NY S04007 | 2023-2024 | General Assembly

Status

Completed Legislative Action
Spectrum: Committee Bill
Status: Passed on May 3 2023 - 100% progression
Action: 2023-05-03 - SIGNED CHAP.57
Text: Latest bill text (Amended) [HTML]

Summary

Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2023-2024 state fiscal year; relates to the year to year rate of growth of Department of Health state funds and Medicaid funding, relating to the state Medicaid spending cap and related processes (Part A); extends various provisions of laws relating to the provision of health care services, administration and programs (Part B); extends certain provisions of law relating to the health care reform act; extends provisions relating to the distribution of pool allocations and graduate medical education; extends provisions relating to health care initiative pool distributions; extends payment provisions for general hospitals; extends provisions relating to assessments on covered lives (Part C); extends the voluntary indigent care pool; establishes the definition of rural emergency hospital; expands eligibility for vital access provider assurance program funding; relates to Medicaid payments for the operating component of hospital inpatient services and hospital outpatient services (Part E); extends certain provisions of law relating to malpractice and professional medical conduct (Part F); relates to lowering the income threshold for eligibility to participate in private pay protocols for programs and services administered by the office for the aging (Part G); establishes the 1332 state innovation program; defines 1332 state innovation plan and state innovation plan individual; creates the 1332 state innovation fund; makes related provisions (Part H); extends authority to enroll certain recipients in need of more than 120 days of community based-long term care in a managed long term care plan; extends the moratorium on the processing and approval of applications seeking a certificate of authority as a managed long term care plan; provides for performance standards for managed long term care plans; provides for an additional increase in Medicaid payments made for the operating component of residential health care facilities services in addition to the increase provided by Part I of Chapter 57 of the laws of 2022 (Part I); authorizes Medicaid eligibility for certain services provided to individuals who are in a correctional institution, and for certain services provided to individuals who are in an institution for mental disease (Part K); relates to site of service clinical review for determining whether a non-urgent outpatient medical procedures and surgeries procedure will be covered when rendered by a network participating provider at a hospital-based outpatient clinic (Part L); relates to the review and oversight of material transactions (Part M); expands the Medicaid Buy-In program for people with disabilities (Part N); creates the statewide health care facility transformation program; adds debt retirement, working capital or other non-capital projects to existing health care facility transformation programs (Part P); establishes Medicaid reimbursement for community health workers for high-risk populations; permits licensed mental health counselors and licensed marriage and family therapists in community health centers to be reimbursed (Part Q); relates to expanding Medicaid coverage of preventative health care for nutrition and osteoarthritis services (Part R); modernizes the emergency medical system and workforce; creates an emergency medical services system and agency performance standards; establishes a public campaign to recruit additional personnel into the emergency medical fields; creates a state emergency medical services task force (Part S); relates to lead testing in certain multiple dwellings; establishes a state rental registry and proactive inspections to identify lead hazards for residential dwellings outside of the city of New York with two or more units built prior to nineteen hundred eighty; expands the powers of the secretary of state with respect to the New York state uniform fire prevention and building code (Part T); provides for the protection of electronic health information; sets requirements for communications to individuals about their electronic health information; prohibits law enforcement agencies and officers from purchasing or obtaining electronic health information without a warrant (Part U); relates to authorizing certain advanced home health aides to perform certain advanced tasks (Part W); provides for the registration of temporary health care services agencies; specifies requirements for registration (Part X); relates to affidavits for medical debt actions (Subpart A); requires hospitals participating in the general hospital indigent care pool to use certain forms for the collection of medical debt (Subpart C); relates to guaranty fund coverage for insurers writing health insurance; directs the superintendent of financial services to develop an assessment offset plan to limit the impact of certain assessments (Subpart D) (Part Y); requires hepatitis C screening and third trimester syphilis testing; extends provisions of law relating thereto (Part AA); adds certain fentanyl analogs to the schedules of controlled substances (Part BB); establishes a cost of living adjustment for designated human services programs (Part DD); extends certain provisions relating to services for individuals with developmental disabilities (Part EE); authorizes community behavioral health clinics to provide coordinated, comprehensive behavioral health care, including mental health and addiction services, primary care screening, and case management services (Part HH); provides for insurance coverage for behavioral health services (Subpart A); enhances utilization review standards for mental health services (Subpart B); expands coverage for substance use disorder treatment (Subpart E); provides for network adequacy for mental health and substance use disorder services (Subpart F) (Part II); authorizes the commissioner of mental hygiene to impose civil penalties and revoke certain operating certificates (Part JJ); establishes the independent developmental disability ombudsman program (Part KK); provides that coverage for abortion services shall include coverage of any drug prescribed for the purpose of an abortion, including both generic and brand name drugs, even if such drug has not been approved by the food and drug administration for abortion, provided, however, that such drug shall be a recognized medication for abortion in one of the following established reference compendia: The WHO Model Lists of Essential Medicines; The WHO Abortion Care Guidance; or The National Academies of Science, Engineering, and Medicine Consensus Study Report (Part LL); clarifies the definition of a clinical peer reviewer (Part MM); relates to wage adjustments for home care aides; provides for electronic visit verification for personal care and home health providers (Part NN); establishes the ten member "Daniel's law task force" to identify potential operational and financial needs to support a trauma-informed, community-led responses and diversions for anyone in the state experiencing a mental health, alcohol use, or substance use crisis; reviewing and recommending programs and systems operating within the state or nationally that could be deployed as a model crisis and emergency services system; and identifying potential funding sources for expanding mental health, alcohol use and substance use crisis response and diversion services (Part OO); directs the commissioner of mental health to establish a maternal mental health workgroup to study and issue recommendations related to maternal mental health and perinatal and postpartum mood and anxiety disorders (Part PP).

