transferred from the health care reform act (HCRA) resources fund as follows: for the period April first, two thousand seven through March thirty-first, two thousand eight, and on an annual basis for the periods April first, two thousand eight through November thirtieth, two thousand nine, funds within amounts appropriated shall be transferred and deposited and credited to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, for purposes of funding the state share of rate adjustments made to public and voluntary hospitals in accordance with paragraphs (i) and (j) of subdivision one of section twenty-eight hundred seven-c of this article. 2. Notwithstanding any inconsistent provision of law, rule or regu- lation, any funds accumulated in the health care initiatives pools
pursuant to paragraph (b) of subdivision nine of section twenty-eight hundred seven-j of this article, as a result of surcharges, assessments or other obligations during the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety- nine, which are unused or uncommitted for distributions pursuant to this section shall be reserved and accumulated from year to year by the commissioner and, within amounts appropriated, transferred and deposited into the special revenue funds - other, miscellaneous special revenue fund - 339, child health insurance account or any successor fund or account, for purposes of distributions to implement the child health insurance program established pursuant to sections twenty-five hundred ten and twenty-five hundred eleven of this chapter for periods on and after January first, two thousand one; provided, however, funds reserved and accumulated for priority distributions pursuant to subparagraph (iii) of paragraph (c) of subdivision one of this section shall not be transferred and deposited into such account pursuant to this subdivi- sion; and provided further, however, that any unused or uncommitted pool funds accumulated and allocated pursuant to paragraph (j) of subdivision one of this section shall be distributed for purposes of the health information and quality improvement act of 2000. 3. Revenue from distributions pursuant to this section shall not be included in gross revenue received for purposes of the assessments pursuant to subdivision eighteen of section twenty-eight hundred seven-c of this article, subject to the provisions of paragraph (e) of subdivi- sion eighteen of section twenty-eight hundred seven-c of this article, and shall not be included in gross revenue received for purposes of the assessments pursuant to section twenty-eight hundred seven-d of this article, subject to the provisions of subdivision twelve of section twenty-eight hundred seven-d of this article. S 8. Subdivision 1 of section 2807-v of the public health law, as amended by section 5 of part B of chapter 58 of the laws of 2008, para- graphs (g), (h), (i) and (i-1) as amended by section 5 of part I of chapter 2 of the laws of 2009, subparagraphs (xi) and (xii) of paragraph (j) as amended by section 12, paragraph (jj) as amended by section 10, subparagraph (vii) of paragraph (qq) as amended by section 11 and subparagraph (vii) of paragraph (uu) as amended by section 9 of part B of chapter 109 of the laws of 2010, paragraph (s) as amended by section 8, paragraphs (x) and (y) as amended by section 6, paragraph (kk) as amended by section 124, subparagraph (vi) of paragraph (uu) as amended by section 120, paragraph (xx) as amended by section 10 and paragraphs (ggg) and (hhh) as amended by section 7 of part C of chapter 58 of the laws of 2009, is amended to read as follows: 1. Funds accumulated in the tobacco control and insurance initiatives pool or in the health care reform act (HCRA) resources fund established pursuant to section ninety-two-dd of the state finance law, whichever is applicable, including income from invested funds, shall be distributed or retained by the commissioner or by the state comptroller, as applica- ble, in accordance with the following: (a) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medicaid fraud hotline and medicaid administration account, or any successor fund or account, for purposes of services and expenses related to the toll-free medicaid fraud hotline established pursuant to section one hundred eight of chap- ter one of the laws of nineteen hundred ninety-nine from the tobacco
control and insurance initiatives pool established for the following periods in the following amounts: four hundred thousand dollars annually for the periods January first, two thousand through December thirty- first, two thousand two, up to four hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to four hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to four hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five, up to four hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to four hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to four hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to four hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to four hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, [and] up to one hundred thou- sand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven AND WITHIN AMOUNTS APPROPRIATED ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN. (b) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of payment of audits or audit contracts necessary to determine payor and provider compliance with requirements set forth in sections twenty-eight hundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred seven-t of this article [and hospital compliance with paragraph six of subdivision (a) of section 405.4 of title 10 of the official compilation of codes, rules and regulations of the state of New York in accordance with subdivision nine of section twenty-eight hundred three of this article] from the tobacco control and insurance initiatives pool estab- lished for the following periods in the following amounts: five million six hundred thousand dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, up to five million dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to five million dollars for the period January first, two thousand four through December thir- ty-first, two thousand four, up to five million dollars for the period January first, two thousand five through December thirty first, two thousand five, up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to seven million eight hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, and up to eight million three hundred twenty-five thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight, up to eight million five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to eight million five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, [and] up to two million one hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, AND UP TO FOURTEEN MILLION SEVEN HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR- TY-FIRST, TWO THOUSAND FOURTEEN.
(c) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, enhanced community services account, or any successor fund or account, for mental health services programs for case management services for adults and children; supported housing; home and community based waiver services; family based treat- ment; family support services; mobile mental health teams; transitional housing; and community oversight, established pursuant to articles seven and forty-one of the mental hygiene law and subdivision nine of section three hundred sixty-six of the social services law; and for comprehen- sive care centers for eating disorders pursuant to THE FORMER section twenty-seven hundred ninety-nine-l of this chapter, provided however that, for such centers, funds in the amount of five hundred thousand dollars on an annualized basis shall be transferred from the enhanced community services account, or any successor fund or account, and depos- ited into the fund established by section ninety-five-e of the state finance law; from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) forty-eight million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand, for the period January first, two thousand through December thirty-first, two thousand; (ii) eighty-seven million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand one, for the period January first, two thousand one through December thirty- first, two thousand one; (iii) eighty-seven million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand two, for the period January first, two thousand two through December thirty- first, two thousand two; (iv) eighty-eight million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand three, for the period January first, two thousand three through December thirty-first, two thousand three; (v) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand four, and pursuant to THE FORMER section twenty-seven hundred ninety-nine-l of this chapter, for the period Janu- ary first, two thousand four through December thirty-first, two thousand four; (vi) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand five, and pursuant to THE FORMER section twenty-seven hundred ninety-nine-l of this chapter, for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (vii) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand six, and pursuant to section twen- ty-seven hundred ninety-nine-l of this chapter, for the period January first, two thousand six through December thirty-first, two thousand six; (viii) eighty-six million four hundred thousand dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distrib- ution pursuant to a chapter of the laws of two thousand seven and pursu- ant to THE FORMER section twenty-seven hundred ninety-nine-l of this
chapter, for the period January first, two thousand seven through Decem- ber thirty-first, two thousand seven; and (ix) twenty-two million nine hundred thirteen thousand dollars, plus one hundred twenty-five thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand eight and pursuant to THE FORMER section twenty-seven hundred ninety- nine-l of this chapter, for the period January first, two thousand eight through March thirty-first, two thousand eight. (d) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the family health plus program including up to two and one-half million dollars annually for the period January first, two thousand through December thirty-first, two thousand two, for administration and marketing costs associated with such program established pursuant to clause (A) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) twenty-seven million dollars for the period January first, two thousand one through December thirty-first, two thousand one; and (iii) fifty-seven million dollars for the period January first, two thousand two through December thirty-first, two thousand two. (e) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the family health plus program including up to two and one-half million dollars annually for the period January first, two thousand through December thirty-first, two thousand two for administration and marketing costs associated with such program established pursuant to clause (B) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) two million five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) thirty million five hundred thousand dollars for the period Janu- ary first, two thousand one through December thirty-first, two thousand one; and (iii) sixty-six million dollars for the period January first, two thousand two through December thirty-first, two thousand two. (f) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medicaid fraud hotline and medicaid administration account, or any successor fund or account, for purposes of payment of administrative expenses of the department related to the family health plus program established pursuant to section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following
periods in the following amounts: five hundred thousand dollars on an annual basis for the periods January first, two thousand through Decem- ber thirty-first, two thousand six, five hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven, and five hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, [and] one hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven AND WITHIN AMOUNTS APPROPRIATED ON AND AFTER APRIL FIRST, TWO THOUSAND ELEV- EN. (g) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the health maintenance organization direct pay market program established pursuant to sections forty-three hundred twenty-one-a and forty-three hundred twenty-two-a of the insur- ance law from the tobacco control and insurance initiatives pool estab- lished for the following periods in the following amounts: (i) up to thirty-five million dollars for the period January first, two thousand through December thirty-first, two thousand of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (ii) up to thirty-six million dollars for the period January first, two thousand one through December thirty-first, two thousand one of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (iii) up to thirty-nine million dollars for the period January first, two thousand two through December thirty-first, two thousand two of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (iv) up to forty million dollars for the period January first, two thousand three through December thirty-first, two thousand three of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (v) up to forty million dollars for the period January first, two thousand four through December thirty-first, two thousand four of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (vi) up to forty million dollars for the period January first, two thousand five through December thirty-first, two thousand five of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (vii) up to forty million dollars for the period January first, two thousand six through December thirty-first, two thousand six of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (viii) up to forty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; and (ix) up to forty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight of which fifty per centum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty per centum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law. (h) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the healthy New York individual program established pursuant to sections four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to six million dollars for the period January first, two thou- sand one through December thirty-first, two thousand one; (ii) up to twenty-nine million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iii) up to five million one hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million six hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to thirty-four million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to fifty-four million eight hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to sixty-one million seven hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (viii) up to one hundred three million seven hundred fifty thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight. (i) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the healthy New York group program established pursuant to sections four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law from
the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty-four million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (ii) up to seventy-seven million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iii) up to ten million five hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million six hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to thirty-four million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to fifty-four million eight hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to sixty-one million seven hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (viii) up to one hundred three million seven hundred fifty thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight. (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this subdivision, the commissioner shall reserve and accumulate up to two million five hundred thousand dollars annually for the periods January first, two thousand four through December thirty-first, two thousand six, one million four hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, two million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, from funds otherwise available for distribution under such paragraphs for the services and expenses related to the pilot program for entertainment industry employees included in subsection (b) of section one thousand one hundred twenty-two of the insurance law, and an additional seven hundred thousand dollars annually for the periods January first, two thousand four through December thirty-first, two thousand six, an addi- tional three hundred thousand dollars for the period January first, two thousand seven through June thirtieth, two thousand seven for services and expenses related to the pilot program for displaced workers included in subsection (c) of section one thousand one hundred twenty-two of the insurance law. (j) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the tobacco use prevention and control program established pursuant to sections thirteen hundred nine- ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to forty million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to forty million dollars for the period January first, two thousand two through December thirty-first, two thousand two;
(iv) up to thirty-six million nine hundred fifty thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (v) up to thirty-six million nine hundred fifty thousand dollars for the period January first, two thousand four through December thirty- first, two thousand four; (vi) up to forty million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to eighty-one million nine hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that within amounts appropriated, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to support costs associated with cancer research; (viii) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven, provided, however, that within amounts appropriated, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to support costs associated with cancer research; (ix) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand eight through December thirty- first, two thousand eight; (x) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand nine through December thirty- first, two thousand nine; (xi) up to eighty-seven million seven hundred seventy-five thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (xii) up to twenty-one million four hundred twelve thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven[.]; AND (XIII) UP TO FIFTY-TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. (k) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, health care services account, or any successor fund or account, for purposes of services and expenses related to public health programs, including comprehensive care centers for eating disorders pursuant to THE FORMER section twenty-seven hundred ninety-nine-l of this chapter, provided however that, for such centers, funds in the amount of five hundred thousand dollars on an annualized basis shall be transferred from the health care services account, or any successor fund or account, and deposited into the fund established by section ninety-five-e of the state finance law FOR PERIODS PRIOR TO MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty-one million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to forty-one million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to eighty-one million dollars for the period January first, two thousand two through December thirty-first, two thousand two;
(iv) one hundred twenty-two million five hundred thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (v) one hundred eight million five hundred seventy-five thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand four through December thirty-first, two thousand four; (vi) ninety-one million eight hundred thousand dollars, plus an addi- tional five hundred thousand dollars, for the period January first, two thousand five through December thirty-first, two thousand five; (vii) one hundred fifty-six million six hundred thousand dollars, plus an additional five hundred thousand dollars, for the period January first, two thousand six through December thirty-first, two thousand six; (viii) one hundred fifty-one million four hundred thousand dollars, plus an additional five hundred thousand dollars, for the period January first, two thousand seven through December thirty-first, two thousand seven; (ix) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand eight through December thirty-first, two thousand eight; (x) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand nine through December thirty-first, two thousand nine; (xi) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand ten through December thirty-first, two thousand ten; [and] (xii) twenty-nine million two hundred thirty-seven thousand two hundred fifty dollars, plus an additional one hundred twenty-five thou- sand dollars, for the period January first, two thousand eleven through March thirty-first, two thousand eleven[.]; (XIII) ONE HUNDRED TWENTY MILLION THIRTY-EIGHT THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE; AND (XIV) ONE HUNDRED NINETEEN MILLION FOUR HUNDRED SEVEN THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. (l) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the personal care and certified home health agency rate or fee increases established pursuant to subdivision three of section three hundred sixty-seven-o of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-three million two hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) twenty-three million two hundred thousand dollars for the period January first, two thousand one through December thirty-first, two thou- sand one;
(iii) twenty-three million two hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (iv) up to sixty-five million two hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) up to sixty-five million two hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) up to sixty-five million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to sixty-five million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (viii) up to sixty-five million two hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (ix) up to sixteen million three hundred thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (m) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to home care workers insurance pilot demonstration programs established pursuant to subdivision two of section three hundred sixty-seven-o of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million eight hundred thousand dollars for the period Janu- ary first, two thousand through December thirty-first, two thousand; (ii) three million eight hundred thousand dollars for the period Janu- ary first, two thousand one through December thirty-first, two thousand one; (iii) three million eight hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (iv) up to three million eight hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) up to three million eight hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) up to three million eight hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to three million eight hundred thousand dollars for the peri- od January first, two thousand six through December thirty-first, two thousand six; (viii) up to three million eight hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and
(ix) up to nine hundred fifty thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (n) Funds shall be transferred by the commissioner and shall be depos- ited to the credit of the special revenue funds - other, miscellaneous special revenue fund - 339, elderly pharmaceutical insurance coverage program premium account authorized pursuant to the provisions of title three of article two of the elder law, or any successor fund or account, for funding state expenses relating to the program from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) one hundred seven million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) one hundred sixty-four million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) three hundred twenty-two million seven hundred thousand dollars for the period January first, two thousand two through December thirty- first, two thousand two; (iv) four hundred thirty-three million three hundred thousand dollars for the period January first, two thousand three through December thir- ty-first, two thousand three; (v) five hundred four million one hundred fifty thousand dollars for the period January first, two thousand four through December thirty- first, two thousand four; (vi) five hundred sixty-six million eight hundred thousand dollars for the period January first, two thousand five through December thirty- first, two thousand five; (vii) six hundred three million one hundred fifty thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (viii) six hundred sixty million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven; (ix) three hundred sixty-seven million four hundred sixty-three thou- sand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) three hundred thirty-four million eight hundred twenty-five thou- sand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) three hundred forty-four million nine hundred thousand dollars for the period January first, two thousand ten through December thirty- first, two thousand ten; [and] (xii) eighty-seven million seven hundred eighty-eight thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven[.]; (XIII) ONE HUNDRED FORTY-THREE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE; (XIV) ONE HUNDRED TWENTY MILLION NINE HUNDRED FIFTY THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN; AND (XV) ONE HUNDRED TWENTY-EIGHT MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. (o) Funds shall be reserved and accumulated and shall be transferred to the Roswell Park Cancer Institute Corporation, from the tobacco
control and insurance initiatives pool established for the following periods in the following amounts: (i) up to ninety million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to sixty million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to eighty-five million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) eighty-five million two hundred fifty thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) seventy-eight million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) seventy-eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) ninety-one million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (viii) seventy-eight million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (ix) seventy-eight million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) seventy-eight million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) seventy-eight million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (xii) nineteen million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven[.]; AND (XIII) SIXTY-NINE MILLION EIGHT HUNDRED FORTY THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. (p) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, indigent care fund - 068, indigent care account, or any successor fund or account, for purposes of providing a medicaid disproportionate share payment from the high need indigent care adjust- ment pool established pursuant to section twenty-eight hundred seven-w of this article, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighty-two million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two; (ii) up to eighty-two million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to eighty-two million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to eighty-two million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eighty-two million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to eighty-two million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to eighty-two million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to eighty-two million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine;
