S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           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:
    1    Section  1.  This  act enacts into law major components of legislation
    2  which are necessary to implement the state fiscal plan for the 2011-2012
    3  state fiscal year. Each component is  wholly  contained  within  a  Part
    4  identified  as Parts A through G. The effective date for each particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of this act", when used in connection with that  particular  component,
    9  shall  be  deemed  to mean and refer to the corresponding section of the
   10  Part in which it is found. Section three of  this  act  sets  forth  the
   11  general effective date of this act.
   12                                   PART A
   13    Section  1. Paragraph (f) of subdivision 3 of section 242 of the elder
   14  law, as added by section 3 of part B of chapter 58 of the laws of  2007,
   15  is amended to read as follows:
   16    (f)  As  a  condition of continued eligibility for benefits under this
   17  title, if a program participant is eligible for  Medicare  part  D  drug
   18  coverage  under  section  1860D  of the federal social security act, the
   19  participant is required to enroll in Medicare part D at the first avail-
   20  able enrollment period and to maintain such enrollment. This requirement
   21  shall be waived if such enrollment would  result  in  significant  addi-
   22  tional financial liability by the participant, including, but not limit-
   23  ed to, individuals in a Medicare advantage plan whose cost sharing would
   24  be  increased,  or  if  such  enrollment would result in the loss of any
   25  health coverage through a union or employer plan  for  the  participant,
   26  the  participant's  spouse  or other dependent.  [The elderly pharmaceu-
   27  tical insurance coverage program shall provide  premium  assistance  for
   28  all participants enrolled in Medicare part D as follows:
   29    (i)  for  participants  with  comprehensive coverage under section two
   30  hundred forty-seven of this title, the elderly pharmaceutical  insurance
   31  coverage program shall pay for the portion of the part D monthly premium
   32  that  is  the  responsibility  of the participant. Such payment shall be
   33  limited to the low-income benchmark premium amount  established  by  the
   34  federal  centers for Medicare and Medicaid services and any other amount
   35  which such agency establishes  under  its  de  minimus  premium  policy,
   36  except  that  such payments made on behalf of participants enrolled in a
   37  Medicare advantage plan may  exceed  the  low-income  benchmark  premium
   38  amount if determined to be cost effective to the program.
   39    (ii)  for  participants  with  catastrophic coverage under section two
   40  hundred forty-eight of this title, the elderly pharmaceutical  insurance
   41  coverage  program shall credit the participant's annual personal covered
   42  drug expenditure amount required under this title by an amount equal  to
   43  the  annual  low-income  benchmark  premium  amount  established  by the
   44  centers for Medicare and Medicaid services, prorated for  the  remaining
   45  portion  of  the participant's elderly pharmaceutical insurance coverage
   46  program coverage period. The elderly pharmaceutical  insurance  coverage
   47  program   shall,   at   appropriate   times,  notify  participants  with
   48  catastrophic coverage under section  two  hundred  forty-seven  of  this
   49  title  of their right to coordinate the annual coverage period with that
   50  of Medicare part D, along with the possible advantages and disadvantages
   51  of doing so.]
       S. 2809                             5                            A. 4009
    1    S 2. Subdivision 6 of section 241 of the elder law is amended and  two
    2  new subdivisions 8 and 9 are added to read as follows:
    3    6.  "Annual  coverage  period" shall mean the period of twelve consec-
    4  utive calendar months for which an eligible program participant has  met
    5  the  [application fee or deductible requirements, as the case may be, of
    6  sections two hundred forty-seven and two hundred  forty-eight]  REQUIRE-
    7  MENTS OF SECTION TWO HUNDRED FORTY-TWO of this title.
    8    8.  "COVERAGE GAP PERIOD" SHALL MEAN THE PERIOD BETWEEN THE END OF THE
    9  MEDICARE  PART D INITIAL COVERAGE PHASE AND THE START OF MEDICARE PART D
   10  CATASTROPHIC COVERAGE.
   11    9. "MEDICARE PART D EXCLUDED DRUG CLASSES" SHALL  MEAN  ANY  DRUGS  OR
   12  CLASSES  OF DRUGS, OR THEIR MEDICAL USES, WHICH ARE DESCRIBED IN SECTION
   13  1927(D)(2) OR 1927(D)(3) OF THE FEDERAL SOCIAL SECURITY  ACT,  WITH  THE
   14  EXCEPTION OF SMOKING CESSATION AGENTS.
   15    S  3.  Subdivision 1 of section 242 of the elder law, paragraph (b) as
   16  amended by section 14 of part B of chapter 57 of the laws  of  2006,  is
   17  amended to read as follows:
   18    1.  Persons  eligible  for [comprehensive] coverage under [section two
   19  hundred forty-seven of] this title shall include:
   20    (a) any unmarried resident who is at least sixty-five  years  of  age,
   21  WHO  IS  ENROLLED  IN MEDICARE PART D, and whose income for the calendar
   22  year immediately preceding the effective date  of  the  annual  coverage
   23  period  beginning  on or after January first, two thousand five, is less
   24  than or equal to [twenty]  THIRTY-FIVE  thousand  dollars.    After  the
   25  initial  determination  of eligibility, each eligible individual must be
   26  redetermined eligible at least every twenty-four months; and
   27    (b) any married resident who is at least sixty-five years of age,  WHO
   28  IS  ENROLLED  IN MEDICARE PART D, and whose income for the calendar year
   29  immediately preceding the effective date of the annual  coverage  period
   30  when  combined with the income in the same calendar year of such married
   31  person's spouse beginning on or after January first, two  thousand  one,
   32  is  less than or equal to [twenty-six] FIFTY thousand dollars. After the
   33  initial determination of eligibility, each eligible individual  must  be
   34  redetermined eligible at least every twenty-four months.
   35    S 3-a. Subdivision 2 of section 242 of the elder law is REPEALED.
   36    S  3-b. Paragraph (c) of subdivision 3 of section 242 of the elder law
   37  is REPEALED and a new paragraph (c) is added to read as follows:
   38    (C) FOR PERSONS WHO MEET THE ELIGIBILITY REQUIREMENTS  TO  PARTICIPATE
   39  IN  THE  ELDERLY  PHARMACEUTICAL INSURANCE COVERAGE PROGRAM, THE PROGRAM
   40  WILL PAY FOR A DRUG COVERED BY THE PERSON'S MEDICARE PART D  PLAN  OR  A
   41  DRUG IN A MEDICARE PART D EXCLUDED DRUG CLASS, AS DEFINED IN SUBDIVISION
   42  NINE OF SECTION TWO HUNDRED FORTY-ONE OF THIS TITLE, DURING THE COVERAGE
   43  GAP, AS DEFINED IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED FORTY-ONE OF
   44  THIS  TITLE,  PROVIDED  THAT  SUCH DRUG IS A COVERED DRUG, AS DEFINED IN
   45  SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY-ONE OF THIS TITLE, AND THAT
   46  THE PARTICIPANT COMPLIES WITH THE POINT OF SALE CO-PAYMENT  REQUIREMENTS
   47  SET FORTH IN SECTION TWO HUNDRED FORTY-SEVEN OF THIS TITLE.
   48    S  3-c. Paragraph (d) of subdivision 3 of section 242 of the elder law
   49  is REPEALED.
   50    S 3-d. Paragraphs (e) and (f) of subdivision 3 of section 242  of  the
   51  elder  law, paragraph (e) as amended by section 112 of part C of chapter
   52  58 of the laws of 2009, paragraph (f) as added by section 3 of part B of
   53  chapter 58 of the laws of 2007, are amended to read as follows:
   54    (e) As a condition of [continued] eligibility for benefits under  this
   55  title,  if a program participant's income indicates that the participant
   56  could be eligible for an income-related subsidy under  section  1860D-14
       S. 2809                             6                            A. 4009
    1  of  the  federal social security act by either applying for such subsidy
    2  or by enrolling in a medicare savings program as  a  qualified  medicare
    3  beneficiary  (QMB),  a specified low-income medicare beneficiary (SLMB),
    4  or  a  qualifying  individual (QI), a program participant is required to
    5  provide, and to authorize the elderly pharmaceutical insurance  coverage
    6  program  to  obtain, any information or documentation required to estab-
    7  lish the participant's eligibility for such subsidy,  and  to  authorize
    8  the elderly pharmaceutical insurance coverage program to apply on behalf
    9  of  the participant for the subsidy or the medicare savings program. The
   10  elderly pharmaceutical insurance coverage program shall make  a  reason-
   11  able  effort  to  notify  the  program participant of his or her need to
   12  provide any of the above required information. After a reasonable effort
   13  has been made to contact the participant, a participant shall  be  noti-
   14  fied  in  writing that he or she has sixty days to provide such required
   15  information. If such information is not provided within  the  sixty  day
   16  period, the participant's coverage may be terminated.
   17    (f)  As a condition of [continued] eligibility for benefits under this
   18  title, [if] a program participant is [eligible for Medicare part D  drug
   19  coverage  under  section  1860D  of the federal social security act, the
   20  participant is] required to [enroll] BE ENROLLED in Medicare part D  [at
   21  the  first available enrollment period] and to maintain such enrollment.
   22  [This requirement shall be waived if such  enrollment  would  result  in
   23  significant  additional  financial liability by the participant, includ-
   24  ing, but not limited to, individuals in a Medicare advantage plan  whose
   25  cost  sharing  would be increased, or if such enrollment would result in
   26  the loss of any health coverage through a union or employer plan for the
   27  participant, the participant's spouse or other dependent.   The  elderly
   28  pharmaceutical  insurance coverage program shall provide premium assist-
   29  ance for all participants enrolled in Medicare part D as follows:
   30    (i) for participants with comprehensive  coverage  under  section  two
   31  hundred  forty-seven of this title, the elderly pharmaceutical insurance
   32  coverage program shall pay for the portion of the part D monthly premium
   33  that is the responsibility of the participant.  Such  payment  shall  be
   34  limited  to  the  low-income benchmark premium amount established by the
   35  federal centers for Medicare and Medicaid services and any other  amount
   36  which  such  agency  establishes  under  its  de minimus premium policy,
   37  except that such payments made on behalf of participants enrolled  in  a
   38  Medicare  advantage  plan  may  exceed  the low-income benchmark premium
   39  amount if determined to be cost effective to the program.
   40    (ii) for participants with catastrophic  coverage  under  section  two
   41  hundred  forty-eight of this title, the elderly pharmaceutical insurance
   42  coverage program shall credit the participant's annual personal  covered
   43  drug  expenditure amount required under this title by an amount equal to
   44  the annual  low-income  benchmark  premium  amount  established  by  the
   45  centers  for  Medicare and Medicaid services, prorated for the remaining
   46  portion of the participant's elderly pharmaceutical  insurance  coverage
   47  program  coverage  period. The elderly pharmaceutical insurance coverage
   48  program  shall,  at  appropriate   times,   notify   participants   with
   49  catastrophic  coverage  under  section  two  hundred forty-seven of this
   50  title of their right to coordinate the annual coverage period with  that
   51  of Medicare part D, along with the possible advantages and disadvantages
   52  of doing so.]
   53    S  3-e. Paragraph (g) of subdivision 3 of section 242 of the elder law
   54  is REPEALED.
       S. 2809                             7                            A. 4009
    1    S 3-f. Paragraph (h) of subdivision 3 of section 242 of the elder law,
    2  as added by section 3 of part B of chapter 58 of the laws  of  2007,  is
    3  amended to read as follows:
    4    (h)  [In  order  to maximize prescription drug coverage under Medicare
    5  part D, the] THE elderly pharmaceutical insurance  coverage  program  is
    6  authorized  to  represent  program participants under this title [in the
    7  pursuit of such] WITH RESPECT TO THEIR MEDICARE PART D  coverage.  [Such
    8  representation shall not result in any additional financial liability on
    9  behalf of such program participants and shall include, but not be limit-
   10  ed to, the following actions:
   11    (i)  application  for the premium and cost-sharing subsidies on behalf
   12  of eligible program participants;
   13    (ii) enrollment in a prescription drug plan or MA-PD plan; the elderly
   14  pharmaceutical insurance coverage program shall provide program  partic-
   15  ipants with prior written notice of, and the opportunity to decline such
   16  facilitated  enrollment subject, however, to the provisions of paragraph
   17  (f) of this subdivision;
   18    (iii) pursuit of appeals, grievances, or coverage determinations.]
   19    S 3-g. Section 243 of the elder law is amended to read as follows:
   20    S 243. Pharmaceutical insurance contract. 1. The  [elderly  pharmaceu-
   21  tical  insurance  coverage  panel,  established  pursuant to section two
   22  hundred forty-four of this title] COMMISSIONER OF HEALTH shall,  subject
   23  to  the  approval  of  the director of the budget, enter into a contract
   24  with one or more contractors to assist in carrying out the provisions of
   25  this title. Such contractual arrangements shall be  made  subject  to  a
   26  competitive  process  pursuant to the state finance law and shall ensure
   27  that state  payments  for  the  contractor's  necessary  and  legitimate
   28  expenses  for  the  administration  of  this  program are limited to the
   29  amount specified in advance, and that such payments shall not exceed the
   30  amount appropriated therefor in any fiscal year. The [panel] COMMISSION-
   31  ER shall[, at each of its  regularly  scheduled  meetings,]  review  the
   32  contract  pricing  provisions  to  assure  that  the  level  of contract
   33  payments are in the best interest of the state, giving consideration  to
   34  the total level of participant enrollment achieved, the volume of claims
   35  processed, and such other factors as may be relevant in order to contain
   36  state  expenditures.  In  the event that the [panel] COMMISSIONER deter-
   37  mines that the contract payment provisions do not protect  the  interest
   38  of  the  state,  the  [executive  director]  COMMISSIONER shall initiate
   39  contract negotiations for the purpose  of  modifying  contract  payments
   40  and/or scope requirements.
   41    2.  The  responsibilities  of  the  contractor  or  contractors  shall
   42  include, but need not be limited to:
   43    (a) providing for a method of determining, on an annual basis and upon
   44  their application therefor,  the  eligibility  of  persons  pursuant  to
   45  section  two  hundred forty-two of this title within a reasonable period
   46  of time, including alternative methods for such determination of  eligi-
   47  bility, such as through the mail or home visits, where reasonable and/or
   48  necessary,  and  for  notifying  applicants of such eligibility determi-
   49  nations;
   50    (b) notifying each eligible program participant in  writing  upon  the
   51  commencement  of  the annual coverage period of such participant's cost-
   52  sharing responsibilities pursuant  to  [sections]  SECTION  two  hundred
   53  forty-seven  [and two hundred forty-eight] of this title. The contractor
   54  shall also notify each eligible program participant of any adjustment of
   55  the co-payment schedule by mail no less than thirty days  prior  to  the
       S. 2809                             8                            A. 4009
    1  effective  date  of  such  adjustments  and  shall  inform such eligible
    2  program participants of the date such adjustments shall take effect;
    3    (c)  issuing  an  identification card to each ELIGIBLE program partic-
    4  ipant [who is eligible to  purchase  prescribed  covered  drugs  for  an
    5  amount  specified  pursuant  to subdivision three of section two hundred
    6  forty-seven or subdivision three of section two hundred  forty-eight  of
    7  this  title.  The dates of the annual coverage period shall be imprinted
    8  on the card. When an  eligible  program  participant  meets  the  annual
    9  limits  on  point  of  sale co-payments set forth in subdivision four of
   10  section two hundred forty-seven  or  subdivision  four  of  section  two
   11  hundred forty-eight of this title, either new identification cards shall
   12  be  issued  to  such  participant  indicating  waiver of such co-payment
   13  requirements for the remainder of the  annual  coverage  period  or  the
   14  contractor  shall  develop and implement an alternative method to permit
   15  the purchase of covered drugs without a co-payment requirement];
   16    (d) [developing and implementing  the  system  for  those  individuals
   17  electing  the  deductible  option  to record their personal covered drug
   18  expenditures in accordance with subdivision three of section two hundred
   19  forty-eight of this title. Such recordkeeping system shall  be  provided
   20  to  each  such participant at a nominal charge which shall be subject to
   21  the approval of the panel. The contractor shall also  reimburse  partic-
   22  ipants  for  personal  covered drug expenditures made in excess of their
   23  deductible requirements, less the co-payments  required  by  subdivision
   24  four  of  section  two  hundred forty-eight of this title, made prior to
   25  their receipt of an identification card issued in accordance with  para-
   26  graph (c) of this subdivision;
   27    (e)]  processing of claims for reimbursement to participating provider
   28  pharmacies pursuant to section two hundred fifty of this title;
   29    [(f)] (E) performing or causing to be  performed  utilization  reviews
   30  for  such  purposes  as  may  be required by the [elderly pharmaceutical
   31  insurance coverage panel] COMMISSIONER OF HEALTH;
   32    [(g)] (F) conducting audits  and  surveys  of  participating  provider
   33  pharmacies  as  specified  pursuant  to  the terms and conditions of the
   34  contract; and
   35    [(h)] (G) coordinating coverage with  insurance  companies  and  other
   36  public and private organizations offering such coverage for those eligi-
   37  ble  program  participants  having  partial  coverage  for covered drugs
   38  through third-party sources, and providing for recoupment of any  dupli-
   39  cate  reimbursement paid by the state on behalf of such eligible program
   40  participants.
   41    3. The contractor or contractors shall be  required  to  provide  such
   42  reports as may be deemed necessary by the [elderly pharmaceutical insur-
   43  ance  coverage panel] COMMISSIONER OF HEALTH and shall maintain files in
   44  a manner and format approved by the [executive director] COMMISSIONER.
   45    4. The contractor or contractors may contract  with  private  not-for-
   46  profit or proprietary corporations, or with entities of local government
   47  within  the  state  of  New  York,  to  perform  such obligations of the
   48  contractor or  contractors  as  the  [elderly  pharmaceutical  insurance
   49  coverage panel] COMMISSIONER OF HEALTH shall permit.
   50    S  3-h. Section 244 of the elder law is REPEALED and a new section 244
   51  is added to read as follows:
   52    S 244. POWERS OF THE COMMISSIONER  OF  HEALTH.    THE  POWERS  OF  THE
   53  COMMISSIONER  OF  HEALTH  IN  ADMINISTERING  THE  ELDERLY PHARMACEUTICAL
   54  INSURANCE COVERAGE PROGRAM SHALL INCLUDE  BUT  NOT  BE  LIMITED  TO  THE
   55  FOLLOWING:
       S. 2809                             9                            A. 4009
    1    1. SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, PROMULGATING
    2  PROGRAM  REGULATIONS  PURSUANT  TO SECTION TWO HUNDRED FORTY-SIX OF THIS
    3  TITLE;
    4    2. DETERMINING THE ANNUAL SCHEDULE OF COST-SHARING RESPONSIBILITIES OF
    5  ELIGIBLE PROGRAM PARTICIPANTS PURSUANT TO SECTION TWO HUNDRED FORTY-SEV-
    6  EN OF THIS TITLE;
    7    3. ENTERING INTO CONTRACTS PURSUANT TO SECTION TWO HUNDRED FORTY-THREE
    8  OF THIS TITLE;
    9    4. IMPLEMENTING ALTERNATIVE PROGRAM IMPROVEMENTS FOR THE EFFICIENT AND
   10  EFFECTIVE  OPERATION OF THE PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF
   11  THIS TITLE;
   12    5. ESTABLISHING OR  CONTRACTING  FOR  A  THERAPEUTIC  DRUG  MONITORING
   13  PROGRAM,  FOR THE PURPOSE OF MONITORING THERAPEUTIC DRUG USE BY ELIGIBLE
   14  PROGRAM PARTICIPANTS IN AN EFFORT TO PREVENT THE INCORRECT  OR  UNNECES-
   15  SARY CONSUMPTION OF SUCH THERAPEUTIC DRUGS.
   16    S  3-i. The section heading of section 247 of the elder law is amended
   17  to read as follows:
   18    Cost-sharing responsibilities of eligible  program  participants  [for
   19  comprehensive coverage].
   20    S 3-j. Subdivision 1 of section 247 of the elder law is REPEALED and a
   21  new subdivision 1 is added to read as follows:
   22    1.  AS  A  CONDITION  OF  ELIGIBILITY  FOR  BENEFITS UNDER THIS TITLE,
   23  PARTICIPANTS MUST MAINTAIN MEDICARE PART  D  COVERAGE  AND  PAY  MONTHLY
   24  PREMIUMS TO THEIR MEDICARE PART D DRUG PLAN.
   25    S  3-k.  Subdivisions  2  and  4  of  section 247 of the elder law are
   26  REPEALED and subdivision 3 is renumbered subdivision 2 and paragraph (a)
   27  is amended to read as follows:
   28    (a) [Upon satisfaction  of  the  registration  fee  pursuant  to  this
   29  section  an  eligible]  A  program  participant must pay a point of sale
   30  co-payment as set forth in paragraph (b) of this subdivision at the time
   31  of each purchase of a [covered] drug prescribed for such individual THAT
   32  IS DESCRIBED IN PARAGRAPH  (C)  OF  SUBDIVISION  THREE  OF  SECTION  TWO
   33  HUNDRED  FORTY-TWO  OF THIS TITLE.  [Such co-payment shall not be waived
   34  or reduced in whole or in part, subject to the limits provided by subdi-
   35  vision four of this section.]