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Title

Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2023-2024 state fiscal year; relates to the year to year rate of growth of Department of Health state funds and Medicaid funding, relating to the state Medicaid spending cap and related processes (Part A); extends various provisions of laws relating to the provision of health care services, administration and programs (Part B); extends certain provisions of law relating to the health care reform act; extends provisions relating to the distribution of pool allocations and graduate medical education; extends provisions relating to health care initiative pool distributions; extends payment provisions for general hospitals; extends provisions relating to assessments on covered lives (Part C); extends the voluntary indigent care pool; establishes the definition of rural emergency hospital; expands eligibility for vital access provider assurance program funding; relates to Medicaid payments for the operating component of hospital inpatient services and hospital outpatient services (Part E); extends certain provisions of law relating to malpractice and professional medical conduct (Part F); relates to lowering the income threshold for eligibility to participate in private pay protocols for programs and services administered by the office for the aging (Part G); establishes the 1332 state innovation program; defines 1332 state innovation plan and state innovation plan individual; creates the 1332 state innovation fund; makes related provisions (Part H); extends authority to enroll certain recipients in need of more than 120 days of community based-long term care in a managed long term care plan; extends the moratorium on the processing and approval of applications seeking a certificate of authority as a managed long term care plan; provides for performance standards for managed long term care plans; provides for an additional increase in Medicaid payments made for the operating component of residential health care facilities services in addition to the increase provided by Part I of Chapter 57 of the laws of 2022 (Part I); authorizes Medicaid eligibility for certain services provided to individuals who are in a correctional institution, and for certain services provided to individuals who are in an institution for mental disease (Part K); relates to site of service clinical review for determining whether a non-urgent outpatient medical procedures and surgeries procedure will be covered when rendered by a network participating provider at a hospital-based outpatient clinic (Part L); relates to the review and oversight of material transactions (Part M); expands the Medicaid Buy-In program for people with disabilities (Part N); creates the statewide health care facility transformation program; adds debt retirement, working capital or other non-capital projects to existing health care facility transformation programs (Part P); establishes Medicaid reimbursement for community health workers for high-risk populations; permits licensed mental health counselors and licensed marriage and family therapists in community health centers to be reimbursed (Part Q); relates to expanding Medicaid coverage of preventative health care for nutrition and osteoarthritis services (Part R); modernizes the emergency medical system and workforce; creates an emergency medical services system and agency performance standards; establishes a public campaign to recruit additional personnel into the emergency medical fields; creates a state emergency medical services task force (Part S); relates to lead testing in certain multiple dwellings; establishes a state rental registry and proactive inspections to identify lead hazards for residential dwellings outside of the city of New York with two or more units built prior to nineteen hundred eighty; expands the powers of the secretary of state with respect to the New York state uniform fire prevention and building code (Part T); provides for the protection of electronic health information; sets requirements for communications to individuals about their electronic health information; prohibits law enforcement agencies and officers from purchasing or obtaining electronic health information without a warrant (Part U); relates to authorizing certain advanced home health aides to perform certain advanced tasks (Part W); provides for the registration of temporary health care services agencies; specifies requirements for registration (Part X); relates to affidavits for medical debt actions (Subpart A); requires hospitals participating in the general hospital indigent care pool to use certain forms for the collection of medical debt (Subpart C); relates to guaranty fund coverage for insurers writing health insurance; directs the superintendent of financial services to develop an assessment offset plan to limit the impact of certain assessments (Subpart D) (Part Y); requires hepatitis C screening and third trimester syphilis testing; extends provisions of law relating thereto (Part AA); adds certain fentanyl analogs to the schedules of controlled substances (Part BB); establishes a cost of living adjustment for designated human services programs (Part DD); extends certain provisions relating to services for individuals with developmental disabilities (Part EE); authorizes community behavioral health clinics to provide coordinated, comprehensive behavioral health care, including mental health and addiction services, primary care screening, and case management services (Part HH); provides for insurance coverage for behavioral health services (Subpart A); enhances utilization review standards for mental health services (Subpart B); expands coverage for substance use disorder treatment (Subpart E); provides for network adequacy for mental health and substance use disorder services (Subpart F) (Part II); authorizes the commissioner of mental hygiene to impose civil penalties and revoke certain operating certificates (Part JJ); establishes the independent developmental disability ombudsman program (Part KK); provides that coverage for abortion services shall include coverage of any drug prescribed for the purpose of an abortion, including both generic and brand name drugs, even if such drug has not been approved by the food and drug administration for abortion, provided, however, that such drug shall be a recognized medication for abortion in one of the following established reference compendia: The WHO Model Lists of Essential Medicines; The WHO Abortion Care Guidance; or The National Academies of Science, Engineering, and Medicine Consensus Study Report (Part LL); clarifies the definition of a clinical peer reviewer (Part MM); relates to wage adjustments for home care aides; provides for electronic visit verification for personal care and home health providers (Part NN); establishes the ten member "Daniel's law task force" to identify potential operational and financial needs to support a trauma-informed, community-led responses and diversions for anyone in the state experiencing a mental health, alcohol use, or substance use crisis; reviewing and recommending programs and systems operating within the state or nationally that could be deployed as a model crisis and emergency services system; and identifying potential funding sources for expanding mental health, alcohol use and substance use crisis response and diversion services (Part OO); directs the commissioner of mental health to establish a maternal mental health workgroup to study and issue recommendations related to maternal mental health and perinatal and postpartum mood and anxiety disorders (Part PP).