(ix) up to eighty-two million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (x) up to twenty million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; AND (XI) UP TO EIGHTY-TWO MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. (q) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of providing distributions to eligible school based health centers established pursuant to section eighty-eight of chapter one of the laws of nineteen hundred ninety-nine, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) seven million dollars annually for the period January first, two thousand through December thirty-first, two thousand two; (ii) up to seven million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to seven million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to seven million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to seven million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to seven million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to seven million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to seven million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to seven million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (x) up to one million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; AND (XI) UP TO FIVE MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR- TY-FIRST, TWO THOUSAND FOURTEEN. (r) Funds shall be deposited by the commissioner within amounts appro- priated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of providing distributions for supplemen- tary medical insurance for Medicare part B premiums, physicians services, outpatient services, medical equipment, supplies and other health services, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) forty-three million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) sixty-one million dollars for the period January first, two thou- sand one through December thirty-first, two thousand one; (iii) sixty-five million dollars for the period January first, two thousand two through December thirty-first, two thousand two;
(iv) sixty-seven million five hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) sixty-eight million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) sixty-eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) sixty-eight million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (viii) seventeen million five hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (ix) sixty-eight million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) sixty-eight million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) sixty-eight million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (xii) seventeen million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven[.]; AND (XIII) SIXTY-EIGHT MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. (s) Funds shall be deposited by the commissioner within amounts appro- priated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of providing distributions pursuant to paragraphs (s-5), (s-6), (s-7) and (s-8) of subdivision eleven of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighteen million dollars for the period January first, two thou- sand through December thirty-first, two thousand; (ii) twenty-four million dollars annually for the periods January first, two thousand one through December thirty-first, two thousand two; (iii) up to twenty-four million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to twenty-four million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to twenty-four million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to twenty-four million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (viii) up to twenty-four million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (ix) up to twenty-two million dollars for the period January first, two thousand nine through November thirtieth, two thousand nine. (t) Funds shall be reserved and accumulated from year to year by the commissioner and shall be made available, including income from invested funds: (i) For the purpose of making grants to a state owned and operated medical school which does not have a state owned and operated hospital
on site and available for teaching purposes. Notwithstanding sections one hundred twelve and one hundred sixty-three of the state finance law, such grants shall be made in the amount of up to five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) For the purpose of making grants to medical schools pursuant to section eighty-six-a of chapter one of the laws of nineteen hundred ninety-nine in the sum of up to four million dollars for the period January first, two thousand through December thirty-first, two thousand; and (iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of this paragraph from the tobacco control and insurance initiatives pool are contingent upon meeting all funding amounts established pursuant to paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r) and (s) of this subdivision, paragraph (a) of subdivision nine of section twenty-eight hundred seven-j of this article, and paragraphs (a), (i) and (k) of subdivision one of section twenty-eight hundred seven-l of this article. (u) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the nursing home quality improvement demonstration program established pursuant to section twen- ty-eight hundred eight-d of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to twenty-five million dollars for the period beginning April first, two thousand two and ending December thirty-first, two thousand two, and on an annualized basis, for each annual period thereafter beginning January first, two thousand three and ending December thirty- first, two thousand four; (ii) up to eighteen million seven hundred fifty thousand dollars for the period January first, two thousand five through December thirty- first, two thousand five; and (iii) up to fifty-six million five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six. (v) Funds shall be transferred by the commissioner and shall be depos- ited to the credit of the hospital excess liability pool created pursu- ant to section eighteen of chapter two hundred sixty-six of the laws of nineteen hundred eighty-six, or any successor fund or account, for purposes of expenses related to the purchase of excess medical malprac- tice insurance and the cost of administrating the pool, including costs associated with the risk management program established pursuant to section forty-two of part A of chapter one of the laws of two thousand two required by paragraph (a) of subdivision one of section eighteen of chapter two hundred sixty-six of the laws of nineteen hundred eighty-six as may be amended from time to time, from the tobacco control and insur- ance initiatives pool established for the following periods in the following amounts: (i) up to fifty million dollars or so much as is needed for the period January first, two thousand two through December thirty-first, two thou- sand two;
(ii) up to seventy-six million seven hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to sixty-five million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to sixty-five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to one hundred thirteen million eight hundred thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (vi) up to one hundred thirty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to one hundred thirty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to one hundred thirty million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to one hundred thirty million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (x) up to thirty-two million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven[.]; AND (XI) UP TO ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. (w) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the treatment of breast and cervical cancer pursuant to para- graph (v) of subdivision four of section three hundred sixty-six of the social services law, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to four hundred fifty thousand dollars for the period January first, two thousand two through December thirty-first, two thousand two; (ii) up to two million one hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to two million one hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to two million one hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to two million one hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) up to two million one hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven;
(vii) up to two million one hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to two million one hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to two million one hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; [and] (x) up to five hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven[.]; AND (XI) UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR- TY-FIRST, TWO THOUSAND FOURTEEN. (x) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the non-public general hospital rates increases for recruitment and retention of health care workers from the tobacco control and insur- ance initiatives pool established for the following periods in the following amounts: (i) twenty-seven million one hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) fifty million eight hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) sixty-nine million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) sixty-nine million three hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) sixty-nine million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) sixty-five million three hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) sixty-one million one hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) forty-eight million seven hundred twenty-one thousand dollars for the period January first, two thousand nine through November thirti- eth, two thousand nine. (y) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to public general hospitals for recruitment and retention of health care workers pursuant to paragraph (b) of subdivision thirty of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts:
(i) eighteen million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) thirty-seven million four hundred thousand dollars on an annual- ized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) fifty-two million two hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) fifty-two million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) fifty-two million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) forty-nine million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) forty-nine million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) twelve million two hundred fifty thousand dollars for the peri- od January first, two thousand nine through March thirty-first, two thousand nine. Provided, however, amounts pursuant to this paragraph may be reduced in an amount to be approved by the director of the budget to reflect amounts received from the federal government under the state's 1115 waiver which are directed under its terms and conditions to the health workforce recruitment and retention program. (z) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the non-public residential health care facility rate increases for recruitment and retention of health care workers pursuant to para- graph (a) of subdivision eighteen of section twenty-eight hundred eight of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-one million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) thirty-three million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) forty-six million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) forty-six million three hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) forty-six million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) thirty million nine hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven;
(vii) twenty-four million seven hundred thousand dollars for the peri- od January first, two thousand eight through December thirty-first, two thousand eight; (viii) twelve million three hundred seventy-five thousand dollars for the period January first, two thousand nine through December thirty- first, two thousand nine; (ix) nine million three hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; and (x) two million three hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (aa) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to public residential health care facilities for recruitment and retention of health care workers pursuant to paragraph (b) of subdi- vision eighteen of section twenty-eight hundred eight of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) seven million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty- first, two thousand two; (ii) eleven million seven hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) sixteen million two hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) sixteen million two hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) sixteen million two hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six; (vi) ten million eight hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) six million seven hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) one million three hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine. (bb)(i) Funds shall be deposited by the commissioner, within amounts appropriated, and subject to the availability of federal financial participation, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of adjustments to Medicaid rates of payment for personal care services provided pursuant to paragraph (e) of subdivision two of section three hundred sixty-five-a of the social services law, for local social service districts which include a city with a population of over one million persons and computed and distributed in accordance with memorandums of understanding to be entered into between the state of New York and such local social service districts for the purpose of support-
ing the recruitment and retention of personal care service workers or any worker with direct patient care responsibility, from the tobacco control and insurance initiatives pool established for the following periods and the following amounts: (A) forty-four million dollars, on an annualized basis, for the period April first, two thousand two through December thirty-first, two thou- sand two; (B) seventy-four million dollars, on an annualized basis, for the period January first, two thousand three through December thirty-first, two thousand three; (C) one hundred four million dollars, on an annualized basis, for the period January first, two thousand four through December thirty-first, two thousand four; (D) one hundred thirty-six million dollars, on an annualized basis, for the period January first, two thousand five through December thir- ty-first, two thousand five; (E) one hundred thirty-six million dollars, on an annualized basis, for the period January first, two thousand six through December thirty- first, two thousand six; (F) one hundred thirty-six million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (G) one hundred thirty-six million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (H) one hundred thirty-six million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (I) one hundred thirty-six million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (J) thirty-four million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven[.]; AND (K) ONE HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. (ii) Adjustments to Medicaid rates made pursuant to this paragraph shall not, in aggregate, exceed the following amounts for the following periods: (A) for the period April first, two thousand two through December thirty-first, two thousand two, one hundred ten million dollars; (B) for the period January first, two thousand three through December thirty-first, two thousand three, one hundred eighty-five million dollars; (C) for the period January first, two thousand four through December thirty-first, two thousand four, two hundred sixty million dollars; (D) for the period January first, two thousand five through December thirty-first, two thousand five, three hundred forty million dollars; (E) for the period January first, two thousand six through December thirty-first, two thousand six, three hundred forty million dollars; (F) for the period January first, two thousand seven through December thirty-first, two thousand seven, three hundred forty million dollars; (G) for the period January first, two thousand eight through December thirty-first, two thousand eight, three hundred forty million dollars; (H) for the period January first, two thousand nine through December thirty-first, two thousand nine, three hundred forty million dollars;
(I) for the period January first, two thousand ten through December thirty-first, two thousand ten, three hundred forty million dollars; [and] (J) for the period January first, two thousand eleven through March thirty-first, two thousand eleven, eighty-five million dollars[.]; AND (K) FOR EACH STATE FISCAL YEAR WITHIN THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, THREE HUNDRED FORTY MILLION DOLLARS. (iii) Personal care service providers which have their rates adjusted pursuant to this paragraph shall use such funds for the purpose of recruitment and retention of non-supervisory personal care services workers or any worker with direct patient care responsibility only and are prohibited from using such funds for any other purpose. Each such personal care services provider shall submit, at a time and in a manner to be determined by the commissioner, a written certification attesting that such funds will be used solely for the purpose of recruitment and retention of non-supervisory personal care services workers or any work- er with direct patient care responsibility. The commissioner is author- ized to audit each such provider to ensure compliance with the written certification required by this subdivision and shall recoup any funds determined to have been used for purposes other than recruitment and retention of non-supervisory personal care services workers or any work- er with direct patient care responsibility. Such recoupment shall be in addition to any other penalties provided by law. (cc) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of adjustments to Medicaid rates of payment for personal care services provided pursuant to paragraph (e) of subdivision two of section three hundred sixty-five-a of the social services law, for local social service districts which shall not include a city with a popu- lation of over one million persons for the purpose of supporting the personal care services worker recruitment and retention program as established pursuant to section three hundred sixty-seven-q of the social services law, from the tobacco control and insurance initiatives pool established for the following periods and the following amounts: (i) two million eight hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) five million six hundred thousand dollars, on an annualized basis, for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eight million four hundred thousand dollars, on an annualized basis, for the period January first, two thousand four through December thirty-first, two thousand four; (iv) ten million eight hundred thousand dollars, on an annualized basis, for the period January first, two thousand five through December thirty-first, two thousand five; (v) ten million eight hundred thousand dollars, on an annualized basis, for the period January first, two thousand six through December thirty-first, two thousand six; (vi) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven;
(vii) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; (viii) eleven million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; [and] (x) two million eight hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven[.]; AND (XI) ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR- TY-FIRST, TWO THOUSAND FOURTEEN. (dd) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures for physician services from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to fifty-two million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (ii) eighty-one million two hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eighty-five million two hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) eighty-five million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) eighty-five million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) [eight-five] EIGHTY-FIVE million two hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven; (vii) eighty-five million two hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) eighty-five million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eighty-five million two hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; [and] (x) twenty-one million three hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven[.]; AND (XI) EIGHTY-FIVE MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
(ee) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the free-standing diagnostic and treatment center rate increases for recruitment and retention of health care workers pursuant to subdivision seventeen of section twenty-eight hundred seven of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million two hundred fifty thousand dollars for the period April first, two thousand two through December thirty-first, two thou- sand two; (ii) three million two hundred fifty thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) three million two hundred fifty thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) three million two hundred fifty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) three million two hundred fifty thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) three million two hundred fifty thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) three million four hundred thirty-eight thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) two million four hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) one million five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (x) three hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (ff) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures for disabled persons as authorized pursuant to subparagraphs twelve and thirteen of paragraph (a) of subdivision one of section three hundred sixty-six of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) one million eight hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) sixteen million four hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three;
(iii) eighteen million seven hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) thirty million six hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) thirty million six hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) thirty million six hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (vii) fifteen million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; (viii) fifteen million dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine; (ix) fifteen million dollars for the period January first, two thou- sand ten through December thirty-first, two thousand ten; [and] (x) three million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven[.]; AND (XI) FIFTEEN MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOU- SAND FOURTEEN. (gg) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to non-public general hospitals pursuant to paragraph (c) of subdivision thirty of section twenty-eight hundred seven-c of this arti- cle from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to one million three hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) up to three million two hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to five million six hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to eight million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eight million six hundred thousand dollars on an annualized basis for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to two million six hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to two million six hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to two million six hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to two million six hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; and
(x) up to six hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (hh) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue fund - other, HCRA transfer fund, medical assistance account for purposes of providing financial assistance to residential health care facilities pursuant to subdivisions nineteen and twenty-one of section twenty-eight hundred eight of this article, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) for the period April first, two thousand two through December thirty-first, two thousand two, ten million dollars; (ii) for the period January first, two thousand three through December thirty-first, two thousand three, nine million four hundred fifty thou- sand dollars; (iii) for the period January first, two thousand four through December thirty-first, two thousand four, nine million three hundred fifty thou- sand dollars; (iv) up to fifteen million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to fifteen million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to fifteen million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to fifteen million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to fifteen million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to fifteen million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (x) up to three million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven[.]; AND (XI) FIFTEEN MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOU- SAND FOURTEEN. (ii) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for disabled persons as authorized by sections 1619 (a) and (b) of the federal social security act pursuant to the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) six million four hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) eight million five hundred thousand dollars, for the period Janu- ary first, two thousand three through December thirty-first, two thou- sand three; (iii) eight million five hundred thousand dollars for the period Janu- ary first, two thousand four through December thirty-first, two thousand four;
(iv) eight million five hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) eight million five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) eight million six hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) eight million five hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; (viii) eight million five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eight million five hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; [and] (x) two million one hundred twenty-five thousand dollars for the peri- od January first, two thousand eleven through March thirty-first, two thousand eleven; AND (XI) EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR- TY-FIRST, TWO THOUSAND FOURTEEN. (jj) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purposes of a grant program to improve access to infertility services, treatments and procedures, from the tobacco control and insurance initi- atives pool established for the period January first, two thousand two through December thirty-first, two thousand two in the amount of nine million one hundred seventy-five thousand dollars, for the period April first, two thousand six through March thirty-first, two thousand seven in the amount of five million dollars, for the period April first, two thousand seven through March thirty-first, two thousand eight in the amount of five million dollars, for the period April first, two thousand eight through March thirty-first, two thousand nine in the amount of five million dollars, and for the period April first, two thousand nine through March thirty-first, two thousand ten in the amount of five million dollars, [and] for the period April first, two thousand ten through March thirty-first, two thousand eleven in the amount of two million two hundred thousand dollars, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE UP TO ONE MILLION ONE HUNDRED THOUSAND DOLLARS. (kk) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds -- other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medical Assistance Program expenditures from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) thirty-eight million eight hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) up to two hundred ninety-five million dollars for the period January first, two thousand three through December thirty-first, two thousand three;