   36    S 3-l. Section 248 of the elder law is REPEALED.
   37    S 3-m. Section 250 of the elder law, paragraph (a) of subdivision 1 as
   38  amended by section 6-a and subparagraph l of paragraph (b)  of  subdivi-
   39  sion  1  as  amended by section 1 of part A of chapter 58 of the laws of
   40  2008, paragraph (b) of subdivision 1 as amended by section 17 of part  A
   41  of  chapter  58  of the laws of 2004, subparagraph 1 of paragraph (a) of
   42  subdivision 3 and subdivision 5 as amended by section 19 of  part  B  of
   43  chapter 57 of the laws of 2006, subdivision 6 as amended by section 19-a
   44  of  part  A  of  chapter  109 of the laws of 2010, is amended to read as
   45  follows:
   46    S 250. Reimbursement to  participating  provider  pharmacies.  1.  The
   47  amount  of  reimbursement  which shall be paid by the state to a partic-
   48  ipating provider pharmacy [for any covered drug filled or  refilled  for
   49  any  eligible  program  participant] FILLING OR REFILLING A PRESCRIPTION
   50  FOR A DRUG THAT IS DESCRIBED IN PARAGRAPH (C) OF  SUBDIVISION  THREE  OF
   51  SECTION  TWO  HUNDRED  FORTY-TWO  OF  THIS  TITLE  shall be equal to the
   52  allowed amount defined as follows, minus the point of sale co-payment as
   53  required by [sections] SECTION two hundred forty-seven [and two  hundred
   54  forty-eight] of this title:
       S. 2809                            10                            A. 4009
    1    (a)  Multiple  source  covered drugs. Except for brand name drugs that
    2  are required by the prescriber to be dispensed as written,  the  allowed
    3  amount for a multiple source covered drug shall equal the lower of:
    4    (1)  The  pharmacy's usual and customary charge to the general public,
    5  taking into consideration any quantity and promotional discounts to  the
    6  general public at the time of purchase, or
    7    (2) The upper limit, if any, set by the centers for medicare and medi-
    8  caid services for such multiple source drug, or
    9    (3) Average wholesale price discounted by twenty-five percent, or
   10    (4) The maximum allowable cost, if any, established by the commission-
   11  er  of  health  pursuant to paragraph (e) of subdivision nine of section
   12  three hundred sixty-seven-a of the social services law.
   13    Plus a dispensing fee for drugs reimbursed pursuant  to  subparagraphs
   14  two,  three,  and four of this paragraph, as defined in paragraph (c) of
   15  this subdivision.
   16    (b) Other covered drugs. The  allowed  amount  for  brand  name  drugs
   17  required  by  the  prescriber to be dispensed as written and for covered
   18  drugs other than multiple source drugs shall be determined  by  applying
   19  the lower of:
   20    (1)  Average wholesale price discounted by sixteen and twenty-five one
   21  hundredths percent, plus a dispensing fee as defined in paragraph (c) of
   22  this subdivision, or
   23    (2) The pharmacy's usual and customary charge to the  general  public,
   24  taking  into consideration any quantity and promotional discounts to the
   25  general public at the time of purchase.
   26    (c) As required by paragraphs (a)  and  (b)  of  this  subdivision,  a
   27  dispensing  fee  of four dollars fifty cents will apply to generic drugs
   28  and a dispensing fee of three dollars fifty cents will  apply  to  brand
   29  name drugs.
   30    2. For purposes of determining the amount of reimbursement which shall
   31  be  paid  to a participating provider pharmacy, the [panel] COMMISSIONER
   32  OF HEALTH shall determine or cause to be determined, through  a  statis-
   33  tically  valid  survey, the quantities of each covered drug that partic-
   34  ipating provider pharmacies buy most frequently.  Using  the  result  of
   35  this  survey,  the contractor shall update every thirty days the list of
   36  average wholesale prices upon which  such  reimbursement  is  determined
   37  using  nationally  recognized  and  most  recently revised sources. Such
   38  price revisions shall be made available to  all  participating  provider
   39  pharmacies.  The  pharmacist  shall  be reimbursed based on the price in
   40  effect at the time the covered drug is dispensed.
   41    3. [(a) Notwithstanding any inconsistent provision of law, the program
   42  for  elderly  pharmaceutical  insurance  coverage  shall  reimburse  for
   43  covered  drugs which are dispensed under the program by a provider phar-
   44  macy only pursuant to the  terms  of  a  rebate  agreement  between  the
   45  program  and  the  manufacturer  (as  defined  under section 1927 of the
   46  federal social security act) of such covered drugs;  provided,  however,
   47  that:
   48    (1)  any agreement between the program and a manufacturer entered into
   49  before August first, nineteen hundred ninety-one,  shall  be  deemed  to
   50  have  been entered into on April first, nineteen hundred ninety-one; and
   51  provided further, that if a manufacturer has not entered into an  agree-
   52  ment  with  the department before August first, nineteen hundred ninety-
   53  one, such agreement shall not be effective until April  first,  nineteen
   54  hundred  ninety-two, unless such agreement provides that rebates will be
   55  retroactively calculated as if the agreement had been in effect on April
   56  first, nineteen hundred ninety-one; and
       S. 2809                            11                            A. 4009
    1    (2) the program may reimburse for any covered drugs pursuant to subdi-
    2  visions one and two of this section, for which a rebate  agreement  does
    3  not  exist and which are determined by the elderly pharmaceutical insur-
    4  ance coverage panel to be essential to the health of persons participat-
    5  ing in the program; and likely to provide effective therapy or diagnosis
    6  for  a  disease not adequately treated or diagnosed by any other covered
    7  drug; and which are recommended  for  reimbursement  by  the  panel  and
    8  approved by the commissioner of health.
    9    (b) The rebate agreement between such manufacturer and the program for
   10  elderly  pharmaceutical  insurance  coverage  shall  utilize for covered
   11  drugs the identical formula used to determine  the  rebate  for  federal
   12  financial  participation  for  drugs, pursuant to section 1927(c) of the
   13  federal social security act, to  determine  the  amount  of  the  rebate
   14  pursuant to this subdivision.
   15    (c) The amount of rebate pursuant to paragraph (b) of this subdivision
   16  shall  be  calculated by multiplying the required rebate formulas by the
   17  total number of units of each dosage form and  strength  dispensed.  The
   18  rebate  agreement shall also provide for periodic payment of the rebate,
   19  provision of information to the program, audits, verification  of  data,
   20  damages to the program for any delay or non-production of necessary data
   21  by the manufacturer and for the confidentiality of information.
   22    (d)  The  program  in providing utilization data to a manufacturer (as
   23  provided for under section 1927 (b) of the federal social security  act)
   24  shall  provide  such  data  by zip code, if requested, for the top three
   25  hundred most commonly used drugs by volume covered under a rebate agree-
   26  ment.
   27    (e) Any funds collected pursuant to any rebate agreements entered into
   28  with a manufacturer pursuant to this  subdivision,  shall  be  deposited
   29  into  the  elderly  pharmaceutical  insurance  coverage  program premium
   30  account.
   31    4.] Notwithstanding any other provision of law, entities  which  offer
   32  insurance  coverage for provision of and/or reimbursement for pharmaceu-
   33  tical   expenses,   including   but    not    limited    to,    entities
   34  licensed/certified  pursuant  to  article  thirty-two, forty-two, forty-
   35  three or forty-four of the insurance law (employees  welfare  funds)  or
   36  article  forty-four  of  the  public  health law, shall participate in a
   37  benefit recovery  program  with  the  elderly  pharmaceutical  insurance
   38  coverage  (EPIC)  program which includes, but is not limited to, a semi-
   39  annual match of EPIC's file of enrollees against the  entity's  file  of
   40  insured  to identify individuals enrolled in both plans with claims paid
   41  within the twenty-four months preceding the date the entity receives the
   42  match request information from EPIC. Such entity shall indicate if phar-
   43  maceutical coverage  is  available  from  the  entity  for  the  insured
   44  persons,  list the copayment or other payment obligations of the insured
   45  persons applicable to the pharmaceutical coverage, and (after  receiving
   46  necessary claim information from EPIC) list the amounts which the entity
   47  would have paid for the pharmaceutical claims for those identified indi-
   48  viduals  and the entity shall reimburse EPIC for pharmaceutical expenses
   49  paid by EPIC that are covered under the contract between the entity  and
   50  its  insured  in  only  those instances where the entity has not already
   51  made payment of the claim.  Reimbursement  of  the  net  amount  payable
   52  (after rebates and discounts) that would have been paid under the cover-
   53  age issued by the entity will be made by the entity to EPIC within sixty
   54  days  of  receipt  from  EPIC  of the standard data in electronic format
   55  necessary for the entity to adjudicate the claim  and  if  the  standard
   56  data  is  provided  to the entity by EPIC in paper format payment by the
       S. 2809                            12                            A. 4009
    1  entity shall be made within one hundred eighty days.   After  completing
    2  at  least  one  match  process with EPIC in electronic format, an entity
    3  shall be entitled to elect a monthly or bi-monthly match process  rather
    4  than a semi-annual match process.
    5    [5.]  4.  Notwithstanding  any  other  provision  of  law, the [panel]
    6  COMMISSIONER OF HEALTH shall maximize the coordination of  benefits  for
    7  persons  enrolled  under  Title XVIII of the federal social security act
    8  (medicare) and enrolled under this title in order to facilitate medicare
    9  payment of claims. The [panel] COMMISSIONER  OF  HEALTH  may  select  an
   10  independent  contractor,  through  a  request-for-proposal  process,  to
   11  implement a centralized  coordination  of  benefits  system  under  this
   12  subdivision for individuals qualified in both the elderly pharmaceutical
   13  insurance  coverage  (EPIC)  program  and  medicare programs who receive
   14  medications or other covered products from a pharmacy provider currently
   15  enrolled  in  the  elderly  pharmaceutical  insurance  coverage   (EPIC)
   16  program.
   17    [6.  (a)]  5.  The  EPIC program shall be the payor of last resort for
   18  individuals qualified in both the EPIC program and title  XVIII  of  the
   19  federal  social  security  act  (Medicare).  [For  such  individuals, no
   20  reimbursement shall be available under EPIC for  covered  drug  expenses
   21  except:
   22    (i) where a prescription drug plan authorized by Part D of the federal
   23  social  security act (referred to in this subdivision as a Medicare Part
   24  D plan) has approved coverage and EPIC  has  an  obligation  under  this
   25  title  to pay a portion of the participant's cost-sharing responsibility
   26  under Medicare Part D; or
   27    (ii) where the provider pharmacy has certified that a Medicare Part  D
   28  plan has denied coverage.
   29    (b)  If  the  provider pharmacy certifies as set forth in subparagraph
   30  (ii) of paragraph (a) of this subdivision, the EPIC  program  shall  pay
   31  for  the drug as the primary payor upon a showing of compliance with the
   32  notification and appeal provisions of subparagraph two of paragraph  (c)
   33  of subdivision three of section two hundred forty-two of this title.]
   34    S 3-n. Section 254 of the elder law is amended to read as follows:
   35    S  254.  Cost  of living adjustment. [1.] Within amounts appropriated,
   36  the [panel] COMMISSIONER OF HEALTH shall adjust the program  eligibility
   37  standards  set  forth  in  subdivision  [two] ONE of section two hundred
   38  forty-two of this title to account for increases in the cost of living.
   39    [2. The panel shall further adjust individual and joint income catego-
   40  ries set forth in subdivisions two  and  four  of  section  two  hundred
   41  forty-eight of this title to conform to the adjustments made pursuant to
   42  subdivision one of this section.]
   43    S  4. Notwithstanding any contrary provision of law, rates established
   44  pursuant to section 69-4.30 of Title 10 of the New York Codes, Rules and
   45  Regulations for approved services rendered on and after  April  1,  2011
   46  shall be reduced by ten percent.
   47    S  5.  Paragraph  (a)  of  subdivision 3 of section 2559 of the public
   48  health law, as amended by chapter 231 of the laws of 1993, is amended to
   49  read as follows:
   50    (a) [Providers] EXCEPT AS PROVIDED IN SUBPARAGRAPH (I) OF  THIS  PARA-
   51  GRAPH,  PROVIDERS  of  early  intervention  services  and transportation
   52  services shall in the first instance and where applicable, seek  payment
   53  from  all  third  party  payors including governmental agencies prior to
   54  claiming payment from a given  municipality  for  services  rendered  to
   55  eligible  children,  provided  that,  for the purpose of seeking payment
   56  from the medical assistance program or from other  third  party  payors,
       S. 2809                            13                            A. 4009
    1  the municipality shall be deemed the provider of such early intervention
    2  services  to  the extent that the provider has promptly furnished to the
    3  municipality adequate and complete information necessary to support  the
    4  municipality  billing,  and provided further that the obligation to seek
    5  payment shall not apply to a payment from a third party payor who is not
    6  prohibited from applying such payment, and will apply such  payment,  to
    7  an annual or lifetime limit specified in the insured's policy.
    8    (I)  EARLY INTERVENTION PROGRAM PROVIDERS WHO RECEIVED PAYMENT OF FIVE
    9  HUNDRED THOUSAND DOLLARS OR MORE AS DETERMINED PURSUANT TO  SUBPARAGRAPH
   10  (II)  OF  THIS  PARAGRAPH  FOR  EARLY  INTERVENTION SERVICES PROVIDED TO
   11  ELIGIBLE CHILDREN THAT WERE COVERED SERVICES UNDER THE  MEDICAL  ASSIST-
   12  ANCE  PROGRAM,  SHALL  IN  THE  FIRST INSTANCE AND WHERE AVAILABLE, SEEK
   13  PAYMENT FROM THE MEDICAL ASSISTANCE PROGRAM OR AN  INSURANCE  POLICY  OR
   14  HEALTH  BENEFIT  PLAN  FOR THOSE CHILDREN COVERED UNDER BOTH THE MEDICAL
   15  ASSISTANCE PROGRAM AND AN INSURANCE POLICY OR HEALTH BENEFIT PLAN, PRIOR
   16  TO CLAIMING PAYMENT FROM A MUNICIPALITY FOR SERVICES  RENDERED  TO  SUCH
   17  CHILDREN;
   18    (II) THE COMMISSIONER SHALL DETERMINE WHICH PROVIDERS RECEIVED PAYMENT
   19  OF FIVE HUNDRED THOUSAND DOLLARS OR MORE FOR EARLY INTERVENTION SERVICES
   20  THAT  WERE  COVERED  UNDER THE MEDICAL ASSISTANCE PROGRAM BASED UPON THE
   21  MOST RECENT YEAR FOR WHICH COMPLETE INFORMATION EXISTS. THE COMMISSIONER
   22  SHALL NOTIFY A PROVIDER AT LEAST THIRTY  DAYS  PRIOR  TO  THE  DATE  THE
   23  PROVIDER  SHALL  BE  REQUIRED  TO  BILL  FOR SERVICES IN ACCORDANCE WITH
   24  SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   25    (III) PARENTS SHALL PROVIDE AND THE MUNICIPALITY SHALL OBTAIN INFORMA-
   26  TION ON ANY PLAN OF INSURANCE UNDER WHICH AN ELIGIBLE CHILD  HAS  COVER-
   27  AGE.
   28    S 6. Intentionally omitted.
   29    S 7. Intentionally omitted.
   30    S 8. Intentionally omitted.
   31    S 9. Intentionally omitted.
   32    S 10. Intentionally omitted.
   33    S  11.  Section  3235-a of the insurance law, as added by section 3 of
   34  part C of chapter 1 of the laws of 2002, is amended to read as follows:
   35    S 3235-a. Payment for early intervention services. (a)  No  policy  of
   36  accident  and  health  insurance, including contracts issued pursuant to
   37  article forty-three of this chapter, shall exclude coverage  for  other-
   38  wise  covered  services solely on the basis that the services constitute
   39  early intervention program services under title two-A of  article  twen-
   40  ty-five of the public health law.
   41    (b)  Where  a  policy  of  accident  and health insurance, including a
   42  contract  issued  pursuant  to  article  forty-three  of  this  chapter,
   43  provides  coverage  for  [an]  A  SERVICE THAT IS PROVIDED TO AN INSURED
   44  UNDER THE early intervention program service, such coverage shall not be
   45  applied against any maximum annual or lifetime monetary limits set forth
   46  in such policy or contract. Visit limitations and other terms and condi-
   47  tions of the policy will continue to apply to COVERED SERVICES  PROVIDED
   48  UNDER  THE  early  intervention  [services] PROGRAM. However, any visits
   49  used for early intervention program services shall not reduce the number
   50  of visits otherwise available under the  policy  or  contract  for  such
   51  services.  WHERE A SERVICE PROVIDED TO AN INSURED UNDER THE EARLY INTER-
   52  VENTION  PROGRAM  IS  A  COVERED  SERVICE  UNDER THE INSURER'S POLICY OR
   53  CONTRACT, THE INDIVIDUALIZED FAMILY SERVICES PLAN AS DEFINED IN  SECTION
   54  TWENTY-FIVE  HUNDRED FORTY-ONE OF THE PUBLIC HEALTH LAW AND CERTIFIED BY
   55  THE EARLY INTERVENTION OFFICIAL OR SUCH OFFICIAL'S  DESIGNEE,  SHALL  BE
   56  DEEMED TO MEET ANY PRECERTIFICATION, PREAUTHORIZATION AND MEDICAL NECES-
       S. 2809                            14                            A. 4009
    1  SITY  REQUIREMENTS  IMPOSED  ON  BENEFITS  UNDER THE POLICY OR CONTRACT,
    2  PROVIDED, HOWEVER, THAT THE EARLY INTERVENTION OFFICIAL SHALL REMOVE  OR
    3  REDACT  ANY INFORMATION CONTAINED ON THE INSURED'S INDIVIDUALIZED FAMILY
    4  SERVICE  PLAN  THAT IS NOT REQUIRED BY THE INSURER FOR PAYMENT PURPOSES.
    5  PAYMENT FOR A SERVICE COVERED UNDER  THE  POLICY  OR  CONTRACT  THAT  IS
    6  PROVIDED  UNDER  THE EARLY INTERVENTION PROGRAM SHALL BE AT RATES ESTAB-
    7  LISHED BY THE COMMISSIONER OF HEALTH FOR SUCH SERVICE PURSUANT TO  REGU-
    8  LATIONS.
    9    (c)  NO  INSURER, INCLUDING A HEALTH MAINTENANCE ORGANIZATION ISSUED A
   10  CERTIFICATE OF AUTHORITY UNDER ARTICLE FORTY-FOUR OF THE  PUBLIC  HEALTH
   11  LAW  AND A CORPORATION ORGANIZED UNDER ARTICLE FORTY-THREE OF THIS CHAP-
   12  TER SHALL DENY PAYMENT OF A CLAIM SUBMITTED FOR A SERVICE COVERED  UNDER
   13  THE  INSURER'S  POLICY  OR  CONTRACT AND PROVIDED UNDER THE EARLY INTER-
   14  VENTION PROGRAM BASED UPON THE FOLLOWING:
   15    (I) THE LOCATION WHERE SERVICES ARE PROVIDED;
   16    (II) THE DURATION OF THE INSURED'S CONDITION  OR  THAT  THE  INSURED'S
   17  CONDITION  IS  NOT  AMENABLE TO SIGNIFICANT IMPROVEMENT WITHIN A CERTAIN
   18  PERIOD OF TIME AS SPECIFIED IN THE POLICY OR CONTRACT;
   19    (III) THAT THE PROVIDER OF SERVICES IS NOT A PARTICIPATING PROVIDER IN
   20  THE INSURER'S NETWORK; OR
   21    (IV) THE ABSENCE OF A PRIMARY CARE REFERRAL.
   22    (D) Any right of subrogation to benefits which a municipality is enti-
   23  tled in accordance with paragraph (d) of subdivision  three  of  section
   24  twenty-five  hundred  fifty-nine of the public health law shall be valid
   25  and enforceable to the extent benefits are available under any  accident
   26  and health insurance policy. The right of subrogation does not attach to
   27  insurance benefits paid or provided under any accident and health insur-
   28  ance  policy  prior to receipt by the insurer of written notice from the
   29  municipality.  UPON THE INSURER'S RECEIPT OF  WRITTEN  NOTICE  FROM  THE
   30  MUNICIPALITY THE INSURER SHALL PROVIDE THE MUNICIPALITY WITH INFORMATION
   31  ON THE EXTENT OF BENEFITS AVAILABLE TO AN INSURED UNDER THE POLICY.
   32    [(d)]  (E)  No  insurer,  including  a health maintenance organization
   33  issued a certificate of authority under article forty-four of the public
   34  health law and a corporation organized under article forty-three of this
   35  chapter, shall refuse to issue an accident and health  insurance  policy
   36  or  contract  or refuse to renew an accident and health insurance policy
   37  or contract  solely  because  the  applicant  or  insured  is  receiving
   38  services under the early intervention program.
   39    S  12.  Subdivisions  4 and 5 of section 2545 of the public health law
   40  are REPEALED and subdivisions 6, 7, 8 and 9 are renumbered  subdivisions
   41  4, 5, 6 and 7.
   42    S  13.  Paragraph  (b)  of  subdivision 2 of section 605 of the public
   43  health law is REPEALED.