Sponsors


Roll Calls

2023-05-01 - Assembly - Assembly Floor Vote - Final Passage (Y: 100 N: 49 NV: 0 Abs: 1) [PASS]
2023-05-01 - Senate - Senate Floor Vote - Final Passage (Y: 41 N: 21 NV: 0 Abs: 1) [PASS]
2023-05-01 - Senate - Senate Finance Committee Vote (Y: 14 N: 6 NV: 0 Abs: 2) [PASS]

History

DateChamberAction
2023-05-03SenateSIGNED CHAP.57
2023-05-02SenateDELIVERED TO GOVERNOR
2023-05-01Assemblyreturned to senate
2023-05-01Assemblypassed assembly
2023-05-01Assemblymessage of necessity - 3 day message
2023-05-01Assemblyordered to third reading rules cal.126
2023-05-01Assemblysubstituted for a3007c
2023-05-01Assemblyreferred to ways and means
2023-05-01SenateDELIVERED TO ASSEMBLY
2023-05-01SenatePASSED SENATE
2023-05-01SenateMESSAGE OF NECESSITY - 3 DAY MESSAGE
2023-05-01SenateORDERED TO THIRD READING CAL.717
2023-04-30SenatePRINT NUMBER 4007C
2023-04-30SenateAMEND (T) AND RECOMMIT TO FINANCE
2023-03-14SenatePRINT NUMBER 4007B
2023-03-14SenateAMEND (T) AND RECOMMIT TO FINANCE
2023-03-06SenatePRINT NUMBER 4007A
2023-03-06SenateAMEND (T) AND RECOMMIT TO FINANCE
2023-02-01SenateREFERRED TO FINANCE

Same As/Similar To

A03007 (Same As) 2023-05-01 - substituted by s4007c

New York State Sources

TypeSource
Summaryhttps://www.nysenate.gov/legislation/bills/2023/S4007
Texthttps://assembly.state.ny.us/leg/?default_fld=&bn=S04007&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S04007
Texthttps://assembly.state.ny.us/leg/?default_fld=&bn=S04007&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S04007A
Texthttps://assembly.state.ny.us/leg/?default_fld=&bn=S04007&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S04007B
Texthttps://assembly.state.ny.us/leg/?default_fld=&bn=S04007&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S04007C
Roll Callhttps://www.nysenate.gov/legislation/bills/2023/S4007#SC1
Roll Callhttps://www.nysenate.gov/legislation/bills/2023/S4007#SF1
Roll Callhttps://assembly.state.ny.us/leg/?default_fld=&bn=S04007&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#AF1

Bill Comments

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