(iii) up to four hundred seventy-two million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to nine hundred million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eight hundred sixty-six million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to six hundred sixteen million seven hundred thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven; (vii) up to five hundred seventy-eight million nine hundred twenty- five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) within amounts appropriated on and after January first, two thousand nine. (ll) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds -- other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures related to the city of New York from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighty-two million seven hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) one hundred twenty-four million six hundred thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (iii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand four through December thir- ty-first, two thousand four; (iv) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand five through December thir- ty-first, two thousand five; (v) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (vi) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven; (vii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand eight through December thir- ty-first, two thousand eight; (viii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand nine through December thir- ty-first, two thousand nine; (ix) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand ten through December thirty- first, two thousand ten; [and] (x) thirty-one million one hundred seventy-five thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven[.]; AND
(XI) ONE HUNDRED TWENTY-FOUR MILLION SEVEN HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. (mm) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding specified percentages of the state share of services and expenses related to the family health plus program in accordance with the following schedule: (i) (A) for the period January first, two thousand three through December thirty-first, two thousand four, one hundred percent of the state share; (B) for the period January first, two thousand five through December thirty-first, two thousand five, seventy-five percent of the state share; and, (C) for periods beginning on and after January first, two thousand six, fifty percent of the state share. (ii) Funding for the family health plus program will include up to five million dollars annually for the period January first, two thousand three through December thirty-first, two thousand six, up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to seven million two hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to seven million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to seven million two hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, [and] up to one million eight hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, UP TO SIX MILLION FORTY-NINE THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOU- SAND TWELVE, UP TO SIX MILLION TWO HUNDRED EIGHTY-NINE THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, AND UP TO SIX MILLION FOUR HUNDRED SIXTY-ONE THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, for adminis- tration and marketing costs associated with such program established pursuant to clauses (A) and (B) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (A) one hundred ninety million six hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (B) three hundred seventy-four million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (C) five hundred thirty-eight million four hundred thousand dollars for the period January first, two thousand five through December thir- ty-first, two thousand five; (D) three hundred eighteen million seven hundred seventy-five thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six;
(E) four hundred eighty-two million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven; (F) five hundred seventy million twenty-five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (G) six hundred ten million seven hundred twenty-five thousand dollars for the period January first, two thousand nine through December thir- ty-first, two thousand nine; (H) six hundred twenty-seven million two hundred seventy-five thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (I) one hundred fifty-seven million eight hundred seventy-five thou- sand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven[.]; (J) SIX HUNDRED TWENTY-EIGHT MILLION FOUR HUNDRED THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE; (K) SIX HUNDRED FIFTY MILLION FOUR HUNDRED THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN; AND (L) SIX HUNDRED FIFTY MILLION FOUR HUNDRED THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN. (nn) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, health care services account, or any successor fund or account, for purposes related to adult home initiatives for medicaid eligible residents of residential facilities licensed pursuant to section four hundred sixty-b of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to four million dollars for the period January first, two thou- sand three through December thirty-first, two thousand three; (ii) up to six million dollars for the period January first, two thou- sand four through December thirty-first, two thousand four; (iii) up to eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this para- graph; (iv) up to eight million dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this paragraph; (v) up to eight million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited
to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this para- graph; (vi) up to two million seven hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (vii) up to two million seven hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (viii) up to two million seven hundred fifty thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (ix) up to six hundred eighty-eight thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven. (oo) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to non-public general hospitals pursuant to paragraph (e) of subdivision twenty-five of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool estab- lished for the following periods in the following amounts: (i) up to five million dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (ii) up to five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (iv) up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (v) up to five million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; (vi) up to five million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (vii) up to five million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (viii) up to one million two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (pp) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting the provision of tax credits for long term care insurance pursuant to subdivision one of section one hundred ninety of the tax law, paragraph (a) of subdivision twenty-five-a of section two hundred ten of such law, subsection (aa) of section six hundred six of such law, paragraph one of subsection (k) of section fourteen hundred fifty-six of such law and paragraph one of subdivision (m) of section fifteen hundred eleven of such law, in the following amounts: (i) ten million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (ii) ten million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) ten million dollars for the period January first, two thousand six through December thirty-first, two thousand six; and
(iv) five million dollars for the period January first, two thousand seven through June thirtieth, two thousand seven. (qq) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting the long-term care insurance education and outreach program established pursuant to section two hundred seventeen-a of the elder law for the following periods in the following amounts: (i) up to five million dollars for the period January first, two thou- sand four through December thirty-first, two thousand four; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be deposited by the commissioner, within amounts appropriated, and the comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue funds - other, HCRA transfer fund, long term care insurance resource center account of the state office for the aging or any future account designated for the purpose of implementing the long term care insurance education and outreach program and providing the long term care insurance resource centers with the necessary resources to carry out their operations; (ii) up to five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be deposited by the commissioner, within amounts appropriated, and the comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue funds - other, HCRA transfer fund, long term care insurance resource center account of the state office for the aging or any future account designated for the purpose of implementing the long term care insurance education and outreach program and providing the long term care insurance resource centers with the necessary resources to carry out their operations; (iii) up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (iv) up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (v) up to five million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; of such funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing and administering the long term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (vi) up to five million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long-term care insurance resource centers with the necessary resources to carry out their operations; (vii) up to four hundred eighty-eight thousand dollars for the period January first, two thousand ten through March thirty-first, two thousand ten; of such funds four hundred eighty-eight thousand dollars shall be made available to the department for the purpose of developing, imple- menting and administering the long-term care insurance education and outreach program. (rr) Funds shall be reserved and accumulated from the tobacco control and insurance initiatives pool and shall be available, including income from invested funds, for the purpose of supporting expenses related to implementation of the provisions of title III of article twenty-nine-D of this chapter, for the following periods and in the following amounts: (i) up to ten million dollars for the period January first, two thou- sand six through December thirty-first, two thousand six; (ii) up to ten million dollars for the period January first, two thou- sand seven through December thirty-first, two thousand seven; (iii) up to ten million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (iv) up to ten million dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine; (v) up to ten million dollars for the period January first, two thou- sand ten through December thirty-first, two thousand ten; and (vi) up to two million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven. (ss) Funds shall be reserved and accumulated from the tobacco control and insurance initiatives pool and used for a health care stabilization program established by the commissioner for the purposes of stabilizing critical health care providers and health care programs whose ability to continue to provide appropriate services are threatened by financial or other challenges, in the amount of up to twenty-eight million dollars for the period July first, two thousand four through June thirtieth, two thousand five. Notwithstanding the provisions of section one hundred twelve of the state finance law or any other inconsistent provision of the state finance law or any other law, funds available for distribution pursuant to this paragraph may be allocated and distributed by the commissioner, or the state comptroller as applicable without a compet- itive bid or request for proposal process. Considerations relied upon by the commissioner in determining the allocation and distribution of these funds shall include, but not be limited to, the following: (i) the importance of the provider or program in meeting critical health care needs in the community in which it operates; (ii) the provider or
program provision of care to under-served populations; (iii) the quality of the care or services the provider or program delivers; (iv) the abil- ity of the provider or program to continue to deliver an appropriate level of care or services if additional funding is made available; (v) the ability of the provider or program to access, in a timely manner, alternative sources of funding, including other sources of government funding; (vi) the ability of other providers or programs in the communi- ty to meet the community health care needs; (vii) whether the provider or program has an appropriate plan to improve its financial condition; and (viii) whether additional funding would permit the provider or program to consolidate, relocate, or close programs or services where such actions would result in greater stability and efficiency in the delivery of needed health care services or programs. (tt) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of providing grants for two long term care demonstration projects designed to test new models for the delivery of long term care services established pursuant to section twenty-eight hundred seven-x of this chapter, for the following periods and in the following amounts: (i) up to five hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (ii) up to five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) up to five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (iv) up to one million dollars for the period January first, two thou- sand seven through December thirty-first, two thousand seven; and (v) up to two hundred fifty thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (uu) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting disease management and telemedicine demonstration programs authorized pursuant to [sections] SECTION twenty-one hundred eleven [and thirty-six hundred twenty-one] of this chapter[, respective- ly,] for the following periods in the following amounts: (i) five million dollars for the period January first, two thousand four through December thirty-first, two thousand four, of which three million dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (ii) five million dollars for the period January first, two thousand five through December thirty-first, two thousand five, of which three million dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (iii) nine million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (iv) nine million five hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and one million dollars shall be available for telemedicine demonstration programs;
(v) nine million five hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (vi) seven million eight hundred thirty-three thousand three hundred thirty-three dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and three hundred thirty-three thousand three hundred thirty-three dollars shall be available for telemedicine demon- stration programs for the period January first, two thousand nine through March first, two thousand nine; (vii) one million eight hundred seventy-five thousand dollars for the period January first, two thousand ten through March thirty-first, two thousand ten shall be available for disease management demonstration programs. (ww) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the general hospital rates increases for recruitment and retention of health care workers pursuant to paragraph (e) of subdivi- sion thirty of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) sixty million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; and (ii) sixty million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six. (xx) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the general hospital rates increases for rural hospitals pursu- ant to subdivision thirty-two of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (ii) three million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six; (iii) three million five hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (iv) three million five hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; and
(v) three million two hundred eight thousand dollars for the period January first, two thousand nine through November thirtieth, two thou- sand nine. (yy) Funds shall be reserved and accumulated from year to year and shall be available, within amounts appropriated and notwithstanding section one hundred twelve of the state finance law and any other contrary provision of law, for the purpose of supporting grants not to exceed five million dollars to be made by the commissioner without a competitive bid or request for proposal process, in support of the delivery of critically needed health care services, to health care providers located in the counties of Erie and Niagara which executed a memorandum of closing and conducted a merger closing in escrow on Novem- ber twenty-fourth, nineteen hundred ninety-seven and which entered into a settlement dated December thirtieth, two thousand four for a loss on disposal of assets under the provisions of title XVIII of the federal social security act applicable to mergers occurring prior to December first, nineteen hundred ninety-seven. (zz) Funds shall be reserved and accumulated from year to year and shall be available, within amounts appropriated, for the purpose of supporting expenditures authorized pursuant to section twenty-eight hundred eighteen of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) six million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (ii) one hundred eight million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that within amounts appropriated in the two thousand six through two thousand seven state fiscal year, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to fund capital costs; (iii) one hundred seventy-one million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, provided, however, that within amounts appropriated in the two thousand six through two thousand seven state fiscal year, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to fund capital costs; (iv) one hundred seventy-one million five hundred thousand dollars for the period January first, two thousand eight through December thirty- first, two thousand eight; (v) one hundred twenty-eight million seven hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (vi) one hundred thirty-one million three hundred seventy-five thou- sand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (vii) thirty-four million two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven[.]; (VIII) FOUR HUNDRED THIRTY-THREE MILLION THREE HUNDRED SIXTY-SIX THOU- SAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE; (IX) ONE HUNDRED FIFTY MILLION EIGHT HUNDRED SIX THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN; AND
(X) SEVENTY-EIGHT MILLION SEVENTY-ONE THOUSAND DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN THROUGH MARCH THIRTY-FIRST, TWO THOU- SAND FOURTEEN. (aaa) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for services and expenses related to school based health centers, in an amount up to three million five hundred thousand dollars for the period April first, two thousand six through March thirty-first, two thousand seven, up to three million five hundred thousand dollars for the period April first, two thousand seven through March thirty-first, two thousand eight, up to three million five hundred thousand dollars for the period April first, two thousand eight through March thirty-first, two thousand nine, up to three million five hundred thousand dollars for the period April first, two thousand nine through March thirty-first, two thousand ten, [and] up to three million five hundred thousand dollars for the period April first, two thousand ten through March thirty-first, two thousand eleven, AND UP TO TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR- TY-FIRST, TWO THOUSAND FOURTEEN. The total amount of funds provided herein shall be distributed as grants based on the ratio of each provid- er's total enrollment for all sites to the total enrollment of all providers. This formula shall be applied to the total amount provided herein. (bbb) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of awarding grants to operators of adult homes, enriched housing programs and residences through the enhancing abilities and life experi- ence (EnAbLe) program to provide for the installation, operation and maintenance of air conditioning in resident rooms, consistent with this paragraph, in an amount up to two million dollars for the period April first, two thousand six through March thirty-first, two thousand seven, up to three million eight hundred thousand dollars for the period April first, two thousand seven through March thirty-first, two thousand eight, up to three million eight hundred thousand dollars for the period April first, two thousand eight through March thirty-first, two thousand nine, up to three million eight hundred thousand dollars for the period April first, two thousand nine through March thirty-first, two thousand ten, and up to three million eight hundred thousand dollars for the period April first, two thousand ten through March thirty-first, two thousand eleven. Residents shall not be charged utility cost for the use of air conditioners supplied under the EnAbLe program. All such air conditioners must be operated in occupied resident rooms consistent with requirements applicable to common areas. (ccc) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of increases in the rates for certified home health agencies, long term home health care programs, AIDS home care programs, hospice programs and managed long term care plans and approved managed long term care operating demonstrations as defined in section forty-four hundred three-f of this chapter for recruitment and retention of health care workers pursuant to subdivisions nine and ten of section thirty-six hundred fourteen of this chapter from the tobacco control and insurance
initiatives pool established for the following periods in the following amounts: (i) twenty-five million dollars for the period June first, two thou- sand six through December thirty-first, two thousand six; (ii) fifty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (iii) fifty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (iv) fifty million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (v) fifty million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; [and] (vi) twelve million five hundred thousand dollars for the period Janu- ary first, two thousand eleven through March thirty-first, two thousand eleven[.]; AND (VII) FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOU- SAND FOURTEEN. (ddd) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of increases in the medical assistance rates for providers for purposes of enhancing the provision, quality and/or efficiency of home care services pursuant to subdivision eleven of section thirty-six hundred fourteen of this chapter from the tobacco control and insurance initiatives pool established for the following period in the amount of eight million dollars for the period April first, two thousand six through December thirty-first, two thousand six. (eee) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, to the Center for Functional Genomics at the State University of New York at Albany, for the purposes of the Adirondack network for cancer education and research in rural communities grant program to improve access to health care and shall be made available from the tobacco control and insurance initiatives pool established for the following period in the amount of up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six. (fff) Funds shall be made available to the empire state stem cell fund established by section ninety-nine-p of the state finance law from the public asset as defined in section four thousand three hundred one of the insurance law and accumulated from the conversion of one or more article forty-three corporations and its or their not-for-profit subsid- iaries occurring on or after January first, two thousand seven. Such funds shall be made available within amounts appropriated up to fifty million dollars annually and shall not exceed five hundred million dollars in total. (ggg) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for hospital translation services as authorized pursuant to paragraph (k) of subdivision one of section twen- ty-eight hundred seven-c of this article from the tobacco control and
initiatives pool established for the following periods in the following amounts: (i) sixteen million dollars for the period July first, two thousand eight through December thirty-first, two thousand eight; and (ii) fourteen million seven hundred thousand dollars for the period January first, two thousand nine through November thirtieth, two thou- sand nine. (hhh) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for adjustments to inpatient rates of payment for general hospitals located in the counties of Nassau and Suffolk as authorized pursuant to paragraph (l) of subdivision one of section twenty-eight hundred seven-c of this article from the tobacco control and initiatives pool established for the following periods in the following amounts: (i) two million five hundred thousand dollars for the period April first, two thousand eight through December thirty-first, two thousand eight; and (ii) two million two hundred ninety-two thousand dollars for the peri- od January first, two thousand nine through November thirtieth, two thousand nine. S 9. Subdivision 3 of section 1680-j of the public authorities law, as amended by section 34 of part C of chapter 58 of the laws of 2009, is amended to read as follows: 3. Notwithstanding any law to the contrary, and in accordance with section four of the state finance law, the comptroller is hereby author- ized and directed to transfer from the health care reform act (HCRA) resources fund (061) to the general fund, upon the request of the direc- tor of the budget, up to $6,500,000 on or before March 31, 2006, and the comptroller is further hereby authorized and directed to transfer from the healthcare reform act (HCRA); Resources fund (061) to the Capital Projects Fund, upon the request of the director of budget, up to $139,000,000 for the period April 1, 2006 through March 31, 2007, up to $171,100,000 for the period April 1, 2007 through March 31, 2008, up to $208,100,000 for the period April 1, 2008 through March 31, 2009, up to $151,600,000 for the period April 1, 2009 through March 31, 2010, [and] up to [$238,000,000] $215,743,000 for the period April 1, 2010 through March 31, 2011, UP TO $433,366,000 FOR THE PERIOD APRIL 1, 2011 THROUGH MARCH 31, 2012, UP TO $150,806,000 FOR THE PERIOD APRIL 1, 2012 THROUGH MARCH 31, 2013, UP TO $78,071,000 FOR THE PERIOD APRIL 1, 2013 THROUGH MARCH 31, 2014, AND UP TO $86,005,000 FOR THE PERIOD APRIL 1, 2014 THROUGH MARCH 31, 2015. S 10. Paragraph (a) of subdivision 12 of section 367-b of the social services law, as amended by section 8 of part B of chapter 58 of the laws of 2008, is amended to read as follows: (a) For the purpose of regulating cash flow for general hospitals, the department shall develop and implement a payment methodology to provide for timely payments for inpatient hospital services eligible for case based payments per discharge based on diagnosis-related groups provided during the period January first, nineteen hundred eighty-eight through March thirty-first two thousand [eleven] FOURTEEN, by such hospitals which elect to participate in the system.