   44    S 14. The public health law is amended by adding a new section 212  to
   45  read as follows:
   46    S 212. LOCAL COMPETITIVE PERFORMANCE GRANT PROGRAM FOR PRIORITY HEALTH
   47  INITIATIVES.  1.  THERE  IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE
   48  LOCAL COMPETITIVE PERFORMANCE GRANT PROGRAM FOR PRIORITY  HEALTH  INITI-
   49  ATIVES  TO  ADDRESS EMERGING OR ONGOING PUBLIC HEALTH MATTERS AND PURSUE
   50  INNOVATIONS IN PUBLIC HEALTH.
   51    2. WITHIN AMOUNTS APPROPRIATED THEREFOR, THE COMMISSIONER  IS  AUTHOR-
   52  IZED  TO MAKE GRANTS TO AND ENTER INTO CONTRACTS WITH PUBLIC, NON-PROFIT
   53  OR PRIVATE ENTITIES FOR PURPOSES WHICH MAY INCLUDE, BUT ARE NOT  LIMITED
   54  TO,  MINORITY  HEALTH-RELATED INITIATIVES, REPRODUCTIVE HEALTH SERVICES,
   55  DISEASE-SPECIFIC PURPOSES, AND OTHER HEALTH-RELATED  RESEARCH,  OUTREACH
   56  AND  EDUCATION PURPOSES. SUCH GRANTS SHALL BE AWARDED UNDER THIS SECTION
       S. 2809                            15                            A. 4009
    1  ON A COMPETITIVE BASIS PURSUANT TO A  REQUEST  FOR  APPLICATION/PROPOSAL
    2  PROCESS, IN THE NUMBER, AMOUNTS AND MANNER DETERMINED BY THE COMMISSION-
    3  ER, PURSUANT TO CRITERIA DETERMINED BY THE COMMISSIONER.
    4    3.  THE COMMISSIONER MAY PROMULGATE REGULATIONS, INCLUDING ON AN EMER-
    5  GENCY BASIS, AS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
    6    S 15. The elder law is amended by adding a new section 224 to read  as
    7  follows:
    8    S 224. LOCAL COMPETITIVE PERFORMANCE GRANT PROGRAM FOR PRIORITY INITI-
    9  ATIVES  IN  AGING.  1. THERE IS HEREBY ESTABLISHED WITHIN THE OFFICE THE
   10  LOCAL COMPETITIVE PERFORMANCE GRANT PROGRAM FOR PRIORITY INITIATIVES  IN
   11  AGING  TO  ADDRESS  EMERGING OR ONGOING MATTERS THAT AFFECT OLDER ADULTS
   12  AND PURSUING INNOVATIONS IN ASSISTING OLDER ADULTS.
   13    2. WITHIN AMOUNTS APPROPRIATED THEREFOR, THE DIRECTOR IS AUTHORIZED TO
   14  MAKE GRANTS TO AND ENTER  INTO  CONTRACTS  WITH  PUBLIC,  NON-PROFIT  OR
   15  PRIVATE  ENTITIES.  SUCH GRANTS SHALL BE AWARDED UNDER THIS SECTION ON A
   16  COMPETITIVE BASIS PURSUANT TO A REQUEST FOR  APPLICATION/PROPOSAL  PROC-
   17  ESS,  IN  THE  NUMBER,  AMOUNTS  AND  MANNER DETERMINED BY THE DIRECTOR,
   18  PURSUANT TO CRITERIA DETERMINED BY THE DIRECTOR.
   19    3. THE DIRECTOR MAY PROMULGATE REGULATIONS, INCLUDING ON AN  EMERGENCY
   20  BASIS, AS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   21    S 16. Paragraph (fff) of subdivision 1 of section 2807-v of the public
   22  health  law, as amended by section 5 of part B of chapter 58 of the laws
   23  of 2008, is amended to read as follows:
   24    (fff) Funds shall be made available to the empire state stem cell fund
   25  established by section ninety-nine-p of the state finance law [from  the
   26  public  asset  as  defined in section four thousand three hundred one of
   27  the insurance law and accumulated from the conversion  of  one  or  more
   28  article forty-three corporations and its or their not-for-profit subsid-
   29  iaries  occurring  on  or after January first, two thousand seven.  Such
   30  funds shall be made available] within amounts appropriated up  to  fifty
   31  million  dollars  annually  and  shall  not  exceed five hundred million
   32  dollars in total.
   33    S 17.  Intentionally Omitted.
   34    S 18. Subdivision 3 of section  571  of  the  public  health  law,  as
   35  amended  by  chapter  436  of  the  laws  of 1993, is amended to read as
   36  follows:
   37    3. "Reference system" means a system of [periodic testing]  ASSESSMENT
   38  of  methods, procedures and materials of clinical laboratories and blood
   39  banks, including, but not  limited  to,  ONGOING  VALIDATION  WHICH  MAY
   40  INCLUDE  DIRECT  TESTING  AND  EXPERIMENTATION BY THE DEPARTMENT OF SUCH
   41  METHODS, PROCEDURES AND  MATERIALS,  the  distribution  of  [manuals  of
   42  approved  methods]  STANDARDS  AND GUIDELINES, inspection of facilities,
   43  [cooperative research, and] periodic submission of  test  specimens  for
   44  examination,  AND RESEARCH CONDUCTED BY THE DEPARTMENT THAT INVOLVES THE
   45  STUDY OF NEW OR EXISTING METHODS, PROCEDURES AND MATERIALS IN THE  FIELD
   46  OF CLINICAL LABORATORY MEDICINE, AND SUCH OTHER ACTIVITIES AS MAY BE SET
   47  FORTH IN REGULATION.
   48    S 19. Subdivisions 1, 2 and 6 of section 575 of the public health law,
   49  as  amended  by  chapter 436 of the laws of 1993, are amended to read as
   50  follows:
   51    1. Application for a permit shall be made by the owner and the  direc-
   52  tor of the clinical laboratory or blood bank [upon forms provided by the
   53  department]  IN  A  MANNER  AND FORMAT PRESCRIBED BY THE DEPARTMENT. The
   54  application shall contain the name of the owner, the name of the  direc-
   55  tor,  the  procedures  or categories of procedures or services for which
   56  the permit is sought, the location or locations and physical description
       S. 2809                            16                            A. 4009
    1  of the facility or location or  locations  at  which  tests  are  to  be
    2  performed  or  at  which  a blood bank is to be operated, and such other
    3  information as the department may require.
    4    2.  A  permit  OR  PERMIT  CATEGORY shall not be issued unless a valid
    5  certificate of qualification in the category of procedures for which the
    6  permit is sought has  been  issued  to  the  director  pursuant  to  the
    7  provisions  of  section  five hundred seventy-three of this title, [and]
    8  unless ALL FEES AND OUTSTANDING PENALTIES, IF ANY, HAVE BEEN  PAID,  AND
    9  the  department  finds  that  the  clinical  laboratory or blood bank is
   10  competently staffed and properly equipped, and will be operated  in  the
   11  manner required by this title.
   12    6.  A  permit shall become void by a change in the director, owner, or
   13  location. A CATEGORY ON A PERMIT SHALL BECOME VOID BY A  CHANGE  IN  THE
   14  DIRECTOR  FOR THAT CATEGORY. The department may, pursuant to regulations
   15  adopted under this title, extend the date on which a permit OR  CATEGORY
   16  ON A PERMIT shall become void for a period not to exceed sixty days from
   17  the date of a change of the director, owner or location.  An application
   18  for  a  NEW  permit  [may]  MUST  be  made  [at any time,] in the manner
   19  provided by this section.
   20    S 20. Subdivision 3 and paragraphs (a), (b), (c) and (e)  of  subdivi-
   21  sion  4  of  section 576 of the public health law, as amended by chapter
   22  436 of the laws of 1993, are amended to read as follows:
   23    3. The department shall operate a reference system and shall prescribe
   24  standards for the PROPER OPERATION OF CLINICAL  LABORATORIES  AND  BLOOD
   25  BANKS  AND  FOR  THE examination of specimens. As part of such reference
   26  system, the department may REVIEW AND APPROVE TESTING METHODS  DEVELOPED
   27  OR  MODIFIED BY CLINICAL LABORATORIES AND BLOOD BANKS PRIOR TO THE TEST-
   28  ING METHODS BEING OFFERED IN THIS STATE, AND MAY require clinical  labo-
   29  ratories  and  blood  banks  to  analyze  test  samples submitted by the
   30  department and to report on the results of such analyses. The rules  and
   31  regulations  of  the department shall prescribe the REQUIREMENTS FOR THE
   32  PROPER OPERATION OF  A  CLINICAL  LABORATORY  OR  BLOOD  BANK,  FOR  THE
   33  APPROVAL  OF  METHODS  AND  THE  manner  in which proficiency testing or
   34  analyses of samples shall be performed and reports submitted. Failure to
   35  meet department standards FOR THE PROPER OPERATION OF A CLINICAL LABORA-
   36  TORY OR BLOOD BANK, INCLUDING THE CRITERIA FOR APPROVAL OF  METHODS,  OR
   37  FAILURE  TO  MAINTAIN  SATISFACTORY  PERFORMANCE  in proficiency testing
   38  shall result in termination of the permit in the category or  categories
   39  of testing established by the department in regulation until remediation
   40  is  achieved.  Such  standards shall be at least as stringent as federal
   41  standards promulgated under the federal clinical laboratory  improvement
   42  [act]  AMENDMENTS  of  nineteen  hundred  eighty-eight. Such failure and
   43  termination shall be subject to review in  accordance  with  regulations
   44  adopted by the department.
   45    (a) The department may adopt and amend rules and regulations to effec-
   46  tuate  the  provisions  and purposes of this title. Such rules and regu-
   47  lations shall establish [inspection and  reference]  fees  for  clinical
   48  laboratories  and  blood  banks in amounts not exceeding the cost of the
   49  [inspection and] reference [program] SYSTEM  for  clinical  laboratories
   50  and  blood banks and shall be subject to the approval of the director of
   51  the budget.  THE COMMISSIONER SHALL DETERMINE THE PROPER COST ALLOCATION
   52  METHOD TO UTILIZE TO DETERMINE THE COST OF THE REFERENCE SYSTEM. THE FEE
   53  PAID BY THE DEPARTMENT TO MAINTAIN AN EXEMPTION FOR  CLINICAL  LABORATO-
   54  RIES AND BLOOD BANKS FROM THE REQUIREMENTS OF THE FEDERAL CLINICAL LABO-
   55  RATORY  IMPROVEMENT AMENDMENTS OF NINETEEN HUNDRED EIGHTY-EIGHT SHALL BE
   56  DEEMED A COST OF THE REFERENCE SYSTEM.
       S. 2809                            17                            A. 4009
    1    (b) In determining the fee charges  to  be  assessed,  the  department
    2  shall,  on  or before May first of each year, compute the [total actual]
    3  costs for the preceding state fiscal year which were expended to operate
    4  and administer the duties of the department pursuant to this title.  The
    5  department  shall,  at such time or times and pursuant to such procedure
    6  as it shall determine by regulation, bill and collect from each clinical
    7  laboratory and blood bank an amount computed by multiplying  such  total
    8  computed  operating expenses of the department by a fraction the numera-
    9  tor of which is the gross annual receipts of such clinical laboratory or
   10  blood bank during such twelve month period preceding the date of  compu-
   11  tation  as the department shall designate by regulation, and the denomi-
   12  nator of which is the total gross annual receipts of all clinical  labo-
   13  ratories or blood banks operating in the state during such period.
   14    (c)  Each  such clinical laboratory and blood bank shall submit to the
   15  department, in such form  and  at  such  times  as  the  department  may
   16  require,  a  report  containing  information  regarding its gross annual
   17  receipts [from the performance of tests or examination of specimens] FOR
   18  ALL ACTIVITIES PERFORMED pursuant to a permit issued by  the  department
   19  in  accordance  with the provisions of section five hundred seventy-five
   20  of this title. The department may  require  additional  information  and
   21  audit and review such information to verify its accuracy.
   22    (e)  On  or  before  September  fifteenth of each year, the department
   23  shall [recompute the actual] RECONCILE ITS costs and  expenses  [of  the
   24  department] FOR THE REFERENCE SYSTEM for the preceding state fiscal year
   25  and  shall, on or before October fifteenth send to each clinical labora-
   26  tory and blood bank, a statement setting forth the amount due and  paya-
   27  ble by, or the amount computed to the credit of, such clinical laborato-
   28  ry  or  blood  bank,  computed on the basis of the above stated formula,
   29  except that for the purposes of such computation the fraction  shall  be
   30  multiplied against the total recomputed [actual] expenses of the depart-
   31  ment  for  such  fiscal  year. Any amount due shall be payable not later
   32  than thirty days following the date of such statement. Any credit  shall
   33  be applied against any succeeding payment due.
   34    S 21. Subdivision 1 of section 577 of the public health law is amended
   35  by adding a new paragraph (i) to read as follows:
   36    (I)  HAS BEEN FOUND UPON INSPECTION BY THE DEPARTMENT TO BE IN NONCOM-
   37  PLIANCE WITH A PROVISION OR PROVISIONS OF THIS TITLE OR  THE  RULES  AND
   38  REGULATIONS  PROMULGATED HEREUNDER, AND HAS FAILED TO ADDRESS SUCH FIND-
   39  INGS AS REQUIRED BY THE DEPARTMENT.
   40    S 22.  Intentionally Omitted.
   41    S 23.  Intentionally Omitted.
   42    S 24.  Intentionally Omitted.
   43    S 25.  Intentionally Omitted.
   44    S 25-a. Section 2818 of the public health law is amended by  adding  a
   45  new subdivision 6 to read as follows:
   46    6.  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF THIS SECTION, SECTIONS
   47  ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
   48  OR ANY OTHER CONTRARY PROVISION OF LAW, SUBJECT TO  AVAILABLE  APPROPRI-
   49  ATIONS,  FUNDS AVAILABLE FOR EXPENDITURE PURSUANT TO THIS SECTION MAY BE
   50  DISTRIBUTED BY THE COMMISSIONER WITHOUT A COMPETITIVE BID OR REQUEST FOR
   51  PROPOSAL PROCESS FOR GRANTS TO GENERAL HOSPITALS AND RESIDENTIAL  HEALTH
   52  CARE  FACILITIES  FOR  THE PURPOSE OF FACILITATING CLOSURES, MERGERS AND
   53  RESTRUCTURING OF SUCH FACILITIES IN  ORDER  TO  STRENGTHEN  AND  PROTECT
   54  CONTINUED ACCESS TO ESSENTIAL HEALTH CARE RESOURCES.
   55    S 26. Section 32 of part A of chapter 58 of the laws of 2008, amending
   56  the  elder  law  and  other laws relating to reimbursement to particular
       S. 2809                            18                            A. 4009
    1  provider pharmacies  and  prescription  drug  coverage,  as  amended  by
    2  section  20  of part OO of chapter 57 of the laws of 2008, is amended to
    3  read as follows:
    4    S  32.  This  act shall take effect immediately and shall be deemed to
    5  have been in full force and effect on and after April 1, 2008;  provided
    6  however,  that  sections  one, six-a, nineteen, twenty, twenty-four, and
    7  twenty-five of this act shall take effect July 1, 2008; [provided howev-
    8  er that sections sixteen, seventeen  and  eighteen  of  this  act  shall
    9  expire  April  1,  2011;] provided, however, that the amendments made by
   10  section twenty-eight of this act shall take effect on the same  date  as
   11  section  1  of  chapter  281  of the laws of 2007 takes effect; provided
   12  further, that sections twenty-nine, thirty, and thirty-one of  this  act
   13  shall  take effect October 1, 2008; provided further, that section twen-
   14  ty-seven of this act shall take effect January  1,  2009;  and  provided
   15  further,  that  section  twenty-seven  of  this  act shall expire and be
   16  deemed repealed March 31, 2011; and provided, further, however, that the
   17  amendments to subdivision 1 of section 241 of the education law made  by
   18  section  twenty-nine of this act shall not affect the expiration of such
   19  subdivision and shall be deemed to expire therewith  and  provided  that
   20  the  amendments  to section 272 of the public health law made by section
   21  thirty of this act shall not affect the repeal of such section and shall
   22  be deemed repealed therewith.
   23    S 27. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
   24  the public health law relating to allowing for the use of funds  of  the
   25  office  of  professional  medical  conduct for activities of the patient
   26  health information and quality improvement act of 2000,  as  amended  by
   27  chapter 21 of the laws of 2010, is amended to read as follows:
   28    S  4.  This  act  shall  take  effect  immediately;  provided that the
   29  provisions of section one of this act shall be deemed to  have  been  in
   30  full force and effect on and after April 1, 2003, and shall expire March
   31  31, [2011] 2013 when upon such date the provisions of such section shall
   32  be deemed repealed.
   33    S  28.  Paragraph (b) of subdivision 1 of section 76 of chapter 731 of
   34  the laws of 1993, amending the public health law and other laws relating
   35  to reimbursement, delivery and capital cost of  ambulatory  health  care
   36  services  and  inpatient  hospital services, as amended by section 14 of
   37  part A of chapter 58 of the laws of 2007, is amended to read as follows:
   38    (b) sections fifteen through nineteen and  subdivision  3  of  section
   39  2807-e  of  the public health law as added by section twenty of this act
   40  shall expire on [July 1, 2011] JULY 1, 2014, and section seventy-four of
   41  this act shall expire on July 1, 2007;
   42    S 29. Section 4 of chapter 505 of  the  laws  of  1995,  amending  the
   43  public  health  law  relating  to  the operation of department of health
   44  facilities, as amended by chapter 609 of the laws of 2007, is amended to
   45  read as follows:
   46    S 4. This act shall take effect immediately[; provided, however,  that
   47  the provisions of paragraph (b) of subdivision 4 of section 409-c of the
   48  public  health  law,  as  added by section three of this act, shall take
   49  effect January 1, 1996 and shall expire and be deemed  repealed  sixteen
   50  years from the effective date thereof].
   51    S  30.  Section 3 of chapter 303 of the laws of 1999, amending the New
   52  York state medical  care  facilities  finance  agency  act  relating  to
   53  financing  health  facilities,  as amended by chapter 607 of the laws of
   54  2007, is amended to read as follows:
   55    S 3. This act shall take effect immediately[, provided, however,  that
   56  subdivision 15-a of section 5 of section 1 of chapter 392 of the laws of
       S. 2809                            19                            A. 4009
    1  1973,  as  added  by section one of this act, shall expire and be deemed
    2  repealed June 30, 2011; and provided further, however, that the  expira-
    3  tion  and  repeal of such subdivision 15-a shall not affect or impair in
    4  any  manner any health facilities bonds issued, or any lease or purchase
    5  of a health facility executed, pursuant to such subdivision  15-a  prior
    6  to  its  expiration  and repeal and that, with respect to any such bonds
    7  issued and outstanding as of June  30,  2011,  the  provisions  of  such
    8  subdivision  15-a  as  they existed immediately prior to such expiration
    9  and repeal shall continue to apply through the latest maturity  date  of
   10  any  such bonds, or their earlier retirement or redemption, for the sole
   11  purpose of authorizing the issuance of refunding bonds to  refund  bonds
   12  previously issued pursuant thereto].
   13    S  31.  This  act  shall  take effect April 1, 2011, provided, however
   14  that:
   15    (a) section one of this act shall take effect July 1, 2011;
   16    (b) sections two through three-n of this act shall take effect January
   17  1, 2012;
   18    (c) section thirteen of this act shall take effect July 1, 2011; and
   19    (d) related to sections eighteen, nineteen, twenty and  twenty-one  of
   20  this  act, the commissioner of health is authorized to promulgate, on an
   21  emergency basis, any regulations necessary to implement any provision of
   22  such sections upon their effective date.
   23                                   PART B
   24    Section 1.   (a) Notwithstanding any inconsistent  provision  of  law,
   25  rule  or  regulation to the contrary, and subject to the availability of
   26  federal financial participation, effective for the period April 1,  2011
   27  through  March  31,  2012,  and  each  state fiscal year thereafter, the
   28  department  of  health  is  authorized  to  make  supplemental  Medicaid
   29  payments for professional services provided by physicians, nurse practi-
   30  tioners and physician assistants who are participating in a plan for the
   31  management  of clinical practice at the State University of New York, in
   32  accordance with title 11 of article 5 of the  social  services  law  for
   33  patients eligible for federal financial participation under title XIX of
   34  the  federal social security act, in amounts that will increase fees for
   35  such professional services to an amount equal to the average  commercial
   36  rate that would otherwise be received for such services rendered by such
   37  physicians,  nurse  practitioners  and  physician assistants. The calcu-
   38  lation of such supplemental fee payments shall  be  made  in  accordance
   39  with  applicable  federal law and regulation and subject to the approval
   40  of the division of the budget. Such supplemental Medicaid  fee  payments
   41  may  be  added  to  the professional fees paid under the fee schedule or
   42  made as aggregate lump sum payments to eligible clinical practice  plans
   43  authorized to receive professional fees.
   44    (b) The affiliated State University of New York health science centers
   45  shall  be responsible for payment of one hundred percent of the non-fed-
   46  eral share of such  supplemental  Medicaid  payments  for  all  services
   47  provided by physicians, nurse practitioners and physician assistants who
   48  are  participating in a plan for the management of clinical practice, in
   49  accordance with section 365-a of the social services law, regardless  of
   50  whether another social services district or the department of health may
   51  otherwise be responsible for furnishing medical assistance to the eligi-
   52  ble persons receiving such services.