S 11. Section 2 of chapter 600 of the laws of 1986, amending the public health law relating to the development of pilot reimbursement programs for ambulatory care services, as amended by section 9 of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 2. This act shall take effect immediately, except that this act shall expire and be of no further force and effect on and after April 1, [2011] 2014; provided, however, that the commissioner of health shall submit a report to the governor and the legislature detailing the objec- tive, impact, design and computation of any pilot reimbursement program established pursuant to this act, on or before March 31, 1994 and annu- ally thereafter. Such report shall include an assessment of the finan- cial impact of such payment system on providers, as well as the impact of such system on access to care. S 12. Paragraph (i) of subdivision (b) of section 1 of chapter 520 of the laws of 1978, relating to providing for a comprehensive survey of health care financing, education and illness prevention and creating councils for the conduct thereof, as amended by section 11 of part B of chapter 58 of the laws of 2008, is amended to read as follows: (i) oversight and evaluation of the inpatient financing system in place for 1988 through March 31, [2011] 2014, and the appropriateness and effectiveness of the bad debt and charity care financing provisions; S 13. The opening paragraph of section 2952 of the public health law, as amended by section 21 of part B of chapter 58 of the laws of 2008, is amended to read as follows: To the extent of funds available therefor, the sum of seven million dollars shall annually be available for periods prior to January first, two thousand three, and up to six million five hundred thirty thousand dollars annually for the period January first, two thousand three through December thirty-first, two thousand four, up to seven million sixty-two thousand dollars for the period January first, two thousand five through December thirty-first, two thousand six annually, up to seven million sixty-two thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, [and] up to one million seven hundred sixty-six thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven, AND WITHIN AMOUNTS APPROPRIATED FOR EACH STATE FISCAL YEAR ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN, shall be available to the commissioner from funds made available pursuant to section twenty-eight hundred seven-l of this chapter for grants pursuant to this section. S 14. Subdivision 1 of section 2958 of the public health law, as amended by section 22 of part B of chapter 58 of the laws of 2008, is amended to read as follows: 1. To the extent of funds available therefor, the sum of ten million dollars shall annually be made available for periods prior to January first, two thousand three, and up to nine million three hundred twenty thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to nine million three hundred twenty thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to twelve million eighty-eight thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to twelve million eighty-eight thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six, up to eleven million eighty-eight thousand dollars annually for the period January first, two thousand seven through December thir-
ty-first, two thousand ten, [and] up to two million seven hundred seven- ty-two thousand dollars for the period January first, two thousand elev- en through March thirty-first, two thousand eleven, AND WITHIN AMOUNTS APPROPRIATED FOR EACH STATE FISCAL YEAR ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN, shall be available to the commissioner from funds pursuant to section twenty-eight hundred seven-l of this chapter to provide assistance to general hospitals classified as a rural hospital for purposes of determining payment for inpatient services provided to beneficiaries of title XVIII of the federal social security act (Medi- care) or under state regulations, in recognition of the unique costs incurred by these facilities to provide hospital services in remote or sparsely populated areas pursuant to subdivision two of this section. S 15. Paragraph (a) of subdivision 1 of section 18 of chapter 266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, as amended by section 23 of part B of chapter 58 of the laws of 2008, is amended to read as follows: (a) The superintendent of insurance and the commissioner of health or their designee shall, from funds available in the hospital excess liability pool created pursuant to subdivision [(5)] 5 of this section, purchase a policy or policies for excess insurance coverage, as author- ized by paragraph [(1)] 1 of subsection (e) of section 5502 of the insurance law; or from an insurer, other than an insurer described in section 5502 of the insurance law, duly authorized to write such cover- age and actually writing medical malpractice insurance in this state; or shall purchase equivalent excess coverage in a form previously approved by the superintendent of insurance for purposes of providing equivalent excess coverage in accordance with section 19 of chapter 294 of the laws of 1985, for medical or dental malpractice occurrences between July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 and June 30, 2010, [and] between July 1, 2010 and June 30, 2011, BETWEEN JULY 1, 2011 AND JUNE 30, 2012, BETWEEN JULY 1, 2012 AND JUNE 30, 2013 AND BETWEEN JULY 1, 2013 AND JUNE 30, 2014 or reimburse the hospital where the hospital purchases equivalent excess coverage as defined in subparagraph (i) of paragraph (a) of subdivision [(1-a)] 1-A of this section for medical or dental malpractice occurrences between July 1, 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 30, 2001, between July
1, 2001 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 and June 30, 2010, [and] between July 1, 2010 and June 30, 2011, BETWEEN JULY 1, 2011 AND JUNE 30, 2012, BETWEEN JULY 1, 2012 AND JUNE 30, 2013 AND BETWEEN JULY 1, 2013 AND JUNE 30, 2014 for physicians or dentists certified as eligible for each such period or periods pursuant to subdivision [(2)] 2 of this section by a general hospital licensed pursuant to article 28 of the public health law; provided that no single insurer shall write more than fifty percent of the total excess premium for a given policy year; and provided, however, that such eligible physicians or dentists must have in force an individual policy, from an insurer licensed in this state of primary malpractice insurance coverage in amounts of no less than one million three hundred thousand dollars for each claimant and three million nine hundred thousand dollars for all claimants under that poli- cy during the period of such excess coverage for such occurrences or be endorsed as additional insureds under a hospital professional liability policy which is offered through a voluntary attending physician ("chan- neling") program previously permitted by the superintendent of insurance during the period of such excess coverage for such occurrences. During such period, such policy for excess coverage or such equivalent excess coverage shall, when combined with the physician's or dentist's primary malpractice insurance coverage or coverage provided through a voluntary attending physician ("channeling") program, total an aggregate level of two million three hundred thousand dollars for each claimant and six million nine hundred thousand dollars for all claimants from all such policies with respect to occurrences in each of such years provided, however, if the cost of primary malpractice insurance coverage in excess of one million dollars, but below the excess medical malpractice insur- ance coverage provided pursuant to this act, exceeds the rate of nine percent per annum, then the required level of primary malpractice insur- ance coverage in excess of one million dollars for each claimant shall be in an amount of not less than the dollar amount of such coverage available at nine percent per annum; the required level of such coverage for all claimants under that policy shall be in an amount not less than three times the dollar amount of coverage for each claimant; and excess coverage, when combined with such primary malpractice insurance cover- age, shall increase the aggregate level for each claimant by one million dollars and three million dollars for all claimants; and provided further, that, with respect to policies of primary medical malpractice coverage that include occurrences between April 1, 2002 and June 30, 2002, such requirement that coverage be in amounts no less than one million three hundred thousand dollars for each claimant and three million nine hundred thousand dollars for all claimants for such occur- rences shall be effective April 1, 2002. S 16. Subdivision 3 of section 18 of chapter 266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, as amended by section 24 of part B of chapter 58 of the laws of 2008, is amended to read as follows: (3)(a) The superintendent of insurance shall determine and certify to each general hospital and to the commissioner of health the cost of excess malpractice insurance for medical or dental malpractice occur- rences between July 1, 1986 and June 30, 1987, between July 1, 1988 and
June 30, 1989, between July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 and June 30, 2010, [and] between July 1, 2010 and June 30, 2011, BETWEEN JULY 1, 2011 AND JUNE 30, 2012, BETWEEN JULY 1, 2012 AND JUNE 30, 2013, AND BETWEEN JULY 1, 2013 AND JUNE 30, 2014 allocable to each general hospi- tal for physicians or dentists certified as eligible for purchase of a policy for excess insurance coverage by such general hospital in accord- ance with subdivision [(2)] 2 of this section, and may amend such deter- mination and certification as necessary. (b) The superintendent of insurance shall determine and certify to each general hospital and to the commissioner of health the cost of excess malpractice insurance or equivalent excess coverage for medical or dental malpractice occurrences between July 1, 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 and June 30, 2010, [and] between July 1, 2010 and June 30, 2011, BETWEEN JULY 1, 2011 AND JUNE 30, 2012, BETWEEN JULY 1, 2012 AND JUNE 30, 2013, AND BETWEEN JULY 1, 2013 AND JUNE 30, 2014 allo- cable to each general hospital for physicians or dentists certified as eligible for purchase of a policy for excess insurance coverage or equivalent excess coverage by such general hospital in accordance with subdivision [(2)] 2 of this section, and may amend such determination and certification as necessary. The superintendent of insurance shall determine and certify to each general hospital and to the commissioner of health the ratable share of such cost allocable to the period July 1, 1987 to December 31, 1987, to the period January 1, 1988 to June 30, 1988, to the period July 1, 1988 to December 31, 1988, to the period January 1, 1989 to June 30, 1989, to the period July 1, 1989 to December 31, 1989, to the period January 1, 1990 to June 30, 1990, to the period July 1, 1990 to December 31, 1990, to the period January 1, 1991 to June 30, 1991, to the period July 1, 1991 to December 31, 1991, to the period January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December 31, 1992, to the period January 1, 1993 to June 30, 1993, to the period July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December 31, 1994, to the period January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
31, 1995, to the period January 1, 1996 to June 30, 1996, to the period July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December 31, 1997, to the period January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June 30, 1999, to the period July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December 31, 2000, to the period January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30, 2002, to the period July 1, 2002 to June 30, 2003, to the period July 1, 2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to the period July 1, 2006 and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and June 30, 2010, [and] to the period July 1, 2010 and June 30, 2011, TO THE PERIOD JULY 1, 2011 AND JUNE 30, 2012, TO THE PERIOD JULY 1, 2012 AND JUNE 30, 2013, AND TO THE PERIOD JULY 1, 2013 AND JUNE 30, 2014. S 17. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section 18 of chapter 266 of the laws of 1986, amending the civil prac- tice law and rules and other laws relating to malpractice and profes- sional medical conduct, as amended by section 25 of part B of chapter 58 of the laws of 2008, are amended to read as follows: (a) To the extent funds available to the hospital excess liability pool pursuant to subdivision [(5)] 5 of this section as amended, and pursuant to section 6 of part J of chapter 63 of the laws of 2001, as may from time to time be amended, which amended this subdivision, are insufficient to meet the costs of excess insurance coverage or equiv- alent excess coverage for coverage periods during the period July 1, 1992 to June 30, 1993, during the period July 1, 1993 to June 30, 1994, during the period July 1, 1994 to June 30, 1995, during the period July 1, 1995 to June 30, 1996, during the period July 1, 1996 to June 30, 1997, during the period July 1, 1997 to June 30, 1998, during the period July 1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30, 2000, during the period July 1, 2000 to June 30, 2001, during the period July 1, 2001 to October 29, 2001, during the period April 1, 2002 to June 30, 2002, during the period July 1, 2002 to June 30, 2003, during the period July 1, 2003 to June 30, 2004, during the period July 1, 2004 to June 30, 2005, during the period July 1, 2005 to June 30, 2006, during the period July 1, 2006 to June 30, 2007, during the period July 1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30, 2009, during the period July 1, 2009 to June 30, 2010 [and], during the period July 1, 2010 to June 30, 2011, DURING THE PERIOD JULY 1, 2011 TO JUNE 30, 2012, DURING THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, AND DURING THE PERIOD JULY 1, 2013 TO JUNE 30, 2014 allocated or reallocated in accordance with paragraph (a) of subdivision [(4-a)] 4-A of this section to rates of payment applicable to state governmental agencies, each physician or dentist for whom a policy for excess insurance cover- age or equivalent excess coverage is purchased for such period shall be responsible for payment to the provider of excess insurance coverage or equivalent excess coverage of an allocable share of such insufficiency, based on the ratio of the total cost of such coverage for such physician to the sum of the total cost of such coverage for all physicians applied to such insufficiency. (b) Each provider of excess insurance coverage or equivalent excess coverage covering the period July 1, 1992 to June 30, 1993, or covering the period July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
1996, or covering the period July 1, 1996 to June 30, 1997, or covering the period July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 2001, or covering the period July 1, 2001 to October 29, 2001, or covering the period April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or covering the peri- od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or covering the peri- od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 2011, OR COVERING THE PERIOD JULY 1, 2011 TO JUNE 30, 2012, OR COVERING THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, OR COVERING THE PERI- OD JULY 1, 2013 TO JUNE 30, 2014 shall notify a covered physician or dentist by mail, mailed to the address shown on the last application for excess insurance coverage or equivalent excess coverage, of the amount due to such provider from such physician or dentist for such coverage period determined in accordance with paragraph (a) of this subdivision. Such amount shall be due from such physician or dentist to such provider of excess insurance coverage or equivalent excess coverage in a time and manner determined by the superintendent of insurance. (c) If a physician or dentist liable for payment of a portion of the costs of excess insurance coverage or equivalent excess coverage cover- ing the period July 1, 1992 to June 30, 1993, or covering the period July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30, 1997, or covering the peri- od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 2001, or covering the peri- od July 1, 2001 to October 29, 2001, or covering the period April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or covering the period July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or covering the period July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 2011, OR COVERING THE PERIOD JULY 1, 2011 TO JUNE 30, 2012, OR COVERING THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, OR COVERING THE PERIOD JULY 1, 2013 TO JUNE 30, 2014 determined in accordance with paragraph (a) of this subdivision fails, refuses or neglects to make payment to the provider of excess insurance coverage or equivalent excess coverage in such time and manner as determined by the superintendent of insurance pursuant to paragraph (b) of this subdivision, excess insurance coverage or equivalent excess coverage purchased for such physician or dentist in accordance with this section for such coverage period shall be cancelled and shall be null and void as of the first day on or after the commence- ment of a policy period where the liability for payment pursuant to this subdivision has not been met. (d) Each provider of excess insurance coverage or equivalent excess coverage shall notify the superintendent of insurance and the commis- sioner of health or their designee of each physician and dentist eligi- ble for purchase of a policy for excess insurance coverage or equivalent excess coverage covering the period July 1, 1992 to June 30, 1993, or
covering the period July 1, 1993 to June 30, 1994, or covering the peri- od July 1, 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30, 1997, or covering the period July 1, 1997 to June 30, 1998, or covering the peri- od July 1, 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 2001, or covering the period July 1, 2001 to October 29, 2001, or covering the period April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or covering the period July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or covering the period July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 2011, OR COVERING THE PERIOD JULY 1, 2011 TO JUNE 30, 2012, OR COVERING THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, OR COVERING THE PERIOD JULY 1, 2013 TO JUNE 30, 2014 that has made payment to such provider of excess insurance coverage or equivalent excess coverage in accordance with paragraph (b) of this subdivision and of each physician and dentist who has failed, refused or neglected to make such payment. (e) A provider of excess insurance coverage or equivalent excess coverage shall refund to the hospital excess liability pool any amount allocable to the period July 1, 1992 to June 30, 1993, and to the period July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June 30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000 to June 30, 2001, and to the period July 1, 2001 to October 29, 2001, and to the period April 1, 2002 to June 30, 2002, and to the period July 1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30, 2004, and to the period July 1, 2004 to June 30, 2005, and to the period July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June 30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to June 30, 2010, and to the period July 1, 2010 to June 30, 2011, AND TO THE PERIOD JULY 1, 2011 TO JUNE 30, 2012, AND TO THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, AND TO THE PERIOD JULY 1, 2013 TO JUNE 30, 2014 received from the hospital excess liability pool for purchase of excess insurance coverage or equivalent excess coverage covering the period July 1, 1992 to June 30, 1993, and covering the period July 1, 1993 to June 30, 1994, and covering the period July 1, 1994 to June 30, 1995, and covering the period July 1, 1995 to June 30, 1996, and covering the period July 1, 1996 to June 30, 1997, and covering the period July 1, 1997 to June 30, 1998, and covering the period July 1, 1998 to June 30, 1999, and covering the period July 1, 1999 to June 30, 2000, and cover- ing the period July 1, 2000 to June 30, 2001, and covering the period July 1, 2001 to October 29, 2001, and covering the period April 1, 2002 to June 30, 2002, and covering the period July 1, 2002 to June 30, 2003, and covering the period July 1, 2003 to June 30, 2004, and covering the period July 1, 2004 to June 30, 2005, and covering the period July 1, 2005 to June 30, 2006, and covering the period July 1, 2006 to June 30, 2007, and covering the period July 1, 2007 to June 30, 2008, and cover- ing the period July 1, 2008 to June 30, 2009, and covering the period July 1, 2009 to June 30, 2010, and covering the period July 1, 2010 to June 30, 2011, AND COVERING THE PERIOD JULY 1, 2011 TO JUNE 30, 2012,