   53    S  2.    Subdivision  21 of section 2807-c of the public health law is
   54  amended by adding a new paragraph (e-1) to read as follows:
       S. 2809                            20                            A. 4009
    1    (E-1) FOR PERIODS ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, FOR
    2  PURPOSES OF CALCULATIONS PURSUANT TO PARAGRAPHS  (B)  AND  (C)  OF  THIS
    3  SUBDIVISION  OF MAXIMUM DISPROPORTIONATE SHARE PAYMENT DISTRIBUTIONS FOR
    4  A RATE YEAR OR PART  THEREOF,  COSTS  INCURRED  OF  FURNISHING  HOSPITAL
    5  SERVICES NET OF MEDICAL ASSISTANCE PAYMENTS, OTHER THAN DISPROPORTIONATE
    6  SHARE  PAYMENTS,  AND  PAYMENTS  BY UNINSURED PATIENTS SHALL FOR THE TWO
    7  THOUSAND ELEVEN CALENDAR YEAR, SHALL BE DETERMINED  INITIALLY  BASED  ON
    8  EACH  HOSPITAL'S  SUBMISSION  OF  A  FULLY  COMPLETED TWO THOUSAND EIGHT
    9  DISPROPORTIONATE SHARE HOSPITAL DATA COLLECTION TOOL, WHICH IS  REQUIRED
   10  TO  BE  SUBMITTED  TO THE DEPARTMENT BY MARCH THIRTY-FIRST, TWO THOUSAND
   11  ELEVEN, AND SHALL BE SUBSEQUENTLY REVISED  TO  REFLECT  EACH  HOSPITAL'S
   12  SUBMISSION OF A FULLY COMPLETED TWO THOUSAND NINE DISPROPORTIONATE SHARE
   13  HOSPITAL  DATA COLLECTION TOOL, WHICH IS REQUIRED TO BE SUBMITTED TO THE
   14  DEPARTMENT BY OCTOBER FIRST, TWO THOUSAND ELEVEN.
   15    FOR CALENDAR YEARS ON AND AFTER  TWO  THOUSAND  TWELVE,  SUCH  INITIAL
   16  DETERMINATIONS  SHALL  REFLECT  SUBMISSION  OF  DATA  AS REQUIRED BY THE
   17  COMMISSIONER ON A SPECIFIED DATE.  ALL SUCH INITIAL DETERMINATIONS SHALL
   18  SUBSEQUENTLY BE REVISED TO REFLECT ANNUAL RATE PERIOD DATA  AND  STATIS-
   19  TICS. INDIGENT CARE PAYMENTS WILL BE WITHHELD IN INSTANCES WHEN A HOSPI-
   20  TAL  HAS  NOT SUBMITTED REQUIRED INFORMATION BY THE DUE DATES PRESCRIBED
   21  IN THIS PARAGRAPH, PROVIDED, HOWEVER, THAT SUCH PAYMENTS SHALL  BE  MADE
   22  UPON  SUBMISSION  OF  SUCH  REQUIRED  DATA. FOR PURPOSES OF CALCULATIONS
   23  PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION OF ELIGIBILITY TO  RECEIVE
   24  DISPROPORTIONATE  SHARE  PAYMENTS  FOR  A RATE YEAR OR PART THEREOF, THE
   25  HOSPITAL INPATIENT UTILIZATION RATE SHALL BE  DETERMINED  BASED  ON  THE
   26  BASE  YEAR  STATISTICS IN ACCORDANCE WITH THE METHODOLOGY ESTABLISHED BY
   27  THE COMMISSIONER, AND COSTS INCURRED  OF  FURNISHING  HOSPITAL  SERVICES
   28  SHALL  BE DETERMINED IN ACCORDANCE WITH A METHODOLOGY ESTABLISHED BY THE
   29  COMMISSIONER CONSISTENT  WITH  REQUIREMENTS  OF  THE  SECRETARY  OF  THE
   30  DEPARTMENT  OF  HEALTH AND HUMAN SERVICES FOR PURPOSES OF FEDERAL FINAN-
   31  CIAL PARTICIPATION PURSUANT TO THE TITLE XIX OF THE FEDERAL SOCIAL SECU-
   32  RITY ACT IN DISPROPORTIONATE SHARE PAYMENTS.
   33    S 3. Subparagraph (i) of paragraph (b) of subdivision 2-b  of  section
   34  2808  of  the  public  health  law, as amended by section 1 of part D of
   35  chapter 58 of the laws of 2010, is amended to read as follows:
   36    (i) Subject to the provisions of subparagraphs (ii) through  (xiv)  of
   37  this  paragraph, for periods on and after April first, two thousand nine
   38  through June thirtieth, two thousand eleven the operating cost component
   39  of rates of payment shall reflect allowable operating costs as  reported
   40  in  each  facility's cost report for the two thousand two calendar year,
   41  as adjusted for inflation on an annual  basis  in  accordance  with  the
   42  methodology  set  forth  in  paragraph (c) of subdivision ten of section
   43  twenty-eight hundred seven-c of this article,  provided,  however,  that
   44  for  those  facilities which do not receive a per diem add-on adjustment
   45  pursuant to subparagraph (ii) of  paragraph  (a)  of  this  subdivision,
   46  rates shall be further adjusted to include the proportionate benefit, as
   47  determined  by  the commissioner, of the expiration of the opening para-
   48  graph and paragraph (a) of subdivision sixteen of this  section  and  of
   49  paragraph  (a)  of  subdivision  fourteen  of this section, and provided
   50  further that the operating cost component of rates of payment for  those
   51  facilities  which  did  not  receive a per diem adjustment in accordance
   52  with subparagraph (ii) of paragraph (a) of this subdivision shall not be
   53  less than the operating component such facilities received  in  the  two
   54  thousand eight rate period, as adjusted for inflation on an annual basis
   55  in  accordance with the methodology set forth in paragraph (c) of subdi-
   56  vision ten of section twenty-eight hundred seven-c of this  article  and
       S. 2809                            21                            A. 4009
    1  further  provided,  however,  that  rates for facilities whose operating
    2  cost component reflects base year costs subsequent to January first, two
    3  thousand two shall have rates computed in  accordance  with  this  para-
    4  graph,  utilizing  allowable  operating costs as reported in such subse-
    5  quent base year period, and trended forward to the rate year in  accord-
    6  ance  with  applicable inflation factors, AND PROVIDED FURTHER, HOWEVER,
    7  THAT NOTWITHSTANDING ANY INCONSISTENT  PROVISION  OF  THIS  SUBDIVISION,
    8  RATE  ADJUSTMENTS AS DESCRIBED IN THIS SUBPARAGRAPH AND AS EFFECTIVE FOR
    9  RATE PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND  NINE  THROUGH  JUNE
   10  THIRTIETH,  TWO THOUSAND ELEVEN, SHALL NOT BE IMPLEMENTED AND PAID PRIOR
   11  TO JULY FIRST, TWO THOUSAND ELEVEN.
   12    S 4. Section 2 of part D of chapter 58 of the laws of  2009,  amending
   13  the public health law and other laws relating to Medicaid reimbursements
   14  to residential health care facilities, as amended by section 3 of Part D
   15  of chapter 58 of the laws of 2010, is amended to read as follows:
   16    S  2. Notwithstanding paragraph (b) of subdivision 2-b of section 2808
   17  of the public health law or any other contrary provision  of  law,  with
   18  regard  to  adjustments  to  medicaid  rates  of  payment  for inpatient
   19  services provided by residential health care facilities for  the  period
   20  April  1, 2009 through March 31, 2010, made pursuant to paragraph (b) of
   21  subdivision 2-b of section 2808 of the public health  law,  the  commis-
   22  sioner  of  health and the director of the budget shall, upon a determi-
   23  nation that such adjustments, including the application  of  adjustments
   24  authorized  by  the  provisions  of  paragraph (g) of subdivision 2-b of
   25  section 2808 of the public health law,  shall  result  in  an  aggregate
   26  increase  in  total Medicaid rates of payment for such services for such
   27  period that is less than or more than two hundred  ten  million  dollars
   28  ($210,000,000),  make such proportional adjustments to such rates as are
   29  necessary to result in an increase of such aggregate expenditures of two
   30  hundred ten million dollars ($210,000,000), and provided further, howev-
   31  er, that notwithstanding section 2808 of the public health  law  or  any
   32  other contrary provision of law, with regard to adjustments to inpatient
   33  rates  of payment made pursuant to section 2808 of the public health law
   34  for inpatient services provided by residential  health  care  facilities
   35  for the period April 1, 2010 through [June 30, 2011] MARCH 31, 2012, the
   36  commissioner  of  health  and  the  director of the budget shall, upon a
   37  determination by such commissioner and  such  director  that  such  rate
   38  adjustments shall, prior to the application of any applicable adjustment
   39  for  inflation,  result in an aggregate increase in total Medicaid rates
   40  of payment for  such  services,  including  payments  made  pursuant  to
   41  subparagraph  (i) of paragraph (d) of subdivision 2-c of section 2808 of
   42  the public health law, make such proportional adjustments to such  rates
   43  as  are  necessary  to reduce such total aggregate rate adjustments such
   44  that the aggregate total reflects no  such  increase  or  decrease,  and
   45  provided further, however, the case mix adjustments as otherwise author-
   46  ized by subparagraph (ii) of paragraph (b) of subdivision 2-b of section
   47  2808 of the public health law and as scheduled for January of 2011 shall
   48  not  be  made.    Adjustments made pursuant to this section shall not be
   49  subject to subsequent correction or reconciliation.
   50    S 5. Notwithstanding any contrary provision of law and subject to  the
   51  availability  of  federal  financial  participation,  for periods on and
   52  after July 1, 2011, Medicaid rates of payments  for  inpatient  services
   53  provided  by  residential health care facilities which, as of the effec-
   54  tive date of this section, operate discrete units for treatment of resi-
   55  dents with huntington's disease, shall be increased  by  a  rate  add-on
   56  amount. The aggregate amount of such rate add-ons for the period July 1,
       S. 2809                            22                            A. 4009
    1  2011  through  December  31,  2011 shall be eight hundred fifty thousand
    2  dollars ($850,000), and shall be  one  million  seven  hundred  thousand
    3  dollars ($1,700,000) for the 2012 calendar year and each year thereafter
    4  and  such amounts shall be allocated to each eligible residential health
    5  care facility proportionally, based on the number of beds in each facil-
    6  ity's discrete unit for treatment of huntington's  disease  relative  to
    7  the total number of such beds in all such units. Such rate add-ons shall
    8  be computed utilizing reported Medicaid days from certified cost reports
    9  as  submitted  to  the department of health for the calendar year period
   10  two years prior to the applicable rate  year  and,  further,  such  rate
   11  add-ons shall not be subject to subsequent adjustment or reconciliation.
   12    S  6.  Notwithstanding  section 448 of chapter 170 of the laws of 1994
   13  and section 4 of chapter 81 of the laws of 1995,  as  amended,  and  any
   14  other  inconsistent  provision  of  law or regulation and subject to the
   15  availability of federal financial participation, for the period April 1,
   16  2011 through June 30, 2011, medical assistance rates of payment to resi-
   17  dential health care facilities and diagnostic treatment centers licensed
   18  under article 28 of the public health law  for  adult  day  health  care
   19  services provided to registrants with acquired immunodeficiency syndrome
   20  (AIDS)  or  other  human immunodeficiency virus (HIV) related illnesses,
   21  shall be increased by an aggregate amount of one million  eight  hundred
   22  sixty-seven  thousand  dollars  ($1,867,000). Such amount shall be allo-
   23  cated proportionally among such providers based on the  medical  assist-
   24  ance  visits  reported  by  each provider in the most recently available
   25  cost report, as submitted to the department  of  health  by  January  1,
   26  2011, and shall be included as adjustments to each provider's daily rate
   27  of  payment  for such services. Such adjustments shall not be subject to
   28  subsequent adjustment or reconciliation.
   29    S 7. Notwithstanding any contrary provision of law or  regulation  and
   30  subject  to  availability  of  federal  financial participation, for the
   31  period April 1, 2011 through June 30, 2011, rates of payment by  govern-
   32  mental agencies to residential health care facilities and diagnostic and
   33  treatment centers licensed under article 28 of the public health law for
   34  adult  day  health  care  services provided to registrants with acquired
   35  immunodeficiency syndrome (AIDS) or other human  immunodeficiency  virus
   36  (HIV)  related  illnesses,  shall reflect an adjustment to such rates of
   37  payments in an aggregate  amount  of  two  hundred  thirty-six  thousand
   38  dollars ($236,000) and distributed proportionally as rate add-ons, based
   39  on  each eligible providers' Medicaid visits as reported in such provid-
   40  er's most recently available cost report as submitted to the  department
   41  of  health prior to January 1, 2011, and provided further, however, that
   42  such adjustments shall not be subject to subsequent adjustment or recon-
   43  ciliation.
   44    S 8. Subparagraph (vi) of paragraph (b) of subdivision  2  of  section
   45  2807-d  of  the public health law, as amended by section 37 of part C of
   46  chapter 58 of the laws of 2007, is amended to read as follows:
   47    (vi) Notwithstanding any contrary provision of this paragraph  or  any
   48  other  provision  of  law or regulation to the contrary, for residential
   49  health care facilities the assessment shall be six percent of each resi-
   50  dential health care facility's gross receipts received from all  patient
   51  care  services and other operating income on a cash basis for the period
   52  April first, two thousand two through March thirty-first,  two  thousand
   53  three  for  hospital  or  health-related  services,  including adult day
   54  services; provided, however, that residential  health  care  facilities'
   55  gross receipts attributable to payments received pursuant to title XVIII
   56  of the federal social security act (medicare) shall be excluded from the
       S. 2809                            23                            A. 4009
    1  assessment; provided, however, that for all such gross receipts received
    2  on  or after April first, two thousand three through March thirty-first,
    3  two thousand five, such assessment shall be five  percent,  and  further
    4  provided  that  for  all  such gross receipts received on or after April
    5  first, two thousand five through March thirty-first, two thousand  nine,
    6  and  on  or  after  April first, two thousand nine through March thirty-
    7  first, two thousand eleven such assessment shall  be  six  percent,  AND
    8  FURTHER  PROVIDED  THAT FOR ALL SUCH GROSS RECEIPTS RECEIVED ON OR AFTER
    9  APRIL FIRST, TWO THOUSAND ELEVEN SUCH ASSESSMENT SHALL BE SIX PERCENT.
   10    S 9. Notwithstanding any inconsistent provision of state law, rule  or
   11  regulation to the contrary, subject to federal approval, the state shall
   12  not take any administrative or statutory action that would result in the
   13  year  to  year  rate  of growth of state share Medicaid spending, in the
   14  aggregate, to exceed the ten year rolling average of the medical  compo-
   15  nent  of  the  consumer  price  index  as published by the United States
   16  department of labor, bureau of labor statistics for  the  preceding  ten
   17  years.
   18    S 10. Notwithstanding any inconsistent provision of law, rule or regu-
   19  lation, for purposes of implementing the provisions of the public health
   20  law and the social services law, references to titles XIX and XXI of the
   21  federal  social  security  act  in  the public health law and the social
   22  services law shall be deemed to include and also to mean  any  successor
   23  titles thereto under the federal social security act.
   24    S 11. Notwithstanding any inconsistent provision of law, rule or regu-
   25  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   26  the  public health law, section 18 of chapter 2 of the laws of 1988, and
   27  18 NYCRR 505.14(h), as they relate to time frames for  notice,  approval
   28  or  certification  of rates of payment, are hereby suspended and without
   29  force or effect for purposes of implementing the provisions of this act.
   30    S 12. Severability clause. If any clause, sentence, paragraph,  subdi-
   31  vision,  section  or  part of this act shall be adjudged by any court of
   32  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   33  impair or invalidate the remainder thereof, but shall be confined in its
   34  operation  to  the  clause, sentence, paragraph, subdivision, section or
   35  part thereof directly involved in the controversy in  which  such  judg-
   36  ment shall have been rendered. It is hereby declared to be the intent of
   37  the  legislature  that  this  act  would  have been enacted even if such
   38  invalid provisions had not been included herein.
   39    S 13. This act shall take effect immediately and shall  be  deemed  to
   40  have been in full force and effect on and after April 1, 2011; provided,
   41  however, that:
   42    (a)  any rules or regulations necessary to implement the provisions of
   43  this act may be promulgated and any procedures, forms,  or  instructions
   44  necessary  for such implementation may be adopted and issued on or after
   45  the date this act shall have become a law;
   46    (b) this act shall not be construed to alter, change,  affect,  impair
   47  or defeat any rights, obligations, duties or interests accrued, incurred
   48  or conferred prior to the effective date of this act;
   49    (c) the commissioner of health and the superintendent of insurance and
   50  any  appropriate  council may take any steps necessary to implement this
   51  act prior to its effective date;
   52    (d) notwithstanding any inconsistent provision of the  state  adminis-
   53  trative procedure act or any other provision of law, rule or regulation,
   54  the  commissioner  of health and the superintendent of insurance and any
   55  appropriate council is authorized to adopt or amend or promulgate on  an
   56  emergency  basis  any  regulation  he  or she or such council determines
       S. 2809                            24                            A. 4009
    1  necessary to implement any provision of this act on its effective  date;
    2  and
    3    (e)  the provisions of this act shall become effective notwithstanding
    4  the failure of the commissioner  of  health  or  the  superintendent  of
    5  insurance  or  any  council  to adopt or amend or promulgate regulations
    6  implementing this act.
    7                                   PART C
    8    Section 1. Subdivision 5 of section 168 of chapter 639 of the laws  of
    9  1996,  constituting  the  New  York  Health  Care Reform Act of 1996, as
   10  amended by section 1 of part B of chapter 58 of the  laws  of  2008,  is
   11  amended to read as follows:
   12    5.  sections  2807-c,  2807-j,  2807-s and 2807-t of the public health
   13  law, as amended or as added by this act, shall expire  on  December  31,
   14  [2011]  2014,  and  shall be thereafter effective only in respect to any
   15  act done on or before such date or action or proceeding arising  out  of
   16  such  act  including continued collections of funds from assessments and
   17  allowances and  surcharges  established  pursuant  to  sections  2807-c,
   18  2807-j,  2807-s  and 2807-t of the public health law, and administration
   19  and distributions of funds from pools established pursuant  to  sections
   20  2807-c,  2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public
   21  health law related to patient  services  provided  before  December  31,
   22  [2011]  2014, and continued expenditure of funds authorized for programs
   23  and grants until the exhaustion of funds therefor;
   24    S 2. Subdivision 1 of section 138 of chapter 1 of the  laws  of  1999,
   25  constituting  the New York Health Care Reform Act of 2000, as amended by
   26  section 1-a of part B of chapter 58 of the laws of 2008, is  amended  to
   27  read as follows:
   28    1.  sections  2807-c,  2807-j, 2807-s, and 2807-t of the public health
   29  law, as amended by this act, shall expire on December 31,  [2011]  2014,
   30  and shall be thereafter effective only in respect to any act done before
   31  such  date  or  action  or  proceeding arising out of such act including
   32  continued collections of  funds  from  assessments  and  allowances  and
   33  surcharges  established  pursuant to sections 2807-c, 2807-j, 2807-s and
   34  2807-t of the public health law, and administration and distributions of
   35  funds from  pools  established  pursuant  to  sections  2807-c,  2807-j,
   36  2807-k,  2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public
   37  health law, as amended or added by this act, related to patient services
   38  provided before December 31, [2011] 2014, and continued  expenditure  of
   39  funds  authorized  for programs and grants until the exhaustion of funds
   40  therefor;
   41    S 3. Paragraph (a) of subdivision 9 of section 2807-j  of  the  public
   42  health  law, as amended by section 2 of part B of chapter 58 of the laws
   43  of 2008, is amended to read as follows:
   44    (a) funds shall be deposited and credited to a  special  revenue-other
   45  fund  to  be established by the comptroller or to the health care reform
   46  act (HCRA) resources fund established pursuant to section  ninety-two-dd
   47  of  the  state  finance  law,  whichever is applicable. To the extent of
   48  funds appropriated therefore, the commissioner shall  make  payments  to
   49  general  hospitals  related  to  bad  debt  and charity care pursuant to
   50  section twenty-eight hundred seven-k of this  article.  Funds  shall  be
   51  deposited in the following amounts:
   52    (i) fifty-seven and thirty-three-hundredths percent of the funds accu-
   53  mulated  for  the  period  January  first, nineteen hundred ninety-seven
   54  through December thirty-first, nineteen hundred ninety-seven,
       S. 2809                            25                            A. 4009
    1    (ii) fifty-seven and one-hundredths percent of the  funds  accumulated
    2  for  the  period  January  first,  nineteen hundred ninety-eight through
    3  December thirty-first, nineteen hundred ninety-eight,
    4    (iii)  fifty-five and thirty-two-hundredths percent of the funds accu-
    5  mulated for the  period  January  first,  nineteen  hundred  ninety-nine
    6  through December thirty-first, nineteen hundred ninety-nine, and
    7    (iv)  seven  hundred  sixty-five million dollars annually of the funds
    8  accumulated for the periods January first, two thousand through December
    9  thirty-first, two thousand [ten] THIRTEEN, and
   10    (v) one hundred ninety-one million two hundred fifty thousand  dollars
   11  of  the  funds  accumulated  for  the period January first, two thousand
   12  [eleven] FOURTEEN through  March  thirty-first,  two  thousand  [eleven]
   13  FOURTEEN.
   14    S 4. Section 34 of part A3 of chapter 62 of the laws of 2003, amending
   15  the  general  business  law  and  other  laws relating to enacting major
   16  components necessary to implement the state fiscal plan for the  2003-04
   17  state  fiscal  year,  as amended by section 3 of part B of chapter 58 of
   18  the laws of 2008, is amended to read as follows:
   19    S 34. (1) Notwithstanding any inconsistent provision of law,  rule  or
   20  regulation  and  effective  April 1, 2008 through March 31, [2011] 2014,
   21  the commissioner of health is authorized to transfer and the state comp-
   22  troller is authorized and directed to receive for deposit to the  credit
   23  of  the department of health's special revenue fund - other, health care
   24  reform act (HCRA) resources fund - 061, provider  collection  monitoring
   25  account,  within  amounts  appropriated each year, those funds collected
   26  and accumulated pursuant to section 2807-v of  the  public  health  law,
   27  including  income  from  invested  funds, for the purpose of payment for
   28  administrative costs of the department of  health  related  to  adminis-
   29  tration  of  statutory  duties  for  the  collections  and distributions
   30  authorized by section 2807-v of the public health law.
   31    (2) Notwithstanding any inconsistent provision of law, rule  or  regu-
   32  lation  and  effective  April 1, 2008 through March 31, [2011] 2014, the
   33  commissioner of health is authorized to transfer  and  the  state  comp-
   34  troller  is authorized and directed to receive for deposit to the credit
   35  of the department of health's special revenue fund - other, health  care
   36  reform  act  (HCRA) resources fund - 061, provider collection monitoring
   37  account, within amounts appropriated each year,  those  funds  collected
   38  and  accumulated  and interest earned through surcharges on payments for
   39  health care services pursuant to section 2807-s of the public health law
   40  and from assessments pursuant to section 2807-t of the public health law
   41  for the purpose of payment for administrative costs of the department of
   42  health related to administration of statutory duties for the collections
   43  and distributions authorized by sections 2807-s, 2807-t, and  2807-m  of
   44  the public health law.
   45    (3)  Notwithstanding  any inconsistent provision of law, rule or regu-
   46  lation and effective April 1, 2008 through March 31,  [2011]  2014,  the
   47  commissioner  of health is authorized to transfer and the comptroller is
   48  authorized to deposit, within  amounts  appropriated  each  year,  those
   49  funds  authorized  for distribution in accordance with the provisions of
   50  paragraph (a) of subdivision 1 of section 2807-l of  the  public  health
   51  law  for the purposes of payment for administrative costs of the depart-
   52  ment of health related  to  the  child  health  insurance  plan  program
   53  authorized  pursuant to title 1-A of article 25 of the public health law
   54  into the special revenue funds - other, health care  reform  act  (HCRA)
   55  resources fund - 061, child health insurance account, established within
   56  the department of health.
       S. 2809                            26                            A. 4009
    1    (4)  Notwithstanding  any inconsistent provision of law, rule or regu-
    2  lation and effective April 1, 2008 through March 31,  [2011]  2014,  the
    3  commissioner  of health is authorized to transfer and the comptroller is
    4  authorized to deposit, within  amounts  appropriated  each  year,  those
    5  funds  authorized  for distribution in accordance with the provisions of
    6  paragraph (e) of subdivision 1 of section 2807-l of  the  public  health
    7  law  for  the purpose of payment for administrative costs of the depart-
    8  ment of health related to the health occupation  development  and  work-
    9  place  demonstration  program established pursuant to section 2807-h and
   10  the health workforce retraining program established pursuant to  section
   11  2807-g  of the public health law into the special revenue funds - other,
   12  health care reform act (HCRA) resources fund -  061,  health  occupation
   13  development  and  workplace  demonstration  program account, established
   14  within the department of health.
   15    (5) Notwithstanding any inconsistent provision of law, rule  or  regu-
   16  lation  and  effective  April 1, 2008 through March 31, [2011] 2014, the
   17  commissioner of health is authorized to transfer and the comptroller  is
   18  authorized  to  deposit,  within  amounts  appropriated each year, those
   19  funds allocated pursuant to paragraph (j) of subdivision  1  of  section
   20  2807-v  of the public health law for the purpose of payment for adminis-
   21  trative costs of the department of health related to  administration  of
   22  the state's tobacco control programs and cancer services provided pursu-
   23  ant  to  sections  2807-r and 1399-ii of the public health law into such
   24  accounts established within the department of health for such purposes.
   25    (6) Notwithstanding any inconsistent provision of law, rule  or  regu-
   26  lation  and  effective  April 1, 2008 through March 31, [2011] 2014, the
   27  commissioner of health is authorized to transfer and the comptroller  is
   28  authorized  to deposit, within amounts appropriated each year, the funds
   29  authorized for distribution in accordance with the provisions of section
   30  2807-l of the public health law for the purposes of payment for adminis-
   31  trative costs of the department of health related to the programs funded
   32  pursuant to section 2807-l of the public health  law  into  the  special
   33  revenue  funds  -  other, health care reform act (HCRA) resources fund -
   34  061, pilot health insurance account, established within  the  department
   35  of health.
   36    (7)  Notwithstanding  any inconsistent provision of law, rule or regu-
   37  lation and effective April 1, 2008 through March 31,  [2011]  2014,  the
   38  commissioner  of health is authorized to transfer and the comptroller is
   39  authorized to deposit, within  amounts  appropriated  each  year,  those
   40  funds  authorized  for distribution in accordance with the provisions of
   41  subparagraph (ii) of paragraph (f) of subdivision 19 of  section  2807-c
   42  of  the public health law from monies accumulated and interest earned in
   43  the bad debt and charity care and capital  statewide  pools  through  an
   44  assessment  charged  to  general hospitals pursuant to the provisions of
   45  subdivision 18 of section 2807-c of the  public  health  law  and  those
   46  funds  authorized  for distribution in accordance with the provisions of
   47  section 2807-l of the public health law for the purposes of payment  for
   48  administrative  costs  of  the  department of health related to programs
   49  funded under section 2807-l of the public health law  into  the  special
   50  revenue  funds  -  other, health care reform act (HCRA) resources fund -
   51  061, primary care initiatives account, established within the department
   52  of health.
   53    (8) Notwithstanding any inconsistent provision of law, rule  or  regu-
   54  lation  and  effective  April 1, 2008 through March 31, [2011] 2014, the
   55  commissioner of health is authorized to transfer and the comptroller  is
   56  authorized  to  deposit,  within  amounts  appropriated each year, those
       S. 2809                            27                            A. 4009
    1  funds authorized for distribution in accordance with section  2807-l  of
    2  the  public  health  law  for the purposes of payment for administrative
    3  costs of the department of  health  related  to  programs  funded  under
    4  section 2807-l of the public health law into the special revenue funds -
    5  other,  health  care reform act (HCRA) resources fund - 061, health care
    6  delivery administration account, established within  the  department  of
    7  health.
    8    (9)  Notwithstanding  any inconsistent provision of law, rule or regu-
    9  lation and effective April 1, 2008 through March 31,  [2011]  2014,  the
   10  commissioner  of health is authorized to transfer and the comptroller is
   11  authorized to deposit, within  amounts  appropriated  each  year,  those
   12  funds  authorized  pursuant to sections 2807-d, 3614-a and 3614-b of the
   13  public health law and section 367-i of the social services law  and  for
   14  distribution  in  accordance  with  the  provisions  of subdivision 9 of
   15  section 2807-j of the public health law for the purpose of  payment  for
   16  administration of statutory duties for the collections and distributions
   17  authorized  by  sections  2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
   18  and 3614-b of the public health law and  section  367-i  of  the  social
   19  services  law into the special revenue funds - other, health care reform
   20  act (HCRA) resources fund - 061, provider collection monitoring account,
   21  established within the department of health.
   22    S 5. Subparagraphs (xiv) and (xv) of paragraph (a) of subdivision 6 of
   23  section 2807-s of the public health law, as amended by section 4 of part
   24  I of chapter 2 of the laws of 2009, are amended to read as follows:
   25    (xiv) A gross annual statewide amount for the  period  January  first,
   26  two  thousand  nine  through  December  thirty-first, two thousand [ten]
   27  THIRTEEN,  shall  be  nine  hundred  [thirty-nine]  FORTY-FOUR   million
   28  dollars.
   29    (xv)  A gross statewide amount for the period January first, two thou-
   30  sand [eleven] FOURTEEN through March thirty-first, two thousand [eleven]
   31  FOURTEEN, shall be two hundred [thirty-four] THIRTY-SIX  million  [seven
   32  hundred fifty thousand] dollars.
   33    S 5-a. Subparagraphs (iv) and (v) of paragraph (c) of subdivision 6 of
   34  section  2807-s  of  the  public health law, as amended by section 12 of
   35  part B of chapter 58 of the  laws  of  2008,  are  amended  to  read  as
   36  follows:
   37    (iv)  A  further  gross  annual statewide amount for two thousand, two
   38  thousand one, two thousand two, two thousand three, two  thousand  four,
   39  two  thousand  five,  two thousand six, two thousand seven, two thousand
   40  eight, two thousand nine [and], two thousand ten, TWO  THOUSAND  ELEVEN,
   41  TWO  THOUSAND  TWELVE  AND  TWO  THOUSAND  THIRTEEN shall be eighty-nine
   42  million dollars.
   43    (v) A further gross statewide amount for the period January first, two
   44  thousand [eleven] FOURTEEN  through  March  thirty-first,  two  thousand
   45  [eleven]  FOURTEEN,  shall be twenty-two million two hundred fifty thou-
   46  sand dollars.
   47    S 5-b. Subparagraphs (i) and (ii) of paragraph (e) of subdivision 6 of
   48  section 2807-s of the public health law, as amended  by  section  13  of
   49  part  B  of  chapter  58  of  the  laws  of 2008, are amended to read as
   50  follows:
   51    (i) A further gross annual statewide amount shall  be  twelve  million
   52  dollars  for  each  period prior to January first, two thousand [eleven]
   53  FOURTEEN.
   54    (ii) A further gross statewide amount for the  period  January  first,
   55  two  thousand [eleven] FOURTEEN through March thirty-first, two thousand
   56  [eleven] FOURTEEN shall be three million dollars.
       S. 2809                            28                            A. 4009
    1    S 6. Subparagraphs (x), (xi), (xii), (xiii) and (xiv) of paragraph (a)
    2  of subdivision 7 of section 2807-s of the public health law, as  amended
    3  by  section 100 of part C of chapter 58 of the laws of 2009, are amended
    4  to read as follows:
    5    (x)  forty-seven million two hundred ten thousand dollars on an annual
    6  basis for the periods January first, two thousand nine through  December
    7  thirty-first, two thousand ten; [and]
    8    (xi)  eleven  million  eight  hundred  thousand dollars for the period
    9  January first, two thousand eleven through March thirty-first, two thou-
   10  sand eleven;
   11    (xii) TWENTY-THREE MILLION EIGHT HUNDRED THIRTY-SIX  THOUSAND  DOLLARS
   12  EACH  STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN
   13  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN;
   14    (XIII) provided, however, for periods  prior  to  January  first,  two
   15  thousand nine, amounts set forth in this paragraph may be reduced by the
   16  commissioner  in  an amount to be approved by the director of the budget
   17  to reflect the amount received from the  federal  government  under  the
   18  state's  1115 waiver which is directed under its terms and conditions to
   19  the graduate medical education program established pursuant  to  section
   20  twenty-eight hundred seven-m of this article;
   21    [(xiii)]  (XIV)  provided  further, however, for periods prior to July
   22  first, two thousand nine, amounts set forth in this paragraph  shall  be
   23  reduced  by  an amount equal to the total actual distribution reductions
   24  for all facilities pursuant to paragraph (e)  of  subdivision  three  of
   25  section twenty-eight hundred seven-m of this article; and
   26    [(xiv)]  (XV)  provided  further,  however,  for periods prior to July
   27  first, two thousand nine, amounts set forth in this paragraph  shall  be
   28  reduced by an amount equal to the actual distribution reductions for all
   29  facilities pursuant to paragraph (s) of subdivision one of section twen-
   30  ty-eight hundred seven-m of this article.
   31    S  7. Section 2807-l of the public health law, as amended by section 4
   32  of part B of chapter 58 of the laws of 2008, clause (A) of  subparagraph
   33  (i) of paragraph (b) of subdivision 1 as amended by section 51 of part B
   34  and  paragraph (n) of subdivision 1 as amended by section 9 of part C of
   35  chapter 58 of the laws of 2009, subparagraph (iv) of  paragraph  (c)  of
   36  subdivision  1  as amended by section 13 of part B of chapter 109 of the
   37  laws of 2010, is amended to read as follows:
   38    S 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
   39  lated in the health care initiatives pools pursuant to paragraph (b)  of
   40  subdivision  nine  of section twenty-eight hundred seven-j of this arti-
   41  cle, or the health care reform act  (HCRA)  resources  fund  established
   42  pursuant to section ninety-two-dd of the state finance law, whichever is
   43  applicable,  including  income from invested funds, shall be distributed
   44  or retained by the commissioner or by the state comptroller, as applica-
   45  ble, in accordance with the following.
   46    (a) Funds shall be reserved and accumulated  from  year  to  year  and
   47  shall  be  available, including income from invested funds, for purposes
   48  of distributions to programs to provide health care coverage  for  unin-
   49  sured  or underinsured children pursuant to sections twenty-five hundred
   50  ten and twenty-five hundred eleven of this chapter from  the  respective
   51  health  care  initiatives pools established for the following periods in
   52  the following amounts:
   53    (i) from the pool for the period January first, nineteen hundred nine-
   54  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
   55  up to one hundred twenty million six hundred thousand dollars;
       S. 2809                            29                            A. 4009
    1    (ii)  from  the  pool  for  the period January first, nineteen hundred
    2  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    3  eight,  up  to  one  hundred  sixty-four  million  five hundred thousand
    4  dollars;
    5    (iii)  from  the  pool  for the period January first, nineteen hundred
    6  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    7  up to one hundred eighty-one million dollars;
    8    (iv) from the pool for the period January first, two thousand  through
    9  December thirty-first, two thousand, two hundred seven million dollars;
   10    (v)  from  the  pool  for  the  period January first, two thousand one
   11  through December thirty-first, two thousand one, two hundred thirty-five
   12  million dollars;
   13    (vi) from the pool for the period  January  first,  two  thousand  two
   14  through  December  thirty-first, two thousand two, three hundred twenty-
   15  four million dollars;
   16    (vii) from the pool for the period January first, two  thousand  three
   17  through  December  thirty-first,  two thousand three, up to four hundred
   18  fifty million three hundred thousand dollars;
   19    (viii) from the pool for the period January first, two  thousand  four
   20  through  December  thirty-first,  two  thousand four, up to four hundred
   21  sixty million nine hundred thousand dollars;
   22    (ix) from the pool or the health  care  reform  act  (HCRA)  resources
   23  fund,  whichever  is applicable, for the period January first, two thou-
   24  sand five through December thirty-first, two thousand five,  up  to  one
   25  hundred fifty-three million eight hundred thousand dollars;
   26    (x)  from  the  health  care  reform act (HCRA) resources fund for the
   27  period January first, two thousand six  through  December  thirty-first,
   28  two  thousand  six, up to three hundred twenty-five million four hundred
   29  thousand dollars;
   30    (xi) from the health care reform act (HCRA)  resources  fund  for  the
   31  period  January first, two thousand seven through December thirty-first,
   32  two thousand seven, up to four hundred twenty-eight  million  fifty-nine
   33  thousand dollars;
   34    (xii)  from  the  health care reform act (HCRA) resources fund for the
   35  period January first, two thousand eight through December  thirty-first,
   36  two  thousand  ten,  up  to four hundred fifty-three million six hundred
   37  seventy-four thousand dollars annually; [and]
   38    (xiii) from the health care reform act (HCRA) resources fund  for  the
   39  period  January  first, two thousand eleven, through March thirty-first,
   40  two thousand eleven, up to one hundred  thirteen  million  four  hundred
   41  eighteen thousand dollars[.];
   42    (XIV)  FROM  THE  HEALTH CARE REFORM ACT (HCRA) RESOURCES FUND FOR THE
   43  PERIOD APRIL FIRST, TWO THOUSAND ELEVEN, THROUGH MARCH THIRTY-FIRST, TWO
   44  THOUSAND TWELVE, UP TO THREE HUNDRED TWENTY-FOUR MILLION  SEVEN  HUNDRED
   45  FORTY-FOUR THOUSAND DOLLARS;
   46    (XV)  FROM  THE  HEALTH  CARE REFORM ACT (HCRA) RESOURCES FUND FOR THE
   47  PERIOD APRIL FIRST, TWO THOUSAND TWELVE, THROUGH MARCH THIRTY-FIRST, TWO
   48  THOUSAND THIRTEEN, UP TO THREE HUNDRED FORTY-SIX  MILLION  FOUR  HUNDRED
   49  FORTY-FOUR THOUSAND DOLLARS; AND
   50    (XVI)  FROM  THE  HEALTH CARE REFORM ACT (HCRA) RESOURCES FUND FOR THE
   51  PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN, THROUGH  MARCH  THIRTY-FIRST,
   52  TWO  THOUSAND  FOURTEEN, UP TO THREE HUNDRED SEVENTY MILLION SIX HUNDRED
   53  NINETY-FIVE THOUSAND DOLLARS.
   54    (b) Funds shall be reserved and accumulated  from  year  to  year  and
   55  shall  be  available, including income from invested funds, for purposes
   56  of distributions for health  insurance  programs  under  the  individual
       S. 2809                            30                            A. 4009
    1  subsidy programs established pursuant to the expanded health care cover-
    2  age  act of nineteen hundred eighty-eight as amended, and for evaluation
    3  of such programs from the respective health care  initiatives  pools  or
    4  the  health care reform act (HCRA) resources fund, whichever is applica-
    5  ble, established for the following periods in the following amounts:
    6    (i) (A) an amount not to exceed six million dollars on  an  annualized
    7  basis  for  the  periods  January  first,  nineteen hundred ninety-seven
    8  through December thirty-first, nineteen hundred ninety-nine; up  to  six
    9  million  dollars  for  the  period  January  first, two thousand through
   10  December thirty-first, two thousand; up to five million dollars for  the
   11  period  January  first,  two thousand one through December thirty-first,
   12  two thousand one; up to four million  dollars  for  the  period  January
   13  first, two thousand two through December thirty-first, two thousand two;
   14  up  to  two  million six hundred thousand dollars for the period January
   15  first, two thousand three through December  thirty-first,  two  thousand
   16  three;  up  to one million three hundred thousand dollars for the period
   17  January first, two thousand  four  through  December  thirty-first,  two
   18  thousand four; up to six hundred seventy thousand dollars for the period
   19  January  first,  two  thousand five through June thirtieth, two thousand
   20  five; up to one million three hundred thousand dollars  for  the  period
   21  April  first,  two thousand six through March thirty-first, two thousand
   22  seven; and up to one million three hundred thousand dollars annually for
   23  the period April first, two thousand seven through  March  thirty-first,
   24  two  thousand  nine,  shall be allocated to individual subsidy programs;
   25  and
   26    (B) an amount not to exceed seven million  dollars  on  an  annualized
   27  basis  for the periods during the period January first, nineteen hundred
   28  ninety-seven through December thirty-first, nineteen hundred ninety-nine
   29  and four million dollars annually for the  periods  January  first,  two
   30  thousand  through  December  thirty-first,  two  thousand two, and three
   31  million dollars for the period January first, two thousand three through
   32  December thirty-first, two thousand three, and two million  dollars  for
   33  the  period  January  first,  two thousand four through December thirty-
   34  first, two thousand four, and two million dollars for the period January
   35  first, two thousand five through June thirtieth, two thousand five shall
   36  be allocated to the catastrophic health care expense program.
   37    (ii) Notwithstanding any law to the contrary, the characterizations of
   38  the New York state small business health insurance  partnership  program
   39  as  in  effect  prior  to  June  thirtieth,  two thousand three, voucher
   40  program as in effect prior to December thirty-first, two  thousand  one,
   41  individual  subsidy  program  as  in effect prior to June thirtieth, two
   42  thousand five, and catastrophic  health  care  expense  program,  as  in
   43  effect prior to June thirtieth, two thousand five, may, for the purposes
   44  of  identifying  matching funds for the community health care conversion
   45  demonstration project described in a waiver of the provisions  of  title
   46  XIX  of the federal social security act granted to the state of New York
   47  and dated July fifteenth, nineteen hundred ninety-seven, may continue to
   48  be used to characterize the insurance programs in sections four thousand
   49  three hundred twenty-one-a, four thousand  three  hundred  twenty-two-a,
   50  four  thousand  three hundred twenty-six and four thousand three hundred
   51  twenty-seven of the insurance law, which are successor programs to these
   52  programs.