AND COVERING THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, AND COVERING THE PERIOD JULY 1, 2013 TO JUNE 30, 2014 for a physician or dentist where such excess insurance coverage or equivalent excess coverage is cancelled in accordance with paragraph (c) of this subdivision. S 18. Section 40 of chapter 266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, as amended by chapter 216 of the laws of 2009, is amended to read as follows: S 40. The superintendent of insurance shall establish rates for poli- cies providing coverage for physicians and surgeons medical malpractice for the periods commencing July 1, 1985 and ending June 30, [2011] 2014; provided, however, that notwithstanding any other provision of law, the superintendent shall not establish or approve any increase in rates for the period commencing July 1, 2009 and ending June 30, 2010. The super- intendent shall direct insurers to establish segregated accounts for premiums, payments, reserves and investment income attributable to such premium periods and shall require periodic reports by the insurers regarding claims and expenses attributable to such periods to monitor whether such accounts will be sufficient to meet incurred claims and expenses. On or after July 1, 1989, the superintendent shall impose a surcharge on premiums to satisfy a projected deficiency that is attrib- utable to the premium levels established pursuant to this section for such periods; provided, however, that such annual surcharge shall not exceed eight percent of the established rate until July 1, [2011] 2014, at which time and thereafter such surcharge shall not exceed twenty-five percent of the approved adequate rate, and that such annual surcharges shall continue for such period of time as shall be sufficient to satisfy such deficiency. The superintendent shall not impose such surcharge during the period commencing July 1, 2009 and ending June 30, 2010. On and after July 1, 1989, the surcharge prescribed by this section shall be retained by insurers to the extent that they insured physicians and surgeons during the July 1, 1985 through June 30, [2011] 2014 policy periods; in the event and to the extent physicians and surgeons were insured by another insurer during such periods, all or a pro rata share of the surcharge, as the case may be, shall be remitted to such other insurer in accordance with rules and regulations to be promulgated by the superintendent. Surcharges collected from physicians and surgeons who were not insured during such policy periods shall be apportioned among all insurers in proportion to the premium written by each insurer during such policy periods; if a physician or surgeon was insured by an insurer subject to rates established by the superintendent during such policy periods, and at any time thereafter a hospital, health mainte- nance organization, employer or institution is responsible for respond- ing in damages for liability arising out of such physician's or surgeon's practice of medicine, such responsible entity shall also remit to such prior insurer the equivalent amount that would then be collected as a surcharge if the physician or surgeon had continued to remain insured by such prior insurer. In the event any insurer that provided coverage during such policy periods is in liquidation, the property/casualty insurance security fund shall receive the portion of surcharges to which the insurer in liquidation would have been entitled. The surcharges authorized herein shall be deemed to be income earned for the purposes of section 2303 of the insurance law. The superintendent, in establishing adequate rates and in determining any projected defi- ciency pursuant to the requirements of this section and the insurance law, shall give substantial weight, determined in his discretion and
judgment, to the prospective anticipated effect of any regulations promulgated and laws enacted and the public benefit of stabilizing malpractice rates and minimizing rate level fluctuation during the peri- od of time necessary for the development of more reliable statistical experience as to the efficacy of such laws and regulations affecting medical, dental or podiatric malpractice enacted or promulgated in 1985, 1986, by this act and at any other time. Notwithstanding any provision of the insurance law, rates already established and to be established by the superintendent pursuant to this section are deemed adequate if such rates would be adequate when taken together with the maximum authorized annual surcharges to be imposed for a reasonable period of time whether or not any such annual surcharge has been actually imposed as of the establishment of such rates. S 19. Subsection (c) of section 2343 of the insurance law, as amended by section 27 of part B of chapter 58 of the laws of 2008, is amended to read as follows: (c) Notwithstanding any other provision of this chapter, no applica- tion for an order of rehabilitation or liquidation of a domestic insurer whose primary liability arises from the business of medical malpractice insurance, as that term is defined in subsection (b) of section five thousand five hundred one of this chapter, shall be made on the grounds specified in subsection (a) or (c) of section seven thousand four hundred two of this chapter at any time prior to June thirtieth, two thousand [eleven] FOURTEEN. S 20. Section 5 and subdivisions (a) and (e) of section 6 of part J of chapter 63 of the laws of 2001, amending chapter 20 of the laws of 2001 amending the military law and other laws relating to making appropri- ations for the support of government, as amended by section 28 of part B of chapter 58 of the laws of 2008, are amended to read as follows: S 5. The superintendent of insurance and the commissioner of health shall determine, no later than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010, [and] June 15, 2011, JUNE 15, 2012, JUNE 15, 2013, AND JUNE 15, 2014, the amount of funds available in the hospital excess liability pool, created pursuant to section 18 of chapter 266 of the laws of 1986, and whether such funds are sufficient for purposes of purchasing excess insurance coverage for eligible participating physi- cians and dentists during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, OR JULY 1, 2011 TO JUNE 30, 2012, OR JULY 1, 2012 TO JUNE 30, 2013, OR JULY 1, 2013 TO JUNE 30, 2014, as applicable. (a) This section shall be effective only upon a determination, pursu- ant to section five of this act, by the superintendent of insurance and the commissioner of health, and a certification of such determination to the state director of the budget, the chair of the senate committee on finance and the chair of the assembly committee on ways and means, that the amount of funds in the hospital excess liability pool, created pursuant to section 18 of chapter 266 of the laws of 1986, is insuffi- cient for purposes of purchasing excess insurance coverage for eligible participating physicians and dentists during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 to June 30,
2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, OR JULY 1, 2011 TO JUNE 30, 2012, OR JULY 1, 2012 TO JUNE 30, 2013, OR JULY 1, 2013 TO JUNE 30, 2014, as applicable. (e) The commissioner of health shall transfer for deposit to the hospital excess liability pool created pursuant to section 18 of chapter 266 of the laws of 1986 such amounts as directed by the superintendent of insurance for the purchase of excess liability insurance coverage for eligible participating physicians and dentists for the policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, as applicable, and the cost of administering the hospital excess liability pool for such applicable policy year, pursuant to the program established in chapter 266 of the laws of 1986, as amended, no later than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010, [and] June 15, 2011, JUNE 15, 2012, JUNE 15, 2013, AND JUNE 15, 2014, as applicable. S 21. Section 18 of chapter 904 of the laws of 1984, amending the public health law and the social services law relating to encouraging comprehensive health services, as amended by section 64 of part C of chapter 58 of the laws of 2008, is amended to read as follows: S 18. This act shall take effect immediately, except that sections six, nine, ten and eleven of this act shall take effect on the sixtieth day after it shall have become a law, sections two, three, four and nine of this act shall expire and be of no further force or effect on or after March 31, [2012] 2014, section two of this act shall take effect on April 1, 1985 or seventy-five days following the submission of the report required by section one of this act, whichever is later, and sections eleven and thirteen of this act shall expire and be of no further force or effect on or after March 31, 1988. S 22. Paragraphs (i) and (j) of subdivision 1 of section 367-q of the social services law, as added by section 22-d of part B of chapter 58 of the laws of 2008, are amended and three new paragraphs (k), (l) and (m) are added to read as follows: (i) for the period April first, two thousand nine through March thir- ty-first, two thousand ten, twenty-eight million five hundred thousand dollars; [and] (j) for the period April first, two thousand ten through March thir- ty-first, two thousand eleven, twenty-eight million five hundred thou- sand dollars[.]; (K) FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE, TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS; (L) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS; AND (M) FOR THE PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS. S 23. Paragraph (f) of subdivision 9 of section 3614 of the public health law, as added by section 22-e of part B of chapter 58 of the laws of 2008, is amended and three new paragraphs (g), (h) and (i) are added to read as follows: (f) for the period April first, two thousand ten through March thir- ty-first, two thousand eleven, up to one hundred million dollars[.];
(G) FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE, UP TO ONE HUNDRED MILLION DOLLARS; (H) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND THIRTEEN, UP TO ONE HUNDRED MILLION DOLLARS; (I) FOR THE PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, UP TO ONE HUNDRED MILLION DOLLARS. S 24. Paragraph (a) of subdivision 10 of section 3614 of the public health law, as amended by section 5 of part C of chapter 109 of the laws of 2006, is amended to read as follows: (a) Such adjustments to rates of payments shall be allocated propor- tionally based on each certified home health agency's, long term home health care program, AIDS home care and hospice program's home health aide or other direct care services total annual hours of service provided to medicaid patients, as reported in each such agency's most [recent] RECENTLY AVAILABLE cost report as submitted to the department [prior to November first, two thousand five] or for the purpose of the managed long term care program a suitable proxy developed by the depart- ment in consultation with the interested parties. Payments made pursuant to this section shall not be subject to subsequent adjustment or recon- ciliation. S 25. Section 4 of chapter 495 of the laws of 2004, amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, as amended by section 29 of part B of chapter 58 of the laws of 2008, is amended to read as follows: S 4. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that this act shall remain in effect until July 1, [2011] 2014 when upon such date the provisions of this act shall expire and be deemed repealed; provided, further, that a displaced worker shall be eligible for continuation assistance retroac- tive to July 1, 2004. S 26. The opening paragraph of paragraph (b) and paragraphs (c), (d), (e), (f) and (g) of subdivision 5-a of section 2807-m of the public health law, the opening paragraph of paragraph (b) as amended by section 4 of part B of chapter 109 of the laws of 2010, paragraphs (c), (f) and (g) and the opening paragraphs of paragraphs (d) and (e) as amended by section 98 of part C of chapter 58 of the laws of 2009 and paragraphs (d) and (e) as added by section 75-c of part C of chapter 58 of the laws of 2008, are amended to read as follows: Nine million one hundred twenty thousand dollars annually for the period January first, two thousand nine through December thirty-first, two thousand ten, and two million two hundred eighty thousand dollars for the period January first, two thousand eleven, AND NINE MILLION ONE HUNDRED TWENTY THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOU- SAND FOURTEEN, through March thirty-first, two thousand eleven, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section to be allocated regionally with two-thirds of the available funding going to New York city and one-third of the available funding going to the rest of the state and shall be available for distribution as follows: (c) Ambulatory care training. Four million nine hundred thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight, four million nine hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, four million nine hundred thousand
dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, [and] one million two hundred twenty- five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, AND FOUR MILLION THREE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for distributions to sponsoring institutions to be directed to support clinical training of medical students and resi- dents in free-standing ambulatory care settings, including community health centers and private practices. Such funding shall be allocated regionally with two-thirds of the available funding going to New York city and one-third of the available funding going to the rest of the state and shall be distributed to sponsoring institutions in each region pursuant to a request for application or request for proposal process with preference being given to sponsoring institutions which provide training in sites located in underserved rural or inner-city areas and those that include medical students in such training. (d) Physician loan repayment program. One million nine hundred sixty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, one million nine hundred sixty thousand dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine, one million nine hundred sixty thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, [and] four hundred ninety thousand dollars for the period January first, two thou- sand eleven through March thirty-first, two thousand eleven, AND ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for purposes of physician loan repayment in accordance with subdivision ten of this section. Such funding shall be allocated regionally with one-third of available funds going to New York city and two-thirds of available funds going to the rest of the state and shall be distributed in a manner to be determined by the commissioner as follows: (i) Funding shall first be awarded to repay loans of up to twenty-five physicians who train in primary care or specialty tracks in teaching general hospitals, and who enter and remain in primary care or specialty practices in underserved communities, as determined by the commissioner. (ii) After distributions in accordance with subparagraph (i) of this paragraph, all remaining funds shall be awarded to repay loans of physi- cians who enter and remain in primary care or specialty practices in underserved communities, as determined by the commissioner, including but not limited to physicians working in general hospitals, or other health care facilities. (iii) In no case shall less than fifty percent of the funds available pursuant to this paragraph be distributed in accordance with subpara- graphs (i) and (ii) of this paragraph to physicians identified by gener- al hospitals. (e) Physician practice support. Four million nine hundred thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight, four million nine hundred thousand dollars annually for the period January first, two thousand nine through
December thirty-first, two thousand ten, [and] one million two hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, AND FOUR MILLION THREE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOU- SAND FOURTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for purposes of physician practice support. Such funding shall be allocated regionally with one-third of available funds going to New York city and two-thirds of available funds going to the rest of the state and shall be distributed in a manner to be determined by the commissioner as follows: (i) Preference in funding shall first be accorded to teaching general hospitals for up to twenty-five awards, to support costs incurred by physicians trained in primary or specialty tracks who thereafter estab- lish or join practices in underserved communities, as determined by the commissioner. (ii) After distributions in accordance with subparagraph (i) of this paragraph, all remaining funds shall be awarded to physicians to support the cost of establishing or joining practices in underserved communi- ties, as determined by the commissioner, and to hospitals and other health care providers to recruit new physicians to provide services in underserved communities, as determined by the commissioner. (iii) In no case shall less than fifty percent of the funds available pursuant to this paragraph be distributed to general hospitals in accordance with subparagraphs (i) and (ii) of this paragraph. (f) Study on physician workforce. Five hundred ninety thousand dollars annually for the period January first, two thousand eight through Decem- ber thirty-first, two thousand ten, [and] one hundred forty-eight thou- sand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, AND FIVE HUNDRED SIXTEEN THOU- SAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available to fund a study of physician workforce needs and solutions including, but not limited to, an analysis of residency programs and projected physician workforce and community needs. The commissioner shall enter into agreements with one or more organizations to conduct such study based on a request for proposal process. (g) Diversity in medicine/post-baccalaureate program. Notwithstanding any inconsistent provision of section one hundred twelve or one hundred sixty-three of the state finance law or any other law, one million nine hundred sixty thousand dollars annually for the period January first, two thousand eight through December thirty-first, two thousand ten, [and] four hundred ninety thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, AND ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, shall be set aside and reserved by the commis- sioner from the regional pools established pursuant to subdivision two of this section and shall be available for distributions to the Associ- ated Medical Schools of New York to fund its diversity program including existing and new post-baccalaureate programs for minority and econom- ically disadvantaged students and encourage participation from all medical schools in New York. The associated medical schools of New York