   53    (c) Up to seventy-eight million dollars shall be reserved and  accumu-
   54  lated  from  year  to  year  from the pool for the period January first,
   55  nineteen hundred ninety-seven through  December  thirty-first,  nineteen
   56  hundred  ninety-seven,  for  purposes  of  public health programs, up to
       S. 2809                            31                            A. 4009
    1  seventy-six million dollars shall be reserved and accumulated from  year
    2  to  year  from the pools for the periods January first, nineteen hundred
    3  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    4  eight  and  January first, nineteen hundred ninety-nine through December
    5  thirty-first, nineteen hundred ninety-nine, up  to  eighty-four  million
    6  dollars  shall  be  reserved  and accumulated from year to year from the
    7  pools for the period January first, two thousand through December  thir-
    8  ty-first,  two  thousand,  up  to  eighty-five  million dollars shall be
    9  reserved and accumulated from year to year from the pools for the period
   10  January first, two thousand one through December thirty-first, two thou-
   11  sand one, up to eighty-six million dollars shall be reserved and accumu-
   12  lated from year to year from the pools for the period January first, two
   13  thousand two through December thirty-first,  two  thousand  two,  up  to
   14  eighty-six  million one hundred fifty thousand dollars shall be reserved
   15  and accumulated from year to year from the pools for the period  January
   16  first,  two  thousand  three through December thirty-first, two thousand
   17  three, up to fifty-eight million seven hundred eighty  thousand  dollars
   18  shall  be  reserved and accumulated from year to year from the pools for
   19  the period January first, two thousand  four  through  December  thirty-
   20  first, two thousand four, up to sixty-eight million seven hundred thirty
   21  thousand  dollars  shall  be  reserved and accumulated from year to year
   22  from the pools or the health care  reform  act  (HCRA)  resources  fund,
   23  whichever is applicable, for the period January first, two thousand five
   24  through  December  thirty-first,  two  thousand  five, up to ninety-four
   25  million three hundred fifty thousand dollars shall be reserved and accu-
   26  mulated from year to  year  from  the  health  care  reform  act  (HCRA)
   27  resources  fund  for  the period January first, two thousand six through
   28  December thirty-first, two thousand six,  up  to  seventy  million  nine
   29  hundred  thirty-nine  thousand dollars shall be reserved and accumulated
   30  from year to year from the health care reform act (HCRA) resources  fund
   31  for  the period January first, two thousand seven through December thir-
   32  ty-first, two thousand seven,  up  to  fifty-five  million  six  hundred
   33  eighty-nine  thousand dollars annually shall be reserved and accumulated
   34  from year to year from the health care reform act (HCRA) resources  fund
   35  for  the period January first, two thousand eight through December thir-
   36  ty-first, two thousand ten, [and] up to thirteen  million  nine  hundred
   37  twenty-two  thousand dollars shall be reserved and accumulated from year
   38  to year from the health care reform act (HCRA) resources  fund  for  the
   39  period  January  first,  two thousand eleven through March thirty-first,
   40  two thousand eleven, AND FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOU-
   41  SAND ELEVEN, UP TO FUNDING AMOUNTS SPECIFIED BELOW and shall  be  avail-
   42  able, including income from invested funds, for:
   43    (i)  deposit by the commissioner, within amounts appropriated, and the
   44  state comptroller is hereby  authorized  and  directed  to  receive  for
   45  deposit  to, to the credit of the department of health's special revenue
   46  fund - other, hospital based grants program account or the  health  care
   47  reform  act (HCRA) resources fund, whichever is applicable, for purposes
   48  of services  and  expenses  related  to  general  hospital  based  grant
   49  programs,  up  to  twenty-two million dollars annually from the nineteen
   50  hundred ninety-seven pool, nineteen hundred ninety-eight pool,  nineteen
   51  hundred  ninety-nine  pool, two thousand pool, two thousand one pool and
   52  two thousand two pool, respectively, up to  twenty-two  million  dollars
   53  from  the  two  thousand  three  pool, up to ten million dollars for the
   54  period January first, two thousand four through  December  thirty-first,
   55  two  thousand  four, up to eleven million dollars for the period January
   56  first, two thousand five through  December  thirty-first,  two  thousand
       S. 2809                            32                            A. 4009
    1  five, up to twenty-two million dollars for the period January first, two
    2  thousand  six  through  December  thirty-first,  two thousand six, up to
    3  twenty-two million ninety-seven thousand dollars annually for the period
    4  January  first,  two  thousand  seven through December thirty-first, two
    5  thousand ten, [and] up to five million five hundred twenty-four thousand
    6  dollars for the period January first, two thousand eleven through  March
    7  thirty-first,  two  thousand eleven, UP TO THIRTEEN MILLION FOUR HUNDRED
    8  FORTY-FIVE THOUSAND DOLLARS FOR THE PERIOD  APRIL  FIRST,  TWO  THOUSAND
    9  ELEVEN  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE, AND UP TO THIR-
   10  TEEN MILLION THREE HUNDRED  SEVENTY-FIVE  THOUSAND  DOLLARS  EACH  STATE
   11  FISCAL  YEAR  FOR  THE  PERIOD  APRIL FIRST, TWO THOUSAND TWELVE THROUGH
   12  MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN;
   13    (ii) deposit by the commissioner, within amounts appropriated, and the
   14  state comptroller is hereby  authorized  and  directed  to  receive  for
   15  deposit  to,  to  the  credit of the emergency medical services training
   16  account established in section ninety-seven-q of the state  finance  law
   17  or the health care reform act (HCRA) resources fund, whichever is appli-
   18  cable,  up  to  sixteen  million  dollars on an annualized basis for the
   19  periods January first, nineteen hundred  ninety-seven  through  December
   20  thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
   21  for  the  period  January  first,  two thousand through December thirty-
   22  first, two thousand, up to twenty-one million  dollars  for  the  period
   23  January first, two thousand one through December thirty-first, two thou-
   24  sand one, up to twenty-two million dollars for the period January first,
   25  two  thousand two through December thirty-first, two thousand two, up to
   26  twenty-two million five hundred fifty thousand dollars  for  the  period
   27  January  first,  two  thousand  three through December thirty-first, two
   28  thousand three, up to nine million six hundred eighty  thousand  dollars
   29  for  the  period January first, two thousand four through December thir-
   30  ty-first, two thousand four, up to twelve  million  one  hundred  thirty
   31  thousand dollars for the period January first, two thousand five through
   32  December  thirty-first, two thousand five, up to twenty-four million two
   33  hundred fifty thousand dollars for the period January first,  two  thou-
   34  sand  six  through December thirty-first, two thousand six, up to twenty
   35  million four hundred ninety-two thousand dollars annually for the period
   36  January first, two thousand seven  through  December  thirty-first,  two
   37  thousand ten, [and] up to five million one hundred twenty-three thousand
   38  dollars  for the period January first, two thousand eleven through March
   39  thirty-first, two thousand eleven, UP TO EIGHTEEN MILLION THREE  HUNDRED
   40  FIFTY  THOUSAND  DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN
   41  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWELVE, UP TO EIGHTEEN  MILLION
   42  NINE  HUNDRED  FIFTY  THOUSAND  DOLLARS  FOR THE PERIOD APRIL FIRST, TWO
   43  THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND  THIRTEEN,  AND
   44  UP  TO  NINETEEN  MILLION FOUR HUNDRED NINETEEN THOUSAND DOLLARS FOR THE
   45  PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN  THROUGH  MARCH  THIRTY-FIRST,
   46  TWO THOUSAND FOURTEEN;
   47    (iii)  priority  distributions  by  the  commissioner up to thirty-two
   48  million dollars on an annualized basis for the period January first, two
   49  thousand through December thirty-first, two thousand four, up  to  thir-
   50  ty-eight  million  dollars on an annualized basis for the period January
   51  first, two thousand five through  December  thirty-first,  two  thousand
   52  six,  up  to eighteen million two hundred fifty thousand dollars for the
   53  period January first, two thousand seven through December  thirty-first,
   54  two  thousand seven, up to three million dollars annually for the period
   55  January first, two thousand eight  through  December  thirty-first,  two
   56  thousand  ten,  [and] up to seven hundred fifty thousand dollars for the
       S. 2809                            33                            A. 4009
    1  period January first, two thousand eleven  through  March  thirty-first,
    2  two thousand eleven, AND UP TO TWO MILLION NINE HUNDRED THOUSAND DOLLARS
    3  EACH  STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN
    4  THROUGH  MARCH  THIRTY-FIRST,  TWO THOUSAND FOURTEEN to be allocated (A)
    5  for the purposes established pursuant to subparagraph (ii) of  paragraph
    6  (f)  of  subdivision nineteen of section twenty-eight hundred seven-c of
    7  this article as in effect on  December  thirty-first,  nineteen  hundred
    8  ninety-six  and  as  may  thereafter  be  amended, up to fifteen million
    9  dollars annually for the periods January  first,  two  thousand  through
   10  December  thirty-first,  two  thousand  four,  up  to twenty-one million
   11  dollars annually for the period January first, two thousand five through
   12  December thirty-first, two thousand six, and up to  seven  million  five
   13  hundred  thousand  dollars  for  the  period January first, two thousand
   14  seven through March thirty-first, two thousand seven;
   15    (B) pursuant to a memorandum of  understanding  entered  into  by  the
   16  commissioner,  the  majority leader of the senate and the speaker of the
   17  assembly, for the purposes outlined in such memorandum upon  the  recom-
   18  mendation  of  the  majority  leader  of the senate, up to eight million
   19  five hundred thousand dollars annually for the period January first, two
   20  thousand through December thirty-first, two thousand six, and up to four
   21  million two hundred fifty thousand dollars for the period January first,
   22  two thousand seven through June thirtieth, two thousand seven,  and  for
   23  the  purposes outlined in such memorandum upon the recommendation of the
   24  speaker of the assembly, up  to  eight  million  five  hundred  thousand
   25  dollars  annually  for  the  periods January first, two thousand through
   26  December thirty-first, two thousand six, and  up  to  four  million  two
   27  hundred  fifty  thousand dollars for the period January first, two thou-
   28  sand seven through June thirtieth, two thousand seven; and
   29    (C) for services and expenses, including grants, related to  emergency
   30  assistance  distributions  as  designated by the commissioner.  Notwith-
   31  standing section one hundred twelve or one hundred  sixty-three  of  the
   32  state  finance law or any other contrary provision of law, such distrib-
   33  utions shall be limited to providers or programs where, as determined by
   34  the commissioner, emergency assistance is vital to protect the  life  or
   35  safety  of  patients,  to ensure the retention of facility caregivers or
   36  other staff, or in instances where health facility operations are  jeop-
   37  ardized,  or  where  the public health is jeopardized or other emergency
   38  situations exist, up to three million dollars annually  for  the  period
   39  April first, two thousand seven through March thirty-first, two thousand
   40  eleven,  AND  UP TO TWO MILLION NINE HUNDRED THOUSAND DOLLARS EACH STATE
   41  FISCAL YEAR FOR THE PERIOD APRIL  FIRST,  TWO  THOUSAND  ELEVEN  THROUGH
   42  MARCH  THIRTY-FIRST,  TWO  THOUSAND FOURTEEN.   Upon any distribution of
   43  such funds, the commissioner shall  immediately  notify  the  chair  and
   44  ranking  minority  member  of the senate finance committee, the assembly
   45  ways and means committee, the senate committee on health, and the assem-
   46  bly committee on health;
   47    (iv) distributions by  the  commissioner  related  to  poison  control
   48  centers  pursuant  to subdivision seven of section twenty-five hundred-d
   49  of this chapter, up to five  million  dollars  for  the  period  January
   50  first,  nineteen  hundred  ninety-seven  through  December thirty-first,
   51  nineteen hundred ninety-seven, up to three million dollars on an annual-
   52  ized basis for the periods during the  period  January  first,  nineteen
   53  hundred  ninety-eight  through  December  thirty-first, nineteen hundred
   54  ninety-nine, up to five million dollars annually for the periods January
   55  first, two thousand through December thirty-first, two thousand two,  up
   56  to  four  million  six hundred thousand dollars annually for the periods
       S. 2809                            34                            A. 4009
    1  January first, two thousand three  through  December  thirty-first,  two
    2  thousand  four,  up to five million one hundred thousand dollars for the
    3  period January first, two thousand five through  December  thirty-first,
    4  two  thousand  six  annually,  up  to  five million one hundred thousand
    5  dollars annually for  the  period  January  first,  two  thousand  seven
    6  through  December  thirty-first,  two thousand nine, up to three million
    7  six hundred thousand dollars for the period January first, two  thousand
    8  ten  through  December thirty-first, two thousand ten, [and] up to seven
    9  hundred seventy-five thousand dollars for the period January first,  two
   10  thousand  eleven through March thirty-first, two thousand eleven, AND UP
   11  TO TWO MILLION FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR  FOR
   12  THE  PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST,
   13  TWO THOUSAND FOURTEEN; and
   14    (v) deposit by the commissioner, within amounts appropriated, and  the
   15  state  comptroller  is  hereby  authorized  and  directed to receive for
   16  deposit to, to the credit of the department of health's special  revenue
   17  fund  -  other,  miscellaneous  special  revenue fund - 339 maternal and
   18  child HIV  services  account  or  the  health  care  reform  act  (HCRA)
   19  resources  fund,  whichever  is  applicable,  for  purposes of a special
   20  program for HIV services for [infants and pregnant] women AND  CHILDREN,
   21  INCLUDING  ADOLESCENTS pursuant to section [seventy-one of chapter seven
   22  hundred thirty-one of the laws of nineteen hundred ninety-three,  amend-
   23  ing]  TWENTY-FIVE HUNDRED-F-ONE OF the public health law [and other laws
   24  relating to reimbursement, delivery  and  capital  costs  of  ambulatory
   25  health  care  services  and  inpatient  hospital  services],  up to five
   26  million dollars annually for the periods  January  first,  two  thousand
   27  through  December  thirty-first,  two  thousand  two, up to five million
   28  dollars for the period January first, two thousand three through  Decem-
   29  ber  thirty-first,  two  thousand  three, up to two million five hundred
   30  thousand dollars for the period January first, two thousand four through
   31  December thirty-first, two thousand four, up to two million five hundred
   32  thousand dollars for the period January first, two thousand five through
   33  December thirty-first, two thousand five, up to five million dollars for
   34  the period January first, two  thousand  six  through  December  thirty-
   35  first,  two  thousand  six,  up to five million dollars annually for the
   36  period January first, two thousand seven through December  thirty-first,
   37  two  thousand  ten,  [and]  up to one million two hundred fifty thousand
   38  dollars for the period January first, two thousand eleven through  March
   39  thirty-first,  two  thousand eleven, AND UP TO FIVE MILLION DOLLARS EACH
   40  STATE FISCAL YEAR FOR  THE  PERIOD  APRIL  FIRST,  TWO  THOUSAND  ELEVEN
   41  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN;
   42    (d)  (i)  An  amount  of up to twenty million dollars annually for the
   43  period January first, two thousand through  December  thirty-first,  two
   44  thousand  six,  up  to ten million dollars for the period January first,
   45  two thousand seven through June thirtieth, two  thousand  seven,  up  to
   46  twenty  million dollars annually for the period January first, two thou-
   47  sand eight through December thirty-first, two thousand ten, [and] up  to
   48  five  million  dollars for the period January first, two thousand eleven
   49  through March thirty-first, two thousand  eleven,  AND  UP  TO  NINETEEN
   50  MILLION  SIX  HUNDRED  THOUSAND  DOLLARS  EACH STATE FISCAL YEAR FOR THE
   51  PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST,  TWO
   52  THOUSAND  FOURTEEN, shall be transferred to the health facility restruc-
   53  turing pool established pursuant to section twenty-eight hundred fifteen
   54  of this article;
   55    (ii) provided, however, amounts transferred pursuant  to  subparagraph
   56  (i)  of this paragraph may be reduced in an amount to be approved by the
       S. 2809                            35                            A. 4009
    1  director of the budget to reflect the amount received from  the  federal
    2  government  under  the  state's  1115 waiver which is directed under its
    3  terms and conditions to the health facility restructuring program.
    4    (e)  Funds  shall  be  reserved  and accumulated from year to year and
    5  shall be available,  including income from invested funds, for  purposes
    6  of  distributions  to  organizations  to  support  the  health workforce
    7  retraining program established pursuant to section twenty-eight  hundred
    8  seven-g  of  this   article  from the respective health care initiatives
    9  pools established for the following periods  in  the  following  amounts
   10  from  the  pools  or  the  health care reform act (HCRA) resources fund,
   11  whichever is applicable,  during  the  period  January  first,  nineteen
   12  hundred  ninety-seven  through  December  thirty-first, nineteen hundred
   13  ninety-nine, up to fifty million dollars on an annualized basis,  up  to
   14  thirty  million  dollars  for  the  period  January  first, two thousand
   15  through December thirty-first, two thousand, up to forty million dollars
   16  for the period January first, two thousand one through December  thirty-
   17  first,  two  thousand  one,  up  to fifty million dollars for the period
   18  January first, two thousand two through December thirty-first, two thou-
   19  sand two, up to forty-one million one hundred fifty thousand dollars for
   20  the period January first, two thousand three  through  December  thirty-
   21  first,  two  thousand  three,  up to forty-one million one hundred fifty
   22  thousand dollars for the period January first, two thousand four through
   23  December thirty-first, two thousand  four,  up  to  fifty-eight  million
   24  three  hundred  sixty thousand dollars for the period January first, two
   25  thousand five through December thirty-first, two thousand  five,  up  to
   26  fifty-two  million  three  hundred sixty thousand dollars for the period
   27  January first, two thousand six through December thirty-first, two thou-
   28  sand six, up to thirty-five million four hundred thousand dollars  annu-
   29  ally  for  the period January first, two thousand seven through December
   30  thirty-first, two thousand ten [and], up to eight million eight  hundred
   31  fifty thousand dollars for the period January first, two thousand eleven
   32  through  March thirty-first, two thousand eleven, AND UP TO TWENTY-EIGHT
   33  MILLION FOUR HUNDRED THOUSAND DOLLARS EACH STATE  FISCAL  YEAR  FOR  THE
   34  PERIOD  APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO
   35  THOUSAND FOURTEEN, less the amount of funds  available  for  allocations
   36  for  rate  adjustments  for  workforce training programs for payments by
   37  state governmental agencies for inpatient hospital services.
   38    (f) Funds shall be accumulated and transferred from as follows:
   39    (i) from the pool for the period January first, nineteen hundred nine-
   40  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
   41  (A)  thirty-four  million   six hundred thousand dollars shall be trans-
   42  ferred to funds reserved and accumulated pursuant to  paragraph  (b)  of
   43  subdivision  nineteen  of  section  twenty-eight hundred seven-c of this
   44  article, and (B) eighty-two million dollars  shall  be  transferred  and
   45  deposited  and  credited to the credit of the state general fund medical
   46  assistance local assistance account;
   47    (ii) from the pool for the  period  January  first,  nineteen  hundred
   48  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
   49  eight, eighty-two million dollars shall be transferred and deposited and
   50  credited to the credit of the  state  general  fund  medical  assistance
   51  local assistance account;
   52    (iii)  from  the  pool  for the period January first, nineteen hundred
   53  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
   54  eighty-two million dollars shall be transferred and deposited and  cred-
   55  ited  to  the  credit of the state general fund medical assistance local
   56  assistance account;
       S. 2809                            36                            A. 4009
    1    (iv) from the pool or the health  care  reform  act  (HCRA)  resources
    2  fund,  whichever  is applicable, for the period January first, two thou-
    3  sand  through  December  thirty-first,  two  thousand  four,  eighty-two
    4  million dollars annually, and for the period January first, two thousand
    5  five  through  December  thirty-first,  two  thousand  five,  eighty-two
    6  million dollars, and for the period  January  first,  two  thousand  six
    7  through  December  thirty-first,  two  thousand  six, eighty-two million
    8  dollars, and for the period January first, two  thousand  seven  through
    9  December  thirty-first,  two thousand seven, eighty-two million dollars,
   10  and for the period January first, two thousand  eight  through  December
   11  thirty-first,  two thousand eight, ninety million seven hundred thousand
   12  dollars shall be deposited by the  commissioner,  and  the  state  comp-
   13  troller  is hereby authorized and directed to receive for deposit to the
   14  credit of the state special revenue fund - other,  HCRA  transfer  fund,
   15  medical assistance account;
   16    (v)  from  the  health  care  reform act (HCRA) resources fund for the
   17  period January first, two thousand nine through  December  thirty-first,
   18  two  thousand  nine, one hundred eight million nine hundred seventy-five
   19  thousand dollars, and for the period January  first,  two  thousand  ten
   20  through  December thirty-first, two thousand ten, one hundred twenty-six
   21  million one hundred thousand  dollars,  [and]  for  the  period  January
   22  first,  two  thousand  eleven  through  March thirty-first, two thousand
   23  eleven, twenty million five hundred thousand dollars, AND FOR EACH STATE
   24  FISCAL YEAR FOR THE PERIOD APRIL  FIRST,  TWO  THOUSAND  ELEVEN  THROUGH
   25  MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, ONE HUNDRED FORTY-SIX MILLION
   26  FOUR  HUNDRED  THOUSAND DOLLARS, shall be deposited by the commissioner,
   27  and the state comptroller is hereby authorized and directed  to  receive
   28  for  deposit,  to  the credit of the state special revenue fund - other,
   29  HCRA transfer fund, medical assistance account.
   30    (g) Funds shall be transferred to primary health care  services  pools
   31  created  by  the  commissioner, and shall be available, including income
   32  from invested funds, for distributions in accordance with former section
   33  twenty-eight hundred seven-bb of this article from the respective health
   34  care initiatives pools  for  the  following  periods  in  the  following
   35  percentage  amounts  of  funds remaining after allocations in accordance
   36  with paragraphs (a) through (f) of this subdivision:
   37    (i) from the pool for the period January first, nineteen hundred nine-
   38  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
   39  fifteen and eighty-seven-hundredths percent;
   40    (ii)  from  the  pool  for  the period January first, nineteen hundred
   41  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
   42  eight, fifteen and eighty-seven-hundredths percent; and
   43    (iii)  from  the  pool  for the period January first, nineteen hundred
   44  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
   45  sixteen and thirteen-hundredths percent.
   46    (h) Funds shall be reserved and accumulated from year to year  by  the
   47  commissioner  and  shall  be  available,  including income from invested
   48  funds, for purposes of primary care education and training  pursuant  to
   49  article nine of this chapter from the respective health care initiatives
   50  pools  established for the following periods in the following percentage
   51  amounts of funds remaining after allocations in  accordance  with  para-
   52  graphs  (a)  through  (f) of this subdivision and shall be available for
   53  distributions as follows:
   54    (i) funds shall be reserved and accumulated:
       S. 2809                            37                            A. 4009
    1    (A) from the pool for the period January first, nineteen hundred nine-
    2  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    3  six and thirty-five-hundredths percent;
    4    (B) from the pool for the period January first, nineteen hundred nine-
    5  ty-eight  through  December thirty-first, nineteen hundred ninety-eight,
    6  six and thirty-five-hundredths percent; and
    7    (C) from the pool for the period January first, nineteen hundred nine-
    8  ty-nine through December thirty-first, nineteen hundred ninety-nine, six
    9  and forty-five-hundredths percent;
   10    (ii) funds shall be available for distributions including income  from
   11  invested funds as follows:
   12    (A)  for purposes of the primary care physician loan repayment program
   13  in accordance with section nine hundred three of  this  chapter,  up  to
   14  five million dollars on an annualized basis;
   15    (B)  for purposes of the primary care practitioner scholarship program
   16  in accordance with section nine hundred four of this chapter, up to  two
   17  million dollars on an annualized basis;
   18    (C) for purposes of minority participation in medical education grants
   19  in  accordance  with section nine hundred six of this chapter, up to one
   20  million dollars on an annualized basis; and
   21    (D) provided, however, that the commissioner may reallocate any  funds
   22  remaining  or unallocated for distributions for the primary care practi-
   23  tioner scholarship program in accordance with section nine hundred  four
   24  of this chapter.
   25    (i)  Funds  shall  be  reserved  and accumulated from year to year and
   26  shall be available, including income from invested funds,  for  distrib-
   27  utions  in  accordance  with  section  twenty-nine hundred fifty-two and
   28  section twenty-nine hundred fifty-eight of this chapter for rural health
   29  care delivery development and  rural  health  care  access  development,
   30  respectively,  from  the respective health care initiatives pools or the
   31  health care reform act (HCRA) resources fund, whichever  is  applicable,
   32  for  the  following periods in the following percentage amounts of funds
   33  remaining after allocations in accordance with  paragraphs  (a)  through
   34  (f) of this subdivision, and for periods on and after January first, two
   35  thousand, in the following amounts:
   36    (i) from the pool for the period January first, nineteen hundred nine-
   37  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
   38  thirteen and forty-nine-hundredths percent;
   39    (ii) from the pool for the  period  January  first,  nineteen  hundred
   40  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
   41  eight, thirteen and forty-nine-hundredths percent;
   42    (iii) from the pool for the period  January  first,  nineteen  hundred
   43  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
   44  thirteen and seventy-one-hundredths percent;
   45    (iv) from the pool for the periods January first, two thousand through
   46  December thirty-first, two thousand two, seventeen million dollars annu-
   47  ally,  and  for  the  period  January  first, two thousand three through
   48  December thirty-first, two thousand three, up to fifteen  million  eight
   49  hundred fifty thousand dollars;
   50    (v) from the pool or the health care reform act (HCRA) resources fund,
   51  whichever is applicable, for the period January first, two thousand four
   52  through  December thirty-first, two thousand four, up to fifteen million
   53  eight hundred fifty thousand dollars, and for the period January  first,
   54  two  thousand  five through December thirty-first, two thousand five, up
   55  to nineteen million two hundred thousand dollars,  and  for  the  period
   56  January first, two thousand six through December thirty-first, two thou-
       S. 2809                            38                            A. 4009
    1  sand  six,  up to nineteen million two hundred thousand dollars, for the
    2  period January first, two thousand seven through December  thirty-first,
    3  two  thousand  ten,  up  to  eighteen million one hundred fifty thousand
    4  dollars annually, [and] for the period January first, two thousand elev-
    5  en  through  March thirty-first, two thousand eleven, up to four million
    6  five hundred thirty-eight thousand dollars, AND FOR  EACH  STATE  FISCAL
    7  YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR-
    8  TY-FIRST, TWO THOUSAND FOURTEEN, UP TO SIXTEEN MILLION TWO HUNDRED THOU-
    9  SAND DOLLARS.
   10    (j)  Funds  shall  be  reserved  and accumulated from year to year and
   11  shall be available, including income from invested funds,  for  purposes
   12  of  distributions  related to health information and health care quality
   13  improvement pursuant to former section twenty-eight hundred  seven-n  of
   14  this  article  from  the respective health care initiatives pools estab-
   15  lished for the following periods in the following percentage amounts  of
   16  funds  remaining  after  allocations  in  accordance with paragraphs (a)
   17  through (f) of this subdivision:
   18    (i) from the pool for the period January first, nineteen hundred nine-
   19  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
   20  six and thirty-five-hundredths percent;
   21    (ii)  from  the  pool  for  the period January first, nineteen hundred
   22  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
   23  eight, six and thirty-five-hundredths percent; and
   24    (iii)  from  the  pool  for the period January first, nineteen hundred
   25  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
   26  six and forty-five-hundredths percent.
   27    (k) Funds shall be reserved and accumulated  from  year  to  year  and
   28  shall  be  available,  including  income  from invested funds, for allo-
   29  cations  and  distributions  in  accordance  with  section  twenty-eight
   30  hundred  seven-p  of  this  article  for diagnostic and treatment center
   31  uncompensated care from the respective health care initiatives pools  or
   32  the  health care reform act (HCRA) resources fund, whichever is applica-
   33  ble, for the following periods in the following percentage   amounts  of
   34  funds  remaining  after  allocations  in  accordance with paragraphs (a)
   35  through (f) of this subdivision, and for periods on  and  after  January
   36  first, two thousand, in the following amounts:
   37    (i) from the pool for the period January first, nineteen hundred nine-
   38  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
   39  thirty-eight and one-tenth percent;
   40    (ii) from the pool for the  period  January  first,  nineteen  hundred
   41  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
   42  eight, thirty-eight and one-tenth percent;
   43    (iii) from the pool for the period  January  first,  nineteen  hundred
   44  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
   45  thirty-eight and seventy-one-hundredths percent;
   46    (iv) from the pool for the periods January first, two thousand through
   47  December  thirty-first,  two  thousand  two, forty-eight million dollars
   48  annually, and for the period January first, two thousand  three  through
   49  June thirtieth, two thousand three, twenty-four million dollars;
   50    (v)  (A)  from the pool or the health care reform act (HCRA) resources
   51  fund, whichever is applicable, for the period July first,  two  thousand
   52  three  through  December  thirty-first,  two  thousand  three, up to six
   53  million dollars, for the period January first, two thousand four through
   54  December thirty-first, two thousand six, up to  twelve  million  dollars
   55  annually,  for  the  period  January  first,  two thousand seven through
   56  December thirty-first, two thousand [ten] THIRTEEN,  up  to  forty-eight
       S. 2809                            39                            A. 4009
    1  million dollars annually, and for the period January first, two thousand
    2  [eleven]  FOURTEEN  through  March  thirty-first,  two thousand [eleven]
    3  FOURTEEN, up to twelve million dollars;
    4    (B)  from  the  health  care  reform act (HCRA) resources fund for the
    5  period January first, two thousand six  through  December  thirty-first,
    6  two  thousand  six,  an  additional  seven million five hundred thousand
    7  dollars, for the period January first, two thousand seven through Decem-
    8  ber thirty-first, two  thousand  [ten]  THIRTEEN,  an  additional  seven
    9  million five hundred thousand dollars annually, and for the period Janu-
   10  ary  first,  two  thousand [eleven] FOURTEEN through March thirty-first,
   11  two thousand [eleven] FOURTEEN, an additional one million eight  hundred
   12  seventy-five  thousand  dollars, for voluntary non-profit diagnostic and
   13  treatment center  uncompensated  care  in  accordance  with  subdivision
   14  four-c of section twenty-eight hundred seven-p of this article; and
   15    (vi)  funds  reserved  and  accumulated pursuant to this paragraph for
   16  periods on and after July first, two thousand three, shall be  deposited
   17  by  the  commissioner,  within amounts appropriated, and the state comp-
   18  troller is hereby authorized and directed to receive for deposit to  the
   19  credit  of  the state special revenue funds - other, HCRA transfer fund,
   20  medical assistance account, for purposes of funding the state  share  of
   21  rate  adjustments  made pursuant to section twenty-eight hundred seven-p
   22  of this article, provided, however, that in the event federal  financial
   23  participation  is  not  available  for rate adjustments made pursuant to
   24  paragraph (b) of subdivision one of section twenty-eight hundred seven-p
   25  of this article, funds shall be distributed pursuant to paragraph (a) of
   26  subdivision one of section twenty-eight hundred seven-p of this  article
   27  from  the  respective  health  care initiatives pools or the health care
   28  reform act (HCRA) resources fund, whichever is applicable.
   29    (l) Funds shall be reserved and accumulated from year to year  by  the
   30  commissioner  and  shall  be  available,  including income from invested
   31  funds, for transfer to and allocation  for services and expenses for the
   32  payment of benefits to recipients of  drugs under the AIDS drug  assist-
   33  ance  program  (ADAP)  -  HIV  uninsured care program as administered by
   34  Health Research Incorporated from the  respective   health  care  initi-
   35  atives pools or the health care reform act (HCRA) resources fund, which-
   36  ever is applicable, established for the following periods in the follow-
   37  ing   percentage   amounts  of  funds  remaining  after  allocations  in
   38  accordance with paragraphs (a) through (f) of this subdivision, and  for
   39  periods  on  and  after  January  first,  two thousand, in the following
   40  amounts:
   41    (i) from the pool for the period January first, nineteen hundred nine-
   42  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
   43  nine and fifty-two-hundredths percent;
   44    (ii)  from  the  pool  for  the period January first, nineteen hundred
   45  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
   46  eight, nine and fifty-two-hundredths percent;
   47    (iii)  from  the  pool  for the period January first, nineteen hundred
   48  ninety-nine and December  thirty-first,  nineteen  hundred  ninety-nine,
   49  nine and sixty-eight-hundredths percent;
   50    (iv) from the pool for the periods January first, two thousand through
   51  December  thirty-first,  two  thousand two, up to twelve million dollars
   52  annually, and for the period January first, two thousand  three  through
   53  December  thirty-first, two thousand three, up to forty million dollars;
   54  and
   55    (v) from the pool or the health care reform act (HCRA) resources fund,
   56  whichever is applicable, for the periods  January  first,  two  thousand
       S. 2809                            40                            A. 4009
    1  four  through  December thirty-first, two thousand four, up to fifty-six
    2  million dollars, for the period January first, two thousand five through
    3  December thirty-first, two thousand six, up  to  sixty  million  dollars
    4  annually,  for  the  period  January  first,  two thousand seven through
    5  December thirty-first, two thousand ten, up  to  sixty  million  dollars
    6  annually,  [and]  for  the  period  January  first,  two thousand eleven
    7  through March thirty-first, two thousand eleven, up to  fifteen  million
    8  dollars,  AND  EACH  STATE  FISCAL  YEAR FOR THE PERIOD APRIL FIRST, TWO
    9  THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, UP TO
   10  FORTY-TWO MILLION THREE HUNDRED THOUSAND DOLLARS.
   11    (m) Funds shall be reserved and accumulated  from  year  to  year  and
   12  shall  be  available, including income from invested funds, for purposes
   13  of distributions pursuant to section  twenty-eight  hundred  seven-r  of
   14  this article for cancer related services from the respective health care
   15  initiatives  pools  or the health care reform act (HCRA) resources fund,
   16  whichever is applicable, established for the following  periods  in  the
   17  following  percentage  amounts  of  funds remaining after allocations in
   18  accordance with paragraphs (a) through (f) of this subdivision, and  for
   19  periods  on  and  after  January  first,  two thousand, in the following
   20  amounts:
   21    (i) from the pool for the period January first, nineteen hundred nine-
   22  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
   23  seven and ninety-four-hundredths percent;
   24    (ii)  from  the  pool  for  the period January first, nineteen hundred
   25  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
   26  eight, seven and ninety-four-hundredths percent;
   27    (iii)  from  the  pool  for the period January first, nineteen hundred
   28  ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
   29  and forty-five-hundredths percent;
   30    (iv) from the pool for the period January first, two thousand  through
   31  December thirty-first, two thousand two, up to ten million dollars on an
   32  annual basis;
   33    (v)  from  the  pool  for the period January first, two thousand three
   34  through December thirty-first, two thousand four, up  to  eight  million
   35  nine hundred fifty thousand dollars on an annual basis;
   36    (vi)  from  the  pool  or  the health care reform act (HCRA) resources
   37  fund, whichever is applicable, for the period January first,  two  thou-
   38  sand  five  through  December  thirty-first, two thousand six, up to ten
   39  million fifty thousand dollars on an annual basis, for the period  Janu-
   40  ary  first,  two thousand seven through December thirty-first, two thou-
   41  sand ten, up to nineteen million dollars annually, and  for  the  period
   42  January first, two thousand eleven through March thirty-first, two thou-
   43  sand eleven, up to four million seven hundred fifty thousand dollars.
   44    (n)  Funds  shall  be accumulated and transferred from the health care
   45  reform act (HCRA) resources fund as follows: for the period April first,
   46  two thousand seven through March thirty-first, two thousand  eight,  and
   47  on  an  annual  basis  for  the  periods April first, two thousand eight
   48  through November thirtieth, two  thousand  nine,  funds  within  amounts
   49  appropriated  shall  be  transferred  and  deposited and credited to the
   50  credit of the state special revenue funds - other, HCRA  transfer  fund,
   51  medical  assistance  account, for purposes of funding the state share of
   52  rate adjustments made to public and voluntary  hospitals  in  accordance
   53  with  paragraphs  (i) and (j) of subdivision one of section twenty-eight
   54  hundred seven-c of this article.
   55    2. Notwithstanding any inconsistent provision of law,  rule  or  regu-
   56  lation,  any  funds  accumulated  in  the  health care initiatives pools
       S. 2809                            41                            A. 4009
    1  pursuant to paragraph (b) of subdivision nine  of  section  twenty-eight
    2  hundred  seven-j of this article, as a result of surcharges, assessments
    3  or other obligations during the periods January first, nineteen  hundred
    4  ninety-seven  through  December  thirty-first,  nineteen hundred ninety-
    5  nine, which are unused or uncommitted for distributions pursuant to this
    6  section shall be reserved and accumulated  from  year  to  year  by  the
    7  commissioner and, within amounts appropriated, transferred and deposited
    8  into  the  special  revenue funds - other, miscellaneous special revenue
    9  fund - 339, child health insurance account  or  any  successor  fund  or
   10  account,  for  purposes  of  distributions to implement the child health
   11  insurance program established pursuant to sections  twenty-five  hundred
   12  ten  and  twenty-five  hundred eleven of this chapter for periods on and
   13  after January first, two thousand one; provided, however, funds reserved
   14  and accumulated for  priority  distributions  pursuant  to  subparagraph
   15  (iii)  of  paragraph (c) of subdivision one of this section shall not be
   16  transferred and deposited into such account pursuant  to  this  subdivi-
   17  sion; and provided further, however, that any unused or uncommitted pool
   18  funds accumulated and allocated pursuant to paragraph (j) of subdivision
   19  one  of  this  section  shall  be distributed for purposes of the health
   20  information and quality improvement act of 2000.
   21    3. Revenue from distributions pursuant to this section  shall  not  be
   22  included  in  gross  revenue  received  for  purposes of the assessments
   23  pursuant to subdivision eighteen of section twenty-eight hundred seven-c
   24  of this article, subject to the provisions of paragraph (e) of  subdivi-
   25  sion  eighteen  of section twenty-eight hundred seven-c of this article,
   26  and shall not be included in gross revenue received for purposes of  the
   27  assessments  pursuant  to  section  twenty-eight hundred seven-d of this
   28  article, subject to the provisions  of  subdivision  twelve  of  section
   29  twenty-eight hundred seven-d of this article.
   30    S  8.  Subdivision  1  of  section 2807-v of the public health law, as
   31  amended by section 5 of part B of chapter 58 of the laws of 2008,  para-
   32  graphs  (g),  (h),  (i)  and  (i-1) as amended by section 5 of part I of
   33  chapter 2 of the laws of 2009, subparagraphs (xi) and (xii) of paragraph
   34  (j) as amended by section 12, paragraph (jj) as amended by  section  10,
   35  subparagraph  (vii)  of  paragraph  (qq)  as  amended  by section 11 and
   36  subparagraph (vii) of paragraph (uu) as amended by section 9 of  part  B
   37  of  chapter 109 of the laws of 2010, paragraph (s) as amended by section
   38  8, paragraphs (x) and (y) as amended by section  6,  paragraph  (kk)  as
   39  amended  by  section 124, subparagraph (vi) of paragraph (uu) as amended
   40  by section 120, paragraph (xx) as amended by section 10  and  paragraphs
   41  (ggg)  and  (hhh) as amended by section 7 of part C of chapter 58 of the
   42  laws of 2009, is amended to read as follows:
   43    1. Funds accumulated in the tobacco control and insurance  initiatives
   44  pool  or in the health care reform act (HCRA) resources fund established
   45  pursuant to section ninety-two-dd of the state finance law, whichever is
   46  applicable, including income from invested funds, shall  be  distributed
   47  or retained by the commissioner or by the state comptroller, as applica-
   48  ble, in accordance with the following:
   49    (a)  Funds  shall  be  deposited  by  the commissioner, within amounts
   50  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   51  directed  to  receive  for  deposit  to  the credit of the state special
   52  revenue funds - other, HCRA transfer fund, medicaid  fraud  hotline  and
   53  medicaid  administration  account, or any successor fund or account, for
   54  purposes of services and expenses  related  to  the  toll-free  medicaid
   55  fraud hotline established pursuant to section one hundred eight of chap-
   56  ter  one  of  the  laws of nineteen hundred ninety-nine from the tobacco
       S. 2809                            42                            A. 4009
    1  control and insurance initiatives pool  established  for  the  following
    2  periods in the following amounts: four hundred thousand dollars annually
    3  for  the  periods  January  first, two thousand through December thirty-
    4  first,  two  thousand  two,  up to four hundred thousand dollars for the
    5  period January first, two thousand three through December  thirty-first,
    6  two  thousand  three, up to four hundred thousand dollars for the period
    7  January first, two thousand  four  through  December  thirty-first,  two
    8  thousand  four, up to four hundred thousand dollars for the period Janu-
    9  ary first, two thousand five through December thirty-first, two thousand
   10  five, up to four hundred thousand dollars for the period January  first,
   11  two  thousand six through December thirty-first, two thousand six, up to
   12  four hundred thousand dollars for the period January first, two thousand
   13  seven through December thirty-first, two  thousand  seven,  up  to  four
   14  hundred  thousand  dollars  for  the  period January first, two thousand
   15  eight through December thirty-first, two  thousand  eight,  up  to  four
   16  hundred thousand dollars for the period January first, two thousand nine
   17  through  December  thirty-first,  two  thousand nine, up to four hundred
   18  thousand dollars for the period January first, two thousand ten  through
   19  December  thirty-first,  two thousand ten, [and] up to one hundred thou-
   20  sand dollars for the period January first, two thousand  eleven  through
   21  March  thirty-first, two thousand eleven AND WITHIN AMOUNTS APPROPRIATED
   22  ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN.
   23    (b) Funds shall be reserved and accumulated  from  year  to  year  and
   24  shall  be  available, including income from invested funds, for purposes
   25  of payment of audits or audit contracts necessary to determine payor and
   26  provider compliance with requirements set forth in sections twenty-eight
   27  hundred seven-j, twenty-eight hundred seven-s and  twenty-eight  hundred
   28  seven-t  of  this article [and hospital compliance with paragraph six of
   29  subdivision (a) of section 405.4 of title 10 of the official compilation
   30  of codes, rules and regulations of the state of New York  in  accordance
   31  with  subdivision  nine  of  section  twenty-eight hundred three of this
   32  article] from the tobacco control and insurance initiatives pool  estab-
   33  lished  for the following periods in the following amounts: five million
   34  six hundred thousand dollars annually for the periods January first, two
   35  thousand through December thirty-first, two thousand  two,  up  to  five
   36  million dollars for the period January first, two thousand three through
   37  December  thirty-first,  two  thousand three, up to five million dollars
   38  for the period January first, two thousand four through  December  thir-
   39  ty-first,  two  thousand four, up to five million dollars for the period
   40  January first, two thousand five  through  December  thirty  first,  two
   41  thousand  five, up to five million dollars for the period January first,
   42  two thousand six through December thirty-first, two thousand six, up  to
   43  seven  million  eight  hundred  thousand  dollars for the period January
   44  first, two thousand seven through December  thirty-first,  two  thousand
   45  seven,  and  up  to  eight  million  three  hundred twenty-five thousand
   46  dollars for the period January first, two thousand eight through  Decem-
   47  ber  thirty-first,  two thousand eight, up to eight million five hundred
   48  thousand dollars for the period January first, two thousand nine through
   49  December thirty-first, two thousand  nine,  up  to  eight  million  five
   50  hundred  thousand dollars for the period January first, two thousand ten
   51  through December thirty-first, two thousand ten, [and] up to two million
   52  one hundred twenty-five thousand dollars for the period  January  first,
   53  two thousand eleven through March thirty-first, two thousand eleven, AND
   54  UP  TO FOURTEEN MILLION SEVEN HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
   55  YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR-
   56  TY-FIRST, TWO THOUSAND FOURTEEN.
       S. 2809                            43                            A. 4009
    1    (c) Funds shall be  deposited  by  the  commissioner,  within  amounts
    2  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    3  directed to receive for deposit to  the  credit  of  the  state  special
    4  revenue  funds  - other, HCRA transfer fund, enhanced community services
    5  account,  or  any  successor fund or account, for mental health services
    6  programs for case management services for adults and children; supported
    7  housing; home and community based waiver services; family  based  treat-
    8  ment;  family support services; mobile mental health teams; transitional
    9  housing; and community oversight, established pursuant to articles seven
   10  and forty-one of the mental hygiene law and subdivision nine of  section
   11  three  hundred  sixty-six of the social services law; and for comprehen-
   12  sive care centers for eating disorders pursuant to  THE  FORMER  section
   13  twenty-seven  hundred  ninety-nine-l  of  this chapter, provided however
   14  that, for such centers, funds in the amount  of  five  hundred  thousand
   15  dollars  on  an  annualized basis shall be transferred from the enhanced
   16  community services account, or any successor fund or account, and depos-
   17  ited into the fund established by section  ninety-five-e  of  the  state
   18  finance  law;  from  the  tobacco control and insurance initiatives pool
   19  established for the following periods in the following amounts:
   20    (i) forty-eight million dollars to be reserved, to be retained or  for
   21  distribution  pursuant to a chapter of the laws of two thousand, for the
   22  period January first, two thousand through  December  thirty-first,  two
   23  thousand;
   24    (ii)  eighty-seven  million  dollars to be reserved, to be retained or
   25  for distribution pursuant to a chapter of the laws of two thousand  one,
   26  for  the period January first, two thousand one through December thirty-
   27  first, two thousand one;
   28    (iii) eighty-seven million dollars to be reserved, to be  retained  or
   29  for  distribution pursuant to a chapter of the laws of two thousand two,
   30  for the period January first, two thousand two through December  thirty-
   31  first, two thousand two;
   32    (iv)  eighty-eight  million  dollars to be reserved, to be retained or
   33  for distribution pursuant to a chapter  of  the  laws  of  two  thousand
   34  three, for the period January first, two thousand three through December
   35  thirty-first, two thousand three;
   36    (v)  eighty-eight million dollars, plus five hundred thousand dollars,
   37  to be reserved, to be retained or for distribution pursuant to a chapter
   38  of the laws of two thousand four, and pursuant  to  THE  FORMER  section
   39  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
   40  ary first, two thousand four through December thirty-first, two thousand
   41  four;
   42    (vi) eighty-eight million dollars, plus five hundred thousand dollars,
   43  to be reserved, to be retained or for distribution pursuant to a chapter
   44  of  the  laws  of  two thousand five, and pursuant to THE FORMER section
   45  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
   46  ary first, two thousand five through December thirty-first, two thousand
   47  five;
   48    (vii)  eighty-eight  million  dollars,  plus  five  hundred   thousand
   49  dollars,  to be reserved, to be retained or for distribution pursuant to
   50  a chapter of the laws of two thousand six, and pursuant to section twen-
   51  ty-seven hundred ninety-nine-l of this chapter, for the  period  January
   52  first, two thousand six through December thirty-first, two thousand six;
   53    (viii)  eighty-six  million  four  hundred thousand dollars, plus five
   54  hundred thousand dollars, to be reserved, to be retained or for distrib-
   55  ution pursuant to a chapter of the laws of two thousand seven and pursu-
   56  ant to THE FORMER section twenty-seven  hundred  ninety-nine-l  of  this
       S. 2809                            44                            A. 4009
    1  chapter, for the period January first, two thousand seven through Decem-
    2  ber thirty-first, two thousand seven; and
    3    (ix)  twenty-two  million nine hundred thirteen thousand dollars, plus
    4  one hundred twenty-five thousand dollars, to be reserved, to be retained
    5  or for distribution pursuant to a chapter of the laws  of  two  thousand
    6  eight  and  pursuant  to THE FORMER section twenty-seven hundred ninety-
    7  nine-l of this chapter, for the period January first, two thousand eight
    8  through March thirty-first, two thousand eight.