shall report to the commissioner on an annual basis regarding the use of funds for such purpose in such form and manner as specified by the commissioner. S 26-a. Subdivision 7 of section 2807-m of the public health law, as amended by section 99 of part C of chapter 58 of the laws of 2009, is amended to read as follows: 7. Notwithstanding any inconsistent provision of section one hundred twelve or one hundred sixty-three of the state finance law or any other law, up to one million dollars for the period January first, two thou- sand through December thirty-first, two thousand, one million six hundred thousand dollars annually for the periods January first, two thousand one through December thirty-first, two thousand eight, one million five hundred thousand dollars annually for the periods January first, two thousand nine through December thirty-first, two thousand ten, [and] three hundred seventy-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, AND ONE MILLION THREE HUNDRED TWENTY THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for distributions to the New York state area health education center program for the purpose of expanding community-based training of medical students. In addition, one million dollars annually for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand ten, [and] two hundred fifty thousand dollars for the period Janu- ary first, two thousand eleven through March thirty-first, two thousand eleven, AND EIGHT HUNDRED EIGHTY THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdi- vision two of this section and shall be available for distributions to the New York state area health education center program for the purpose of post-secondary training of health care professionals who will achieve specific program outcomes within the New York state area health educa- tion center program. The New York state area health education center program shall report to the commissioner on an annual basis regarding the use of funds for each purpose in such form and manner as specified by the commissioner. S 27. Subdivision 4-c of section 2807-p of the public health law, as amended by section 13-c of Part C of chapter 58 of the laws of 2009, is amended to read as follows: 4-c. Notwithstanding any provision of law to the contrary, the commis- sioner shall make additional payments for uncompensated care to volun- tary non-profit diagnostic and treatment centers that are eligible for distributions under subdivision four of this section in the following amounts: for the period June first, two thousand six through December thirty-first, two thousand six, in the amount of seven million five hundred thousand dollars, for the period January first, two thousand seven through December thirty-first, two thousand seven, seven million five hundred thousand dollars, for the period January first, two thou- sand eight through December thirty-first, two thousand eight, seven million five hundred thousand dollars, for the period January first, two thousand nine through December thirty-first, two thousand nine, fifteen million five hundred thousand dollars, for the period January first, two thousand ten through December thirty-first, two thousand ten, seven
million five hundred thousand dollars, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND ELEVEN THOUGH DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWELVE THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND THIRTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, and for the peri- od January first, two thousand [eleven] FOURTEEN through March thirty- first, two thousand [eleven] FOURTEEN, in the amount of one million eight hundred seventy-five thousand dollars, provided, however, that for periods on and after January first, two thousand eight, such additional payments shall be distributed to voluntary, non-profit diagnostic and treatment centers and to public diagnostic and treatment centers in accordance with paragraph (g) of subdivision four of this section. In the event that federal financial participation is available for rate adjustments pursuant to this section, the commissioner shall make such payments as additional adjustments to rates of payment for voluntary non-profit diagnostic and treatment centers that are eligible for distributions under subdivision four-a of this section in the following amounts: for the period June first, two thousand six through December thirty-first, two thousand six, fifteen million dollars in the aggre- gate, and for the period January first, two thousand seven through June thirtieth, two thousand seven, seven million five hundred thousand dollars in the aggregate. The amounts allocated pursuant to this para- graph shall be aggregated with and distributed pursuant to the same methodology applicable to the amounts allocated to such diagnostic and treatment centers for such periods pursuant to subdivision four of this section if federal financial participation is not available, or pursuant to subdivision four-a of this section if federal financial participation is available. Notwithstanding section three hundred sixty-eight-a of the social services law, there shall be no local share in a medical assistance payment adjustment under this subdivision. S 28. Subdivision 3 and paragraph (a) of subdivision 4 of section 2807-k of the public health law, as amended by section 15 of part C of chapter 58 of the laws of 2010, are amended to read as follows: 3. Each major public general hospital shall be allocated for distrib- ution from the pools established pursuant to this section for each year through December thirty-first, two thousand [eleven] FOURTEEN, an amount equal to the amount allocated to such major public general hospital from the regional pool established pursuant to subdivision seventeen of section twenty-eight hundred seven-c of this article for the period January first, nineteen hundred ninety-six through December thirty- first, nineteen hundred ninety-six, provided, however, that payments on and after January first, two thousand nine shall be subject to the provisions of subdivision five-a of this section. (a) From funds in the pool for each year, thirty-six million dollars shall be reserved on an annual basis through December thirty-first, two thousand [eleven] FOURTEEN, for distribution as high need adjustments in accordance with subdivision six of this section, provided, however, that payments on and after January first, two thousand nine shall be subject to the provisions of subdivision five-a of this section. S 29. The opening paragraph, paragraph (a) of subdivision 1 and subdi- vision 2 of section 2807-w of the public health law, as amended by section 14 of part C of chapter 58 of the laws of 2010, are amended to read as follows:
Funds allocated pursuant to paragraph (p) of subdivision one of section twenty-eight hundred seven-v of this article, shall be deposited as authorized and used for the purpose of making medicaid dispropor- tionate share payments of up to eighty-two million dollars on an annual- ized basis pursuant to subdivision twenty-one of section twenty-eight hundred seven-c of this article, for the period January first, two thou- sand through March thirty-first, two thousand [eleven] FOURTEEN, in accordance with the following: (a) Each eligible rural hospital shall receive one hundred forty thou- sand dollars on an annualized basis for the periods January first, two thousand through December thirty-first, two thousand [eleven] FOURTEEN, provided as a disproportionate share payment; provided, however, that if such payment pursuant to this paragraph exceeds a hospital's applicable disproportionate share limit, then the total amount in excess of such limit shall be provided as a nondisproportionate share payment in the form of a grant directly from this pool without allocation to the special revenue funds - other, indigent care fund - 068, or any succes- sor fund or account, and provided further that payments for periods on and after January first, two thousand nine shall be subject to the provisions of subdivision five-a of section twenty-eight hundred seven-k of this article; 2. From the funds in the pool each year, thirty-six million dollars on an annualized basis for the periods January first, two thousand through December thirty-first, two thousand [eleven] FOURTEEN, of the funds not distributed in accordance with subdivision one of this section, shall be distributed in accordance with the formula set forth in subdivision six of section twenty-eight hundred seven-k of this article, provided, however, that payments for periods on and after January first, two thou- sand nine shall be subject to the provisions of subdivision five-a of section twenty-eight hundred seven-k of this article. S 30. Subparagraph (v) of paragraph (a) of subdivision 3 of section 2807-j of the public health law, as added by chapter 639 of the laws of 1996, is amended to read as follows: (v) revenue received from physician practice or faculty practice plan discrete billings for [private practicing] physician services; S 31. Clause (D) of subparagraph (ii) of paragraph (b) of subdivision 3 of section 2807-j of the public health law, as added by chapter 639 of the laws of 1996, is amended to read as follows: (D) revenue received from physician practice or faculty practice plan discrete billings for [private practicing] physician services; S 32. Notwithstanding any inconsistent provision of law, rule or regu- lation, for purposes of implementing the provisions of the public health law and the social services law, references to titles XIX and XXI of the federal social security act in the public health law and the social services law shall be deemed to include and also to mean any successor titles thereto under the federal social security act. S 33. Notwithstanding any inconsistent provision of law, rule or regu- lation, the effectiveness of the provisions of sections 2807 and 3614 of the public health law, section 18 of chapter 2 of the laws of 1988, and 18 NYCRR 505.14(h), as they relate to time frames for notice, approval or certification of rates of payment, are hereby suspended and without force or effect for purposes of implementing the provisions of this act. S 34. Severability clause. If any clause, sentence, paragraph, subdi- vision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judge- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 35. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011, provided that: (a) any rules or regulations necessary to implement the provisions of this act may be promulgated and any procedures, forms, or instructions necessary for such implementation may be adopted and issued on or after the date this act shall have become a law; (b) this act shall not be construed to alter, change, affect, impair or defeat any rights, obligations, duties or interests accrued, incurred or conferred prior to the effective date of this act; (c) the commissioner of health and the superintendent of insurance and any appropriate council may take any steps necessary to implement this act prior to its effective date; (d) notwithstanding any inconsistent provision of the state adminis- trative procedure act or any other provision of law, rule or regulation, the commissioner of health and the superintendent of insurance and any appropriate council is authorized to adopt or amend or promulgate on an emergency basis any regulation he or she or such council determines necessary to implement any provision of this act on its effective date; (e) the provisions of this act shall become effective notwithstanding the failure of the commissioner of health or the superintendent of insurance or any council to adopt or amend or promulgate regulations implementing this act; (f) the amendments to sections 2807-j and 2807-s of the public health law made by sections three, five, five-a, five-b, six, thirty and thir- ty-one, respectively, of this act shall not affect the expiration of such sections and shall expire therewith; and (g) the amendments to paragraph (i-l) of subdivision 1 of section 2807-v of the public health law made by section eight of this act shall not affect the repeal of such paragraph and shall be deemed repealed therewith. PART D Section 1. Paragraph (e-1) of subdivision 12 of section 2808 of the public health law, as separately amended by section 11 of part B and section 21 of part D of chapter 58 of the laws of 2009, is amended to read as follows: (e-1) Notwithstanding any inconsistent provision of law or regulation, the commissioner shall provide, in addition to payments established pursuant to this article prior to application of this section, addi- tional payments under the medical assistance program pursuant to title eleven of article five of the social services law for non-state operated public residential health care facilities, including public residential health care facilities located in the county of Nassau, the county of Westchester and the county of Erie, but excluding public residential health care facilities operated by a town or city within a county, in aggregate annual amounts of up to one hundred fifty million dollars in additional payments for the state fiscal year beginning April first, two thousand six and for the state fiscal year beginning April first, two thousand seven and for the state fiscal year beginning April first, two
thousand eight and of up to three hundred million dollars in such aggre- gate annual additional payments for the state fiscal year beginning April first, two thousand nine, and for the state fiscal year beginning April first, two thousand ten and for the state fiscal year beginning April first, two thousand eleven, AND EACH STATE FISCAL YEAR THEREAFTER. The amount allocated to each eligible public residential health care facility for this period shall be computed in accordance with the provisions of paragraph (f) of this subdivision, provided, however, that patient days shall be utilized for such computation reflecting actual reported data for two thousand three and each representative succeeding year as applicable. S 2. Paragraph (a) of subdivision 1 of section 212 of chapter 474 of the laws of 1996, amending the education law and other laws relating to rates for residential healthcare facilities, as amended by section 2 of part B of chapter 58 of the laws of 2010, is amended to read as follows: (a) Notwithstanding any inconsistent provision of law or regulation to the contrary, effective beginning August 1, 1996, for the period April 1, 1997 through March 31, 1998, April 1, 1998 for the period April 1, 1998 through March 31, 1999, August 1, 1999, for the period April 1, 1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000 through March 31, 2001, April 1, 2001, for the period April 1, 2001 through March 31, 2002, April 1, 2002, for the period April 1, 2002 through March 31, 2003, and for the state fiscal year beginning April 1, 2005 through March 31, 2006, and for the state fiscal year beginning April 1, 2006 through March 31, 2007, and for the state fiscal year beginning April 1, 2007 through March 31, 2008, and for the state fiscal year beginning April 1, 2008 through March 31, 2009, and for the state fiscal year beginning April 1, 2009 through March 31, 2010, and for the state fiscal year beginning April 1, 2010 through March 31, 2011, AND FOR EACH STATE FISCAL YEAR THEREAFTER, the department of health is authorized to pay public general hospitals, as defined in subdivision 10 of section 2801 of the public health law, operated by the state of New York or by the state university of New York or by a county, which shall not include a city with a population of over one million, of the state of New York, and those public general hospitals located in the county of Westchester, the county of Erie or the county of Nassau, additional payments for inpatient hospital services as medical assistance payments pursuant to title 11 of article 5 of the social services law for patients eligible for federal financial participation under title XIX of the federal social security act in medical assistance pursuant to the federal laws and regulations governing disproportionate share payments to hospitals up to one hundred percent of each such public general hospital's medical assistance and uninsured patient losses after all other medical assistance, including disproportionate share payments to such public general hospital for 1996, 1997, 1998, and 1999, based initially for 1996 on reported 1994 reconciled data as further recon- ciled to actual reported 1996 reconciled data, and for 1997 based initially on reported 1995 reconciled data as further reconciled to actual reported 1997 reconciled data, for 1998 based initially on reported 1995 reconciled data as further reconciled to actual reported 1998 reconciled data, for 1999 based initially on reported 1995 recon- ciled data as further reconciled to actual reported 1999 reconciled data, for 2000 based initially on reported 1995 reconciled data as further reconciled to actual reported 2000 data, for 2001 based initial- ly on reported 1995 reconciled data as further reconciled to actual reported 2001 data, for 2002 based initially on reported 2000 reconciled
data as further reconciled to actual reported 2002 data, and for state fiscal years beginning on April 1, 2005, based initially on reported 2000 reconciled data as further reconciled to actual reported data for 2005, and for state fiscal years beginning on April 1, 2006, based initially on reported 2000 reconciled data as further reconciled to actual reported data for 2006, for state fiscal years beginning on and after April 1, 2007 through March 31, 2009, based initially on reported 2000 reconciled data as further reconciled to actual reported data for 2007 and 2008, respectively, for state fiscal years beginning on and after April 1, 2009, based initially on reported 2007 reconciled data, adjusted for authorized Medicaid rate changes applicable to the state fiscal year, and as further reconciled to actual reported data for 2009, for state fiscal years beginning on and after April 1, 2010, based initially on reported reconciled data from the base year two years prior to the payment year, adjusted for authorized Medicaid rate changes applicable to the state fiscal year, and further reconciled to actual reported data from such payment year, and to actual reported data for each respective succeeding year. The payments may be added to rates of payment or made as aggregate payments to an eligible public general hospital. S 3. Section 11 of chapter 884 of the laws of 1990, amending the public health law relating to authorizing bad debt and charity care allowances for certified home health agencies, as amended by section 14 of part B of chapter 58 of the laws of 2009, is amended to read as follows: S 11. This act shall take effect immediately and: (a) sections one and three shall expire on December 31, 1996, (b) sections four through ten shall expire on June 30, [2011] 2013, and (c) provided that the amendment to section 2807-b of the public health law by section two of this act shall not affect the expiration of such section 2807-b as otherwise provided by law and shall be deemed to expire therewith. S 4. Subdivision 2 of section 246 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 15 of part B of chapter 58 of the laws of 2009, is amended to read as follows: 2. Sections five, seven through nine, twelve through fourteen, and eighteen of this act shall be deemed to have been in full force and effect on and after April 1, 1995 through March 31, 1999 and on and after July 1, 1999 through March 31, 2000 and on and after April 1, 2000 through March 31, 2003 and on and after April 1, 2003 through March 31, 2006 and on and after April 1, 2006 through March 31, 2007 and on and after April 1, 2007 through March 31, 2009 and on and after April 1, 2009 through March 31, 2011 AND SECTIONS TWELVE, THIRTEEN AND FOURTEEN OF THIS ACT SHALL BE DEEMED TO BE IN FULL FORCE AND EFFECT ON AND AFTER APRIL 1, 2011; S 5. Intentionally omitted. S 6. Intentionally omitted. S 7. Paragraphs (a) and (e) of subdivision 8 of section 2807-c of the public health law, paragraph (a) as amended by chapter 731 of the laws of 1993 and paragraph (e) as added by chapter 81 of the laws of 1995, are amended to read as follows: (a) Capital related inpatient expenses including but not limited to straight line depreciation on buildings and non-movable equipment, accelerated depreciation on major movable equipment if requested by the