    9    (d) Funds shall be  deposited  by  the  commissioner,  within  amounts
   10  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   11  directed to receive for deposit to  the  credit  of  the  state  special
   12  revenue  funds  - other, HCRA transfer fund, medical assistance account,
   13  or any successor fund or account, for  purposes  of  funding  the  state
   14  share of services and expenses related to the family health plus program
   15  including up to two and one-half million dollars annually for the period
   16  January  first, two thousand through December thirty-first, two thousand
   17  two, for administration and marketing costs associated with such program
   18  established pursuant to clause (A) of subparagraph (v) of paragraph  (a)
   19  of  subdivision two of section three hundred sixty-nine-ee of the social
   20  services law from the tobacco control  and  insurance  initiatives  pool
   21  established for the following periods in the following amounts:
   22    (i) three million five hundred thousand dollars for the period January
   23  first, two thousand through December thirty-first, two thousand;
   24    (ii)  twenty-seven  million  dollars for the period January first, two
   25  thousand one through December thirty-first, two thousand one; and
   26    (iii) fifty-seven million dollars for the period  January  first,  two
   27  thousand two through December thirty-first, two thousand two.
   28    (e)  Funds  shall  be  deposited  by  the commissioner, within amounts
   29  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   30  directed  to  receive  for  deposit  to  the credit of the state special
   31  revenue funds - other, HCRA transfer fund, medical  assistance  account,
   32  or  any  successor  fund  or  account, for purposes of funding the state
   33  share of services and expenses related to the family health plus program
   34  including up to two and one-half million dollars annually for the period
   35  January first, two thousand through December thirty-first, two  thousand
   36  two  for administration and marketing costs associated with such program
   37  established pursuant to clause (B) of subparagraph (v) of paragraph  (a)
   38  of  subdivision two of section three hundred sixty-nine-ee of the social
   39  services law from the tobacco control  and  insurance  initiatives  pool
   40  established for the following periods in the following amounts:
   41    (i)  two  million five hundred thousand dollars for the period January
   42  first, two thousand through December thirty-first, two thousand;
   43    (ii) thirty million five hundred thousand dollars for the period Janu-
   44  ary first, two thousand one through December thirty-first, two  thousand
   45  one; and
   46    (iii)  sixty-six  million  dollars  for  the period January first, two
   47  thousand two through December thirty-first, two thousand two.
   48    (f) Funds shall be  deposited  by  the  commissioner,  within  amounts
   49  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   50  directed to receive for deposit to  the  credit  of  the  state  special
   51  revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
   52  medicaid administration account, or any successor fund or  account,  for
   53  purposes of payment of administrative expenses of the department related
   54  to  the family health plus program established pursuant to section three
   55  hundred sixty-nine-ee of  the  social  services  law  from  the  tobacco
   56  control  and  insurance  initiatives  pool established for the following
       S. 2809                            45                            A. 4009
    1  periods in the following amounts: five hundred thousand  dollars  on  an
    2  annual  basis for the periods January first, two thousand through Decem-
    3  ber thirty-first, two thousand six, five hundred  thousand  dollars  for
    4  the  period  January  first, two thousand seven through December thirty-
    5  first, two thousand seven, and five hundred  thousand  dollars  for  the
    6  period  January first, two thousand eight through December thirty-first,
    7  two thousand eight, five hundred thousand dollars for the period January
    8  first, two thousand nine through  December  thirty-first,  two  thousand
    9  nine,  five  hundred  thousand dollars for the period January first, two
   10  thousand ten through December thirty-first, two thousand ten, [and]  one
   11  hundred  twenty-five  thousand dollars for the period January first, two
   12  thousand eleven through March  thirty-first,  two  thousand  eleven  AND
   13  WITHIN AMOUNTS APPROPRIATED ON AND AFTER APRIL FIRST, TWO THOUSAND ELEV-
   14  EN.
   15    (g)  Funds  shall  be  reserved  and accumulated from year to year and
   16  shall be available, including income from invested funds,  for  purposes
   17  of  services and expenses related to the health maintenance organization
   18  direct pay market program established pursuant to  sections  forty-three
   19  hundred  twenty-one-a and forty-three hundred twenty-two-a of the insur-
   20  ance law from the tobacco control and insurance initiatives pool  estab-
   21  lished for the following periods in the following amounts:
   22    (i)  up  to  thirty-five million dollars for the period January first,
   23  two thousand through December thirty-first, two thousand of which  fifty
   24  percentum  shall  be  allocated  to the program pursuant to section four
   25  thousand three hundred twenty-one-a  of  the  insurance  law  and  fifty
   26  percentum to the program pursuant to section four thousand three hundred
   27  twenty-two-a of the insurance law;
   28    (ii)  up  to  thirty-six million dollars for the period January first,
   29  two thousand one through December  thirty-first,  two  thousand  one  of
   30  which  fifty  percentum  shall  be  allocated to the program pursuant to
   31  section four thousand three hundred twenty-one-a of  the  insurance  law
   32  and  fifty  percentum  to  the program pursuant to section four thousand
   33  three hundred twenty-two-a of the insurance law;
   34    (iii) up to thirty-nine million dollars for the period January  first,
   35  two  thousand  two  through  December  thirty-first, two thousand two of
   36  which fifty percentum shall be allocated  to  the  program  pursuant  to
   37  section  four  thousand  three hundred twenty-one-a of the insurance law
   38  and fifty percentum to the program pursuant  to  section  four  thousand
   39  three hundred twenty-two-a of the insurance law;
   40    (iv)  up  to  forty  million dollars for the period January first, two
   41  thousand three through December  thirty-first,  two  thousand  three  of
   42  which  fifty  percentum  shall  be  allocated to the program pursuant to
   43  section four thousand three hundred twenty-one-a of  the  insurance  law
   44  and  fifty  percentum  to  the program pursuant to section four thousand
   45  three hundred twenty-two-a of the insurance law;
   46    (v) up to forty million dollars for  the  period  January  first,  two
   47  thousand  four through December thirty-first, two thousand four of which
   48  fifty percentum shall be allocated to the program  pursuant  to  section
   49  four  thousand three hundred twenty-one-a of the insurance law and fifty
   50  percentum to the program pursuant to section four thousand three hundred
   51  twenty-two-a of the insurance law;
   52    (vi) up to forty million dollars for the  period  January  first,  two
   53  thousand  five through December thirty-first, two thousand five of which
   54  fifty percentum shall be allocated to the program  pursuant  to  section
   55  four  thousand three hundred twenty-one-a of the insurance law and fifty
       S. 2809                            46                            A. 4009
    1  percentum to the program pursuant to section four thousand three hundred
    2  twenty-two-a of the insurance law;
    3    (vii)  up  to  forty million dollars for the period January first, two
    4  thousand six through December thirty-first, two thousand  six  of  which
    5  fifty  percentum  shall  be allocated to the program pursuant to section
    6  four thousand three hundred twenty-one-a of the insurance law and  fifty
    7  percentum  shall  be  allocated  to the program pursuant to section four
    8  thousand three hundred twenty-two-a of the insurance law;
    9    (viii) up to forty million dollars for the period January  first,  two
   10  thousand  seven  through  December  thirty-first,  two thousand seven of
   11  which fifty percentum shall be allocated  to  the  program  pursuant  to
   12  section  four  thousand  three hundred twenty-one-a of the insurance law
   13  and fifty percentum shall  be  allocated  to  the  program  pursuant  to
   14  section  four  thousand three hundred twenty-two-a of the insurance law;
   15  and
   16    (ix) up to forty million dollars for the  period  January  first,  two
   17  thousand  eight  through  December  thirty-first,  two thousand eight of
   18  which fifty per centum shall be allocated to  the  program  pursuant  to
   19  section  four  thousand  three hundred twenty-one-a of the insurance law
   20  and fifty per centum shall be  allocated  to  the  program  pursuant  to
   21  section four thousand three hundred twenty-two-a of the insurance law.
   22    (h)  Funds  shall  be  reserved  and accumulated from year to year and
   23  shall be available, including income from invested funds,  for  purposes
   24  of  services  and  expenses  related  to the healthy New York individual
   25  program established pursuant to sections  four  thousand  three  hundred
   26  twenty-six and four thousand three hundred twenty-seven of the insurance
   27  law  from the tobacco control and insurance initiatives pool established
   28  for the following periods in the following amounts:
   29    (i) up to six million dollars for the period January first, two  thou-
   30  sand one through December thirty-first, two thousand one;
   31    (ii)  up  to twenty-nine million dollars for the period January first,
   32  two thousand two through December thirty-first, two thousand two;
   33    (iii) up to five million one hundred thousand dollars for  the  period
   34  January  first,  two  thousand  three through December thirty-first, two
   35  thousand three;
   36    (iv) up to twenty-four million six hundred thousand  dollars  for  the
   37  period  January  first, two thousand four through December thirty-first,
   38  two thousand four;
   39    (v) up to thirty-four million six hundred  thousand  dollars  for  the
   40  period  January  first, two thousand five through December thirty-first,
   41  two thousand five;
   42    (vi) up to fifty-four million eight hundred thousand dollars  for  the
   43  period  January  first,  two thousand six through December thirty-first,
   44  two thousand six;
   45    (vii) up to sixty-one million seven hundred thousand dollars  for  the
   46  period  January first, two thousand seven through December thirty-first,
   47  two thousand seven; and
   48    (viii) up to one hundred three million seven  hundred  fifty  thousand
   49  dollars  for the period January first, two thousand eight through Decem-
   50  ber thirty-first, two thousand eight.
   51    (i) Funds shall be reserved and accumulated  from  year  to  year  and
   52  shall  be  available, including income from invested funds, for purposes
   53  of services and expenses related to the healthy New York  group  program
   54  established  pursuant to sections four thousand three hundred twenty-six
   55  and four thousand three hundred twenty-seven of the insurance  law  from
       S. 2809                            47                            A. 4009
    1  the  tobacco  control and insurance initiatives pool established for the
    2  following periods in the following amounts:
    3    (i)  up  to  thirty-four million dollars for the period January first,
    4  two thousand one through December thirty-first, two thousand one;
    5    (ii) up to seventy-seven million dollars for the period January first,
    6  two thousand two through December thirty-first, two thousand two;
    7    (iii) up to ten million five hundred thousand dollars for  the  period
    8  January  first,  two  thousand  three through December thirty-first, two
    9  thousand three;
   10    (iv) up to twenty-four million six hundred thousand  dollars  for  the
   11  period  January  first, two thousand four through December thirty-first,
   12  two thousand four;
   13    (v) up to thirty-four million six hundred  thousand  dollars  for  the
   14  period  January  first, two thousand five through December thirty-first,
   15  two thousand five;
   16    (vi) up to fifty-four million eight hundred thousand dollars  for  the
   17  period  January  first,  two thousand six through December thirty-first,
   18  two thousand six;
   19    (vii) up to sixty-one million seven hundred thousand dollars  for  the
   20  period  January first, two thousand seven through December thirty-first,
   21  two thousand seven; and
   22    (viii) up to one hundred three million seven  hundred  fifty  thousand
   23  dollars  for the period January first, two thousand eight through Decem-
   24  ber thirty-first, two thousand eight.
   25    (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
   26  subdivision, the commissioner shall reserve and  accumulate  up  to  two
   27  million  five  hundred thousand dollars annually for the periods January
   28  first, two thousand four through  December  thirty-first,  two  thousand
   29  six,  one  million  four hundred thousand dollars for the period January
   30  first, two thousand seven through December  thirty-first,  two  thousand
   31  seven,  two  million  dollars for the period January first, two thousand
   32  eight through December thirty-first,  two  thousand  eight,  from  funds
   33  otherwise  available  for  distribution  under  such  paragraphs for the
   34  services and expenses related to the  pilot  program  for  entertainment
   35  industry  employees  included  in subsection (b) of section one thousand
   36  one hundred twenty-two of the insurance law,  and  an  additional  seven
   37  hundred  thousand  dollars  annually  for the periods January first, two
   38  thousand four through December thirty-first, two thousand six, an  addi-
   39  tional  three hundred thousand dollars for the period January first, two
   40  thousand seven through June thirtieth, two thousand seven  for  services
   41  and expenses related to the pilot program for displaced workers included
   42  in  subsection (c) of section one thousand one hundred twenty-two of the
   43  insurance law.
   44    (j) Funds shall be reserved and accumulated  from  year  to  year  and
   45  shall  be  available, including income from invested funds, for purposes
   46  of services and expenses related  to  the  tobacco  use  prevention  and
   47  control  program established pursuant to sections thirteen hundred nine-
   48  ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
   49  tobacco control and  insurance  initiatives  pool  established  for  the
   50  following periods in the following amounts:
   51    (i)  up  to  thirty  million dollars for the period January first, two
   52  thousand through December thirty-first, two thousand;
   53    (ii) up to forty million dollars for the  period  January  first,  two
   54  thousand one through December thirty-first, two thousand one;
   55    (iii)  up  to  forty million dollars for the period January first, two
   56  thousand two through December thirty-first, two thousand two;
       S. 2809                            48                            A. 4009
    1    (iv) up to thirty-six million nine hundred fifty thousand dollars  for
    2  the  period  January  first, two thousand three through December thirty-
    3  first, two thousand three;
    4    (v)  up  to thirty-six million nine hundred fifty thousand dollars for
    5  the period January first, two thousand  four  through  December  thirty-
    6  first, two thousand four;
    7    (vi)  up  to forty million six hundred thousand dollars for the period
    8  January first, two thousand  five  through  December  thirty-first,  two
    9  thousand five;
   10    (vii)  up  to eighty-one million nine hundred thousand dollars for the
   11  period January first, two thousand six  through  December  thirty-first,
   12  two thousand six, provided, however, that within amounts appropriated, a
   13  portion  of  such  funds  may  be transferred to the Roswell Park Cancer
   14  Institute Corporation to support costs associated with cancer research;
   15    (viii) up to ninety-four million one hundred  fifty  thousand  dollars
   16  for  the period January first, two thousand seven through December thir-
   17  ty-first, two thousand seven, provided,  however,  that  within  amounts
   18  appropriated,  a portion of such funds may be transferred to the Roswell
   19  Park Cancer Institute  Corporation  to  support  costs  associated  with
   20  cancer research;
   21    (ix)  up to ninety-four million one hundred fifty thousand dollars for
   22  the period January first, two thousand eight  through  December  thirty-
   23  first, two thousand eight;
   24    (x)  up  to ninety-four million one hundred fifty thousand dollars for
   25  the period January first, two thousand  nine  through  December  thirty-
   26  first, two thousand nine;
   27    (xi)  up  to  eighty-seven million seven hundred seventy-five thousand
   28  dollars for the period January first, two thousand ten through  December
   29  thirty-first, two thousand ten; [and]
   30    (xii)  up  to  twenty-one million four hundred twelve thousand dollars
   31  for the period January first, two thousand eleven through March  thirty-
   32  first, two thousand eleven[.]; AND
   33    (XIII) UP TO FIFTY-TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE
   34  FISCAL  YEAR  FOR  THE  PERIOD  APRIL FIRST, TWO THOUSAND ELEVEN THROUGH
   35  MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
   36    (k) Funds shall be  deposited  by  the  commissioner,  within  amounts
   37  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   38  directed to receive for deposit to  the  credit  of  the  state  special
   39  revenue  fund - other, HCRA transfer fund, health care services account,
   40  or any successor fund or account, for purposes of services and  expenses
   41  related  to public health programs, including comprehensive care centers
   42  for eating disorders pursuant to THE FORMER section twenty-seven hundred
   43  ninety-nine-l of this chapter, provided however that, for such  centers,
   44  funds  in  the  amount of five hundred thousand dollars on an annualized
   45  basis shall be transferred from the health care services account, or any
   46  successor fund or account, and deposited into the  fund  established  by
   47  section  ninety-five-e  of  the  state  finance law FOR PERIODS PRIOR TO
   48  MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN, from the  tobacco  control  and
   49  insurance  initiatives pool established for the following periods in the
   50  following amounts:
   51    (i) up to thirty-one million dollars for the period January first, two
   52  thousand through December thirty-first, two thousand;
   53    (ii) up to forty-one million dollars for the period January first, two
   54  thousand one through December thirty-first, two thousand one;
   55    (iii) up to eighty-one million dollars for the period  January  first,
   56  two thousand two through December thirty-first, two thousand two;
       S. 2809                            49                            A. 4009
    1    (iv)  one hundred twenty-two million five hundred thousand dollars for
    2  the period January first, two thousand three  through  December  thirty-
    3  first, two thousand three;
    4    (v)  one  hundred  eight  million  five  hundred seventy-five thousand
    5  dollars, plus an additional five hundred thousand dollars, for the peri-
    6  od January first, two thousand four through December  thirty-first,  two
    7  thousand four;
    8    (vi)  ninety-one million eight hundred thousand dollars, plus an addi-
    9  tional five hundred thousand dollars, for the period January first,  two
   10  thousand five through December thirty-first, two thousand five;
   11    (vii) one hundred fifty-six million six hundred thousand dollars, plus
   12  an  additional  five  hundred  thousand  dollars, for the period January
   13  first, two thousand six through December thirty-first, two thousand six;
   14    (viii) one hundred fifty-one million four  hundred  thousand  dollars,
   15  plus an additional five hundred thousand dollars, for the period January
   16  first,  two  thousand  seven through December thirty-first, two thousand
   17  seven;
   18    (ix) one hundred sixteen  million  nine  hundred  forty-nine  thousand
   19  dollars, plus an additional five hundred thousand dollars, for the peri-
   20  od  January first, two thousand eight through December thirty-first, two
   21  thousand eight;
   22    (x) one hundred  sixteen  million  nine  hundred  forty-nine  thousand
   23  dollars, plus an additional five hundred thousand dollars, for the peri-
   24  od  January  first, two thousand nine through December thirty-first, two
   25  thousand nine;
   26    (xi) one hundred sixteen  million  nine  hundred  forty-nine  thousand
   27  dollars, plus an additional five hundred thousand dollars, for the peri-
   28  od  January  first,  two thousand ten through December thirty-first, two
   29  thousand ten; [and]
   30    (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
   31  hundred  fifty dollars, plus an additional one hundred twenty-five thou-
   32  sand dollars, for the period January first, two thousand eleven  through
   33  March thirty-first, two thousand eleven[.];
   34    (XIII)  ONE  HUNDRED  TWENTY MILLION THIRTY-EIGHT THOUSAND DOLLARS FOR
   35  THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH  THIRTY-FIRST,
   36  TWO THOUSAND TWELVE; AND
   37    (XIV) ONE HUNDRED NINETEEN MILLION FOUR HUNDRED SEVEN THOUSAND DOLLARS
   38  EACH  STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWELVE
   39  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
   40    (l) Funds shall be  deposited  by  the  commissioner,  within  amounts
   41  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   42  directed to receive for deposit to  the  credit  of  the  state  special
   43  revenue  funds  - other, HCRA transfer fund, medical assistance account,
   44  or any successor fund or account, for  purposes  of  funding  the  state
   45  share  of the personal care and certified home health agency rate or fee
   46  increases established pursuant to subdivision  three  of  section  three
   47  hundred  sixty-seven-o  of  the  social  services  law  from the tobacco
   48  control and insurance initiatives pool  established  for  the  following
   49  periods in the following amounts:
   50    (i)  twenty-three  million two hundred thousand dollars for the period
   51  January first, two thousand through December thirty-first, two thousand;
   52    (ii) twenty-three million two hundred thousand dollars for the  period
   53  January first, two thousand one through December thirty-first, two thou-
   54  sand one;
       S. 2809                            50                            A. 4009
    1    (iii) twenty-three million two hundred thousand dollars for the period
    2  January first, two thousand two through December thirty-first, two thou-
    3  sand two;
    4    (iv)  up  to  sixty-five  million two hundred thousand dollars for the
    5  period January first, two thousand three through December  thirty-first,
    6  two thousand three;
    7    (v)  up  to  sixty-five  million  two hundred thousand dollars for the
    8  period January first, two thousand four through  December  thirty-first,
    9  two thousand four;
   10    (vi)  up  to  sixty-five  million two hundred thousand dollars for the
   11  period January first, two thousand five through  December  thirty-first,
   12  two thousand five;
   13    (vii)  up  to  sixty-five million two hundred thousand dollars for the
   14  period January first, two thousand six  through  December  thirty-first,
   15  two thousand six;
   16    (viii)  up  to sixty-five million two hundred thousand dollars for the
   17  period January first, two thousand seven through December  thirty-first,
   18  two thousand seven; and
   19    (ix)  up  to  sixteen  million  three hundred thousand dollars for the
   20  period January first, two thousand eight through March thirty-first, two
   21  thousand eight.
   22    (m) Funds shall be  deposited  by  the  commissioner,  within  amounts
   23  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   24  directed to receive for deposit to  the  credit  of  the  state  special
   25  revenue  funds  - other, HCRA transfer fund, medical assistance account,
   26  or any successor fund or account, for  purposes  of  funding  the  state
   27  share  of  services  and expenses related to home care workers insurance
   28  pilot demonstration programs established pursuant to subdivision two  of
   29  section  three hundred sixty-seven-o of the social services law from the
   30  tobacco control and  insurance  initiatives  pool  established  for  the
   31  following periods in the following amounts:
   32    (i)  three million eight hundred thousand dollars for the period Janu-
   33  ary first, two thousand through December thirty-first, two thousand;
   34    (ii) three million eight hundred thousand dollars for the period Janu-
   35  ary first, two thousand one through December thirty-first, two  thousand
   36  one;
   37    (iii)  three  million  eight  hundred  thousand dollars for the period
   38  January first, two thousand two through December thirty-first, two thou-
   39  sand two;
   40    (iv) up to three million eight hundred thousand dollars for the period
   41  January first, two thousand three  through  December  thirty-first,  two
   42  thousand three;
   43    (v)  up to three million eight hundred thousand dollars for the period
   44  January first, two thousand  four  through  December  thirty-first,  two
   45  thousand four;
   46    (vi) up to three million eight hundred thousand dollars for the period
   47  January  first,  two  thousand  five  through December thirty-first, two
   48  thousand five;
   49    (vii) up to three million eight hundred thousand dollars for the peri-
   50  od January first, two thousand six through  December  thirty-first,  two
   51  thousand six;
   52    (viii)  up  to  three  million  eight hundred thousand dollars for the
   53  period January first, two thousand seven through December  thirty-first,
   54  two thousand seven; and
       S. 2809                            51                            A. 4009
    1    (ix)  up to nine hundred fifty thousand dollars for the period January
    2  first, two thousand  eight  through  March  thirty