hospital, rentals and interest on capital debt (or for hospitals financed pursuant to article twenty-eight-B of this chapter, such expenses, including amortization in lieu of depreciation, as determined pursuant to the reimbursement regulations promulgated pursuant to such article and article twenty-eight of this chapter), [and excluding costs related to services provided to beneficiaries of title XVIII of the federal social security act (medicare),] shall be included in rates of payment determined pursuant to this section based on a budget for capi- tal related inpatient expenses and subsequently reconciled to actual expenses and statistics through appropriate audit procedures. General hospitals shall submit to the commissioner, at least one hundred twenty days prior to the commencement of each year, a schedule of capital related inpatient expenses for the forthcoming year. Any capital expend- iture which requires or required approval pursuant to this article must have received such approval for any capital related expense generated by such capital expenditure to be included in rates of payment. The basis for determining capital related inpatient expenses shall be the lesser of actual cost or the final amount specifically approved for the construction of the capital asset. The submitted budget may include the capital related inpatient expenses for all existing capital assets as well as estimates of capital related inpatient expenses for capital assets to be acquired or placed in use prior to the commencement of the rate year or during the rate year provided all required approvals have been obtained. The council shall adopt, with the approval of the commissioner, regu- lations to: (i) identify by type the eligible capital related inpatient expenses; (ii) safeguard the future financial viability of voluntary, non-profit general hospitals by requiring funding of inpatient depreciation on building and fixed and movable equipment; (iii) provide authorization to adjust inpatient rates by advancing payment of depreciation as needed, in instances of capital debt related financial distress of voluntary, non-profit general hospitals; and (iv) provide a methodology for the reimbursement treatment of sales. (e) Notwithstanding any inconsistent provision of this subdivision, commencing April first, nineteen hundred ninety-five, when a factor for reconciliation of budgeted capital related inpatient expenses to actual capital related inpatient expenses [excluding costs related to services provided to beneficiaries of title XVIII of the federal social security act (medicare)] for a prior year is included in the capital related inpatient expenses component of rates of payment, such capital related inpatient expenses component of rates of payment shall be reduced by the commissioner by the difference between the reconciled capital related inpatient expenses included in rates of payment determined in accordance with paragraphs (a), (b) and (c) of this subdivision for such prior year and capital related inpatient expenses for such prior year calculated [based on a determination of costs related to services provided to bene- ficiaries of title XVIII of the federal social security act (medicare)] based on the hospital's average capital related inpatient expenses computed on a per diem basis. S 8. Paragraph (d) of subdivision 8 of section 2807-c of the public health law is REPEALED. S 9. Section 194 of chapter 474 of the laws of 1996, amending the education law and other laws relating to rates for residential health care facilities, as amended by section 24 of part B of chapter 58 of the laws of 2009, is amended to read as follows:
S 194. 1. Notwithstanding any inconsistent provision of law or regu- lation, the trend factors used to project reimbursable operating costs to the rate period for purposes of determining rates of payment pursuant to article 28 of the public health law for residential health care facilities for reimbursement of inpatient services provided to patients eligible for payments made by state governmental agencies on and after April 1, 1996 through March 31, 1999 and for payments made on and after July 1, 1999 through March 31, 2000 and on and after April 1, 2000 through March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and on and after April 1, 2007 through March 31, 2009 and on and after April 1, 2009 through March 31, 2011 AND ON AND AFTER APRIL 1, 2011 shall reflect no trend factor projections or adjustments for the period April 1, 1996, through March 31, 1997. 2. The commissioner of health shall adjust such rates of payment to reflect the exclusion pursuant to this section of such specified trend factor projections or adjustments. S 10. Subdivision 1 of section 89-a of part C of chapter 58 of the laws of 2007, amending the social services law and other laws relating to enacting the major components of legislation necessary to implement the health and mental hygiene budget for the 2007-2008 state fiscal year, as amended by section 25 of part B of chapter 58 of the laws of 2009, is amended to read as follows: 1. Notwithstanding paragraph (c) of subdivision 10 of section 2807-c of the public health law and section 21 of chapter 1 of the laws of 1999, as amended, and any other inconsistent provision of law or regu- lation to the contrary, in determining rates of payments by state governmental agencies effective for services provided beginning April 1, 2006, through March 31, 2009, and on and after April 1, 2009 through March 31, 2011, AND ON AND AFTER APRIL 1, 2011 for inpatient and outpa- tient services provided by general hospitals and for inpatient services and outpatient adult day health care services provided by residential health care facilities pursuant to article 28 of the public health law, the commissioner of health shall apply a trend factor projection of two and twenty-five hundredths percent attributable to the period January 1, 2006 through December 31, 2006, and on and after January 1, 2007, provided, however, that on reconciliation of such trend factor for the period January 1, 2006 through December 31, 2006 pursuant to paragraph (c) of subdivision 10 of section 2807-c of the public health law, such trend factor shall be the final US Consumer Price Index (CPI) for all urban consumers, as published by the US Department of Labor, Bureau of Labor Statistics less twenty-five hundredths of a percentage point. S 11. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 26 of part B of chapter 58 of the laws of 2009, is amended to read as follows: (f) Prior to February 1, 2001, February 1, 2002, February 1, 2003, February 1, 2004, February 1, 2005, February 1, 2006, February 1, 2007, February 1, 2008, February 1, 2009, February 1, 2010, [and] February 1, 2011, FEBRUARY 1, 2012, AND FEBRUARY 1, 2013 the commissioner of health shall calculate the result of the statewide total of residential health care facility days of care provided to beneficiaries of title XVIII of the federal social security act (medicare), divided by the sum of such days of care plus days of care provided to residents eligible for payments pursuant to title 11 of article 5 of the social services law minus the number of days provided to residents receiving hospice care, expressed as a percentage, for the period commencing January 1, through
November 30, of the prior year respectively, based on such data for such period. This value shall be called the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide target percentage respectively. S 12. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 64 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 27 of part B of chapter 58 of the laws of 2009, is amended to read as follows: (ii) If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide target percentages are not for each year at least three percentage points high- er than the statewide base percentage, the commissioner of health shall determine the percentage by which the statewide target percentage for each year is not at least three percentage points higher than the state- wide base percentage. The percentage calculated pursuant to this para- graph shall be called the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide reduction percentage respectively. If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide target percentage for the respective year is at least three percentage points higher than the statewide base percentage, the statewide reduction percentage for the respective year shall be zero. S 13. Subparagraph (iii) of paragraph (b) of subdivision 4 of section 64 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 28 of part B of chapter 58 of the laws of 2009, is amended to read as follows: (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide reduction percentage shall be multiplied by one hundred two million dollars respectively to determine the 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide aggregate reduction amount. If the 1998 and the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide reduction percentage shall be zero respectively, there shall be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 reduction amount. S 14. Paragraph (b) of subdivision 5 of section 64 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 29 of part B of chapter 58 of the laws of 2009, is amended to read as follows: (b) The 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide aggregate reduction amounts shall for each year be allocated by the commissioner of health among residential health care facilities that are eligible to provide services to beneficiaries of title XVIII of the federal social security act (medicare) and residents eligible for payments pursuant to title 11 of article 5 of the social services law on the basis of the extent of each facility's failure to achieve a two percentage points increase in the 1996 target percentage, a three percentage point increase in the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 target percentage and a two and one-quarter percentage point increase in the 1999 target percentage for each year, compared to the base percent- age, calculated on a facility specific basis for this purpose, compared
to the statewide total of the extent of each facility's failure to achieve a two percentage points increase in the 1996 and a three percentage point increase in the 1997 and a three percentage point increase in the 1998 and a two and one-quarter percentage point increase in the 1999 target percentage and a three percentage point increase in the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 target percentage compared to the base percentage. These amounts shall be called the 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 facility specific reduction amounts respectively. S 14-a. Section 228 of chapter 474 of the laws of 1996, amending the education law and other laws relating to rates for residential health care facilities, as amended by section 30 of part B of chapter 58 of the laws of 2009, is amended to read as follows: S 228. 1. Definitions. (a) Regions, for purposes of this section, shall mean a downstate region to consist of Kings, New York, Richmond, Queens, Bronx, Nassau and Suffolk counties and an upstate region to consist of all other New York state counties. A certified home health agency or long term home health care program shall be located in the same county utilized by the commissioner of health for the establishment of rates pursuant to article 36 of the public health law. (b) Certified home health agency (CHHA) shall mean such term as defined in section 3602 of the public health law. (c) Long term home health care program (LTHHCP) shall mean such term as defined in subdivision 8 of section 3602 of the public health law. (d) Regional group shall mean all those CHHAs and LTHHCPs, respective- ly, located within a region. (e) Medicaid revenue percentage, for purposes of this section, shall mean CHHA and LTHHCP revenues attributable to services provided to persons eligible for payments pursuant to title 11 of article 5 of the social services law divided by such revenues plus CHHA and LTHHCP reven- ues attributable to services provided to beneficiaries of Title XVIII of the federal social security act (medicare). (f) Base period, for purposes of this section, shall mean calendar year 1995. (g) Target period. For purposes of this section, the 1996 target peri- od shall mean August 1, 1996 through March 31, 1997, the 1997 target period shall mean January 1, 1997 through November 30, 1997, the 1998 target period shall mean January 1, 1998 through November 30, 1998, the 1999 target period shall mean January 1, 1999 through November 30, 1999, the 2000 target period shall mean January 1, 2000 through November 30, 2000, the 2001 target period shall mean January 1, 2001 through November 30, 2001, the 2002 target period shall mean January 1, 2002 through November 30, 2002, the 2003 target period shall mean January 1, 2003 through November 30, 2003, the 2004 target period shall mean January 1, 2004 through November 30, 2004, and the 2005 target period shall mean January 1, 2005 through November 30, 2005, the 2006 target period shall mean January 1, 2006 through November 30, 2006, and the 2007 target period shall mean January 1, 2007 through November 30, 2007 and the 2008 target period shall mean January 1, 2008 through November 30, 2008, and the 2009 target period shall mean January 1, 2009 through November 30, 2009 and the 2010 target period shall mean January 1, 2010 through November 30, 2010 and the 2011 target period shall mean January 1, 2011 through November 30, 2011 AND THE 2012 TARGET PERIOD SHALL MEAN JANUARY 1, 2012 THROUGH NOVEMBER 30, 2012 AND THE 2013 TARGET PERIOD SHALL MEAN JANUARY 1, 2013 THROUGH NOVEMBER 30, 2013.
2. (a) Prior to February 1, 1997, for each regional group the commis- sioner of health shall calculate the 1996 medicaid revenue percentages for the period commencing August 1, 1996 to the last date for which such data is available and reasonably accurate. (b) Prior to February 1, 1998, prior to February 1, 1999, prior to February 1, 2000, prior to February 1, 2001, prior to February 1, 2002, prior to February 1, 2003, prior to February 1, 2004, prior to February 1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior to February 1, 2008, prior to February 1, 2009, prior to February 1, 2010 [and], prior to February 1, 2011, PRIOR TO FEBRUARY 1, 2012 AND PRIOR TO FEBRUARY 1, 2013 for each regional group the commissioner of health shall calculate the prior year's medicaid revenue percentages for the period commencing January 1 through November 30 of such prior year. 3. By September 15, 1996, for each regional group the commissioner of health shall calculate the base period medicaid revenue percentage. 4. (a) For each regional group, the 1996 target medicaid revenue percentage shall be calculated by subtracting the 1996 medicaid revenue reduction percentages from the base period medicaid revenue percentages. The 1996 medicaid revenue reduction percentage, taking into account regional and program differences in utilization of medicaid and medicare services, for the following regional groups shall be equal to: (i) one and one-tenth percentage points for CHHAs located within the downstate region; (ii) six-tenths of one percentage point for CHHAs located within the upstate region; (iii) one and eight-tenths percentage points for LTHHCPs located with- in the downstate region; and (iv) one and seven-tenths percentage points for LTHHCPs located within the upstate region. (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 for each regional group, the target medicaid revenue percentage for the respective year shall be calculated by subtracting the respective year's medicaid revenue reduction percentage from the base period medicaid revenue percentage. The medicaid revenue reduction percentages for 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 taking into account regional and program differences in utili- zation of medicaid and medicare services, for the following regional groups shall be equal to for each such year: (i) one and one-tenth percentage points for CHHAs located within the downstate region; (ii) six-tenths of one percentage point for CHHAs located within the upstate region; (iii) one and eight-tenths percentage points for LTHHCPs located with- in the downstate region; and (iv) one and seven-tenths percentage points for LTHHCPs located within the upstate region. (c) For each regional group, the 1999 target medicaid revenue percent- age shall be calculated by subtracting the 1999 medicaid revenue reduction percentage from the base period medicaid revenue percentage. The 1999 medicaid revenue reduction percentages, taking into account regional and program differences in utilization of medicaid and medicare services, for the following regional groups shall be equal to: (i) eight hundred twenty-five thousandths (.825) of one percentage point for CHHAs located within the downstate region;
(ii) forty-five hundredths (.45) of one percentage point for CHHAs located within the upstate region; (iii) one and thirty-five hundredths percentage points (1.35) for LTHHCPs located within the downstate region; and (iv) one and two hundred seventy-five thousandths percentage points (1.275) for LTHHCPs located within the upstate region. 5. (a) For each regional group, if the 1996 medicaid revenue percent- age is not equal to or less than the 1996 target medicaid revenue percentage, the commissioner of health shall compare the 1996 medicaid revenue percentage to the 1996 target medicaid revenue percentage to determine the amount of the shortfall which, when divided by the 1996 medicaid revenue reduction percentage, shall be called the 1996 reduction factor. These amounts, expressed as a percentage, shall not exceed one hundred percent. If the 1996 medicaid revenue percentage is equal to or less than the 1996 target medicaid revenue percentage, the 1996 reduction factor shall be zero. (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 for each regional group, if the medicaid revenue percentage for the respective year is not equal to or less than the target medicaid revenue percentage for such respective year, the commissioner of health shall compare such respec- tive year's medicaid revenue percentage to such respective year's target medicaid revenue percentage to determine the amount of the shortfall which, when divided by the respective year's medicaid revenue reduction percentage, shall be called the reduction factor for such respective year. These amounts, expressed as a percentage, shall not exceed one hundred percent. If the medicaid revenue percentage for a particular year is equal to or less than the target medicaid revenue percentage for that year, the reduction factor for that year shall be zero. 6. (a) For each regional group, the 1996 reduction factor shall be multiplied by the following amounts to determine each regional group's applicable 1996 state share reduction amount: (i) two million three hundred ninety thousand dollars ($2,390,000) for CHHAs located within the downstate region; (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located within the upstate region; (iii) one million two hundred seventy thousand dollars ($1,270,000) for LTHHCPs located within the downstate region; and (iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs located within the upstate region. For each regional group reduction, if the 1996 reduction factor shall be zero, there shall be no 1996 state share reduction amount. (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 for each regional group, the reduction factor for the respective year shall be multiplied by the following amounts to determine each regional group's applicable state share reduction amount for such respective year: (i) two million three hundred ninety thousand dollars ($2,390,000) for CHHAs located within the downstate region; (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located within the upstate region; (iii) one million two hundred seventy thousand dollars ($1,270,000) for LTHHCPs located within the downstate region; and (iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs located within the upstate region.
For each regional group reduction, if the reduction factor for a particular year shall be zero, there shall be no state share reduction amount for such year. (c) For each regional group, the 1999 reduction factor shall be multi- plied by the following amounts to determine each regional group's appli- cable 1999 state share reduction amount: (i) one million seven hundred ninety-two thousand five hundred dollars ($1,792,500) for CHHAs located within the downstate region; (ii) five hundred sixty-two thousand five hundred dollars ($562,500) for CHHAs located within the upstate region; (iii) nine hundred fifty-two thousand five hundred dollars ($952,500) for LTHHCPs located within the downstate region; and (iv) four hundred forty-two thousand five hundred dollars ($442,500) for LTHHCPs located within the upstate region. For each regional group reduction, if the 1999 reduction factor shall be zero, there shall be no 1999 state share reduction amount. 7. (a) For each regional group, the 1996 state share reduction amount shall be allocated by the commissioner of health among CHHAs and LTHHCPs on the basis of the extent of each CHHA's and LTHHCP's failure to achieve the 1996 target medicaid revenue percentage, calculated on a provider specific basis utilizing revenues for this purpose, expressed as a proportion of the total of each CHHA's and LTHHCP's failure to achieve the 1996 target medicaid revenue percentage within the applica- ble regional group. This proportion shall be multiplied by the applica- ble 1996 state share reduction amount calculation pursuant to paragraph (a) of subdivision 6 of this section. This amount shall be called the 1996 provider specific state share reduction amount. (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 for each regional group, the state share reduction amount for the respective year shall be allocated by the commissioner of health among CHHAs and LTHHCPs on the basis of the extent of each CHHA's and LTHHCP's failure to achieve the target medicaid revenue percentage for the applicable year, calculated on a provider specific basis utilizing revenues for this purpose, expressed as a proportion of the total of each CHHA's and LTHHCP's fail- ure to achieve the target medicaid revenue percentage for the applicable year within the applicable regional group. This proportion shall be multiplied by the applicable year's state share reduction amount calcu- lation pursuant to paragraph (b) or (c) of subdivision 6 of this section. This amount shall be called the provider specific state share reduction amount for the applicable year. 8. (a) The 1996 provider specific state share reduction amount shall be due to the state from each CHHA and LTHHCP and may be recouped by the state by March 31, 1997 in a lump sum amount or amounts from payments due to the CHHA and LTHHCP pursuant to title 11 of article 5 of the social services law. (b) The provider specific state share reduction amount for 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 respectively, shall be due to the state from each CHHA and LTHHCP and each year the amount due for such year may be recouped by the state by March 31 of the following year in a lump sum amount or amounts from payments due to the CHHA and LTHHCP pursuant to title 11 of article 5 of the social services law. 9. CHHAs and LTHHCPs shall submit such data and information at such times as the commissioner of health may require for purposes of this
section. The commissioner of health may use data available from third- party payors. 10. On or about June 1, 1997, for each regional group the commissioner of health shall calculate for the period August 1, 1996 through March 31, 1997 a medicaid revenue percentage, a reduction factor, a state share reduction amount, and a provider specific state share reduction amount in accordance with the methodology provided in paragraph (a) of subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi- sion 6 and paragraph (a) of subdivision 7 of this section. The provider specific state share reduction amount calculated in accordance with this subdivision shall be compared to the 1996 provider specific state share reduction amount calculated in accordance with paragraph (a) of subdivi- sion 7 of this section. Any amount in excess of the amount determined in accordance with paragraph (a) of subdivision 7 of this section shall be due to the state from each CHHA and LTHHCP and may be recouped in accordance with paragraph (a) of subdivision 8 of this section. If the amount is less than the amount determined in accordance with paragraph (a) of subdivision 7 of this section, the difference shall be refunded to the CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs and LTHHCPs shall submit data for the period August 1, 1996 through March 31, 1997 to the commissioner of health by April 15, 1997. 11. If a CHHA or LTHHCP fails to submit data and information as required for purposes of this section: (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi- caid revenue percentage between the applicable base period and the applicable target period for purposes of the calculations pursuant to this section; and (b) the commissioner of health shall reduce the current rate paid to such CHHA and such LTHHCP by state governmental agencies pursuant to article 36 of the public health law by one percent for a period begin- ning on the first day of the calendar month following the applicable due date as established by the commissioner of health and continuing until the last day of the calendar month in which the required data and infor- mation are submitted. 12. The commissioner of health shall inform in writing the director of the budget and the chair of the senate finance committee and the chair of the assembly ways and means committee of the results of the calcu- lations pursuant to this section. S 15. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 32 of part B of chapter 58 of the laws of 2009, is amended to read as follows: 5-a. Section sixty-four-a of this act shall be deemed to have been in full force and effect on and after April 1, 1995 through March 31, 1999 and on and after July 1, 1999 through March 31, 2000 and on and after April 1, 2000 through March 31, 2003 and on and after April 1, 2003 through March 31, 2007, and on and after April 1, 2007 through March 31, 2009, and on and after April 1, 2009 through March 31, 2011, AND ON AND AFTER APRIL 1, 2011; S 16. Section 64-b of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 33 of part B of chapter 58 of the laws of 2009, is amended to read as follows: S 64-b. Notwithstanding any inconsistent provision of law, the provisions of subdivision 7 of section 3614 of the public health law, as amended, shall remain and be in full force and effect on April 1, 1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on and after April 1, 2000 through March 31, 2003 and on and after April 1, 2003 through March 31, 2007, and on and after April 1, 2007 through March 31, 2009, and on and after April 1, 2009 through March 31, 2011, AND ON AND AFTER APRIL 1, 2011. S 17. Subdivision 1 of section 20 of chapter 451 of the laws of 2007, amending the public health law, the social services law and the insur- ance law, relating to providing enhanced consumer and provider protections, as amended by section 38 of part B of chapter 58 of the laws of 2009, is amended to read as follows: 1. sections four, eleven and thirteen of this act shall take effect immediately and shall expire and be deemed repealed June 30, [2011] 2013; S 18. The opening paragraph of subdivision 7-a of section 3614 of the public health law, as amended by section 46 of part B of chapter 58 of the laws of 2009, is amended to read as follows: Notwithstanding any inconsistent provision of law or regulation, for the purposes of establishing rates of payment by governmental agencies for long term home health care programs for the period April first, two thousand five, through December thirty-first, two thousand five, and for the period January first, two thousand six through March thirty-first, two thousand seven, and on and after April first, two thousand seven through March thirty-first, two thousand nine, and on and after April first, two thousand nine through March thirty-first, two thousand elev- en, AND ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN, the reimbursable base year administrative and general costs of a provider of services shall not exceed the statewide average of total reimbursable base year administrative and general costs of such providers of services. S 19. Subdivisions 3, 4 and 5 of section 47 of chapter 2 of the laws of 1998, amending the public health law and other laws relating to expanding the child health insurance plan, as amended by section 24 of part A of chapter 58 of the laws of 2007, are amended to read as follows: 3. section six of this act shall take effect January 1, 1999; [provided, however, that subparagraph (iii) of paragraph (c) of subdivi- sion 9 of section 2510 of the public health law, as added by this act, shall expire on July 1, 2011;] 4. sections two, three, four, seven, eight, nine, fourteen, fifteen, sixteen, eighteen, eighteen-a, twenty-three, twenty-four, and twenty- nine of this act shall take effect January 1, 1999 [and shall expire on July 1, 2011]; section twenty-five of this act shall take effect on January 1, 1999 and shall expire on April 1, 2005; 5. section twelve of this act shall take effect January 1, 1999; [provided, however, paragraphs (g) and (h) of subdivision 2 of section 2511 of the public health law, as added by such section, shall expire on July 1, 2011;] S 20. Section 10 of chapter 649 of the laws of 1996, amending the public health law, the mental hygiene law and the social services law relating to authorizing the establishment of special needs plans, as amended by section 63 of part C of chapter 58 of the laws of 2008, is amended to read as follows: S 10. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 1996; [provided, however, that sections one, two and three of this act shall expire and be deemed repealed on March 31, 2012] provided, however that the amend- ments to section 364-j of the social services law made by section four
of this act shall not affect the expiration of such section and shall be deemed to expire therewith and provided, further, that the provisions of subdivisions 8, 9 and 10 of section 4401 of the public health law, as added by section one of this act; section 4403-d of the public health law as added by section two of this act and the provisions of section seven of this act, except for the provisions relating to the establish- ment of no more than twelve comprehensive HIV special needs plans, shall expire and be deemed repealed on July 1, 2000. S 21. Subdivision (i-1) of section 79 of part C of chapter 58 of the laws of 2008, amending the social services law and the public health law relating to adjustments of rates, is amended to read as follows: (i-1) section thirty-one-a of this act shall be deemed repealed July 1, [2011] 2014; S 22. Section 2 of chapter 535 of the laws of 1983, amending the social services law relating to eligibility of certain enrollees for medical assistance, as amended by section 69 of part C of chapter 58 of the laws of 2008, is amended to read as follows: S 2. This act shall take effect immediately [and shall remain in full force and effect through March 31, 2012]. S 23. Subdivision 12 of section 246 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 56 of part C of chapter 58 of the laws of 2008, is amended to read as follows: 12. Sections one hundred five-b through one hundred five-f of this act shall expire March 31, [2011] 2013. S 24. Section 4 of 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, as amended by section 68 of part C of chapter 58 of the laws of 2008, is amended to read as follows: S 4. This act shall take effect 120 days after it shall have become a law and shall expire and be deemed repealed March 31, [2012] 2014. S 25. Section 11 of 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, as amended by section 66 of part C of chapter 58 of the laws of 2008, is amended to read as follows: S 11. This act shall take effect immediately; except that the provisions of sections one, two, three, four, eight and ten of this act shall take effect on the ninetieth day after it shall have become a law; and except that the provisions of sections five, six and seven of this act shall take effect January 1, 1989; and except that effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date; provided, however, that [the provisions of section 364-j of the social services law, as added by section one of this act shall expire and be deemed repealed on and after March 31, 2012,] the provisions of section 364-k of the social services law, as added by section two of this act, except subdivision 10 of such section, shall expire and be deemed repealed on and after January 1, 1994, and the provisions of subdivision 10 of section 364-k of the social services law, as added by section two of this act, shall expire and be deemed repealed on January 1, 1995. S 26. Subdivision (c) of section 62 of chapter 165 of the laws of 1991, amending the public health law and other laws relating to estab-
lishing payments for medical assistance, as amended by section 67 of part C of chapter 58 of the laws of 2008, is amended to read as follows: (c) [section 364-j of the social services law, as amended by section eight of this act and subdivision 6 of section 367-a of the social services law as added by section twelve of this act shall expire and be deemed repealed on March 31, 2012 and provided further, that] the amend- ments to the provisions of section 364-j of the social services law MADE BY SECTION EIGHT OF THIS ACT shall only apply to managed care programs approved on or after the effective date of this act; S 26-a. Subdivision (x) of section 165 of chapter 41 of the laws of 1992, amending the public health law and other laws relating to health care providers, is REPEALED. S 27. Notwithstanding any inconsistent provision of law, rule or regu- lation, for purposes of implementing the provisions of the public health law and the social services law, references to titles XIX and XXI of the federal social security act in the public health law and the social services law shall be deemed to include and also to mean any successor titles thereto under the federal social security act. S 28. Notwithstanding any inconsistent provision of law, rule or regu- lation, the effectiveness of the provisions of sections 2807 and 3614 of the public health law, section 18 of chapter 2 of the laws of 1988, and 18 NYCRR 505.14(h), as they relate to time frames for notice, approval or certification of rates of payment, are hereby suspended and without force or effect for purposes of implementing the provisions of this act. S 29. Severability clause. If any clause, sentence, paragraph, subdi- vision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judge- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 30. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. PART E Section 1. Section 366 of the social services law is amended by adding a new subdivision 1-b to read as follows: 1-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN THE EVENT THAT A PERSON WHO IS AN INPATIENT IN AN INSTITUTION FOR MENTAL DISEASES, AS DEFINED BY FEDERAL LAW AND REGULATIONS, AND WHO WAS IN RECEIPT OF MEDICAL ASSISTANCE PURSUANT TO THIS TITLE IMMEDIATELY PRIOR TO BEING ADMITTED TO SUCH FACILITY, OR WHO WAS DIRECTLY ADMITTED TO SUCH FACILITY AFTER BEING AN INPATIENT IN ANOTHER INSTITUTION FOR MENTAL DISEASES AND WHO WAS IN RECEIPT OF MEDICAL ASSISTANCE PRIOR TO ADMISSION TO SUCH TRANSFERRING INSTITUTION, SUCH PERSON SHALL REMAIN ELIGIBLE FOR MEDICAL ASSISTANCE WHILE AN INPATIENT IN SUCH FACILITY; PROVIDED, HOWEVER, THAT NO MEDICAL ASSISTANCE SHALL BE FURNISHED PURSUANT TO THIS TITLE FOR ANY CARE, SERVICES, OR SUPPLIES PROVIDED DURING THE TIME THAT SUCH PERSON IS AN INPATIENT, EXCEPT TO THE EXTENT THAT FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR THE COSTS OF SUCH CARE, SERVICES, OR SUPPLIES. UPON RELEASE FROM SUCH FACILITY, SUCH PERSON SHALL CONTINUE TO BE ELIGIBLE FOR RECEIPT OF MEDICAL ASSISTANCE FURNISHED PURSUANT TO THIS TITLE UNTIL SUCH TIME AS THE PERSON IS DETERMINED TO NO LONGER BE ELIGIBLE FOR
RECEIPT OF SUCH ASSISTANCE. TO THE EXTENT PERMITTED BY FEDERAL LAW, THE TIME DURING WHICH SUCH PERSON IS AN INPATIENT IN AN INSTITUTION FOR MENTAL DISEASES SHALL NOT BE INCLUDED IN ANY CALCULATION OF WHEN THE PERSON MUST RECERTIFY HIS OR HER ELIGIBILITY FOR MEDICAL ASSISTANCE IN ACCORDANCE WITH THIS ARTICLE. S 2. Paragraph (c) of subdivision 1 of section 366 of the social services law, as amended by chapter 355 of the laws of 2007, is amended to read as follows: (c) except as provided in subparagraph six of paragraph (a) of this subdivision or subdivision one-a OR SUBDIVISION ONE-B of this section, is not an inmate or patient in an institution or facility wherein medical assistance for needy persons may not be provided in accordance with applicable federal or state requirements; and S 3. This act shall take effect April 1, 2011; provided that all actions necessary for the timely implementation of this act, including revisions to information, eligibility and benefit computer systems utilized by social services districts and administered by the department of health of the state of New York, shall be taken prior to such effec- tive date so that the provisions of this act may be implemented on such date. PART F Section 1. Subdivisions 3-b and 3-c of section 1 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 1 of part F of chapter 111 of the laws of 2010, are amended to read as follows: 3-b. Notwithstanding any inconsistent provision of law, beginning April 1, 2009 and ending March 31, [2011] 2012, the commissioners shall not include a COLA for the purpose of establishing rates of payments, contracts or any other form of reimbursement. 3-c. Notwithstanding any inconsistent provision of law, beginning April 1, [2011] 2012 and ending March 31, [2014] 2015, the commissioners shall develop the COLA under this section using the actual U.S. consumer price index for all urban consumers (CPI-U) published by the United States department of labor, bureau of labor statistics for the twelve month period ending in July of the budget year prior to such state fiscal year, for the purpose of establishing rates of payments, contracts or any other form of reimbursement. S 2. 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 111 of the laws of 2010, 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, [2014] 2015; provided, further, that sections two and three of this act shall expire and be deemed repealed December 31, 2009. S 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011; provided, however, that the amendments to section 1 of part C of chapter 57 of the laws of 2006 made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART G
Section 1. Subdivision (b) of section 7.17 of the mental hygiene law, as amended by section 1 of part J of chapter 58 of the laws of 2005, is amended to read as follows: (b) There shall be in the office the hospitals named below for the care, treatment and rehabilitation of [the mentally disabled] PERSONS WITH MENTAL ILLNESS and for research and teaching in the science and skills required for the care, treatment and rehabilitation of such [mentally disabled] PERSONS WITH MENTAL ILLNESS. Greater Binghamton Health Center Bronx Psychiatric Center Buffalo Psychiatric Center Capital District Psychiatric Center Central New York Psychiatric Center Creedmoor Psychiatric Center Elmira Psychiatric Center Hudson River Psychiatric Center Kingsboro Psychiatric Center Kirby Forensic Psychiatric Center Manhattan Psychiatric Center Mid-Hudson Forensic Psychiatric Center Mohawk Valley Psychiatric Center Nathan S. Kline Institute for Psychiatric Research New York State Psychiatric Institute Pilgrim Psychiatric Center Richard H. Hutchings Psychiatric Center Rochester Psychiatric Center Rockland Psychiatric Center St. Lawrence Psychiatric Center South Beach Psychiatric Center Bronx Children's Psychiatric Center Brooklyn Children's [Psychiatric] Center Queens Children's Psychiatric Center Rockland Children's Psychiatric Center Sagamore Children's Psychiatric Center Western New York Children's Psychiatric Center The New York State Psychiatric Institute and The Nathan S. Kline Institute for Psychiatric Research are designated as institutes for the conduct of medical research and other scientific investigation directed towards furthering knowledge of the etiology, diagnosis, treatment and prevention of mental illness. THE BROOKLYN CHILDREN'S CENTER IS A FACILITY OPERATED BY THE OFFICE TO PROVIDE COMMUNITY-BASED MENTAL HEALTH SERVICES FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES. S 2. Subdivision (e) of section 7.17 of the mental hygiene law is REPEALED and subdivision (f) is relettered subdivision (e). S 3. (a) Notwithstanding the provisions of subdivision (b) of section 7.17 of the mental hygiene law, section 41.55 of the mental hygiene law, or any other law to the contrary, the office of mental health is author- ized in state fiscal year 2011-12 to close, consolidate, reduce, trans- fer or otherwise redesign services of hospitals, other facilities and programs operated by the office of mental health, and to implement significant service reductions and reconfigurations as shall be deter- mined by the commissioner of mental health to be necessary for the cost- effective and efficient operation of such hospitals, other facilities and programs. (b) The office of mental health shall provide notice upon its public website and to the legislature as soon as possible, but no later than
two weeks prior to the anticipated closure, consolidation, or transfer of inpatient wards. (c) Any transfers of inpatient capacity or any resulting transfer of functions shall be authorized to be made by the commissioner of mental health and any transfer of personnel upon such transfer of capacity or transfer of functions shall be accomplished in accordance with the provisions of section 70 of the civil service law. S 4. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 5. This act shall take effect April 1, 2011; provided that the amendments to subdivision (f) of section 7.17 of the mental hygiene law made by section two of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through G of this act shall be as specifically set forth in the last section of such Parts.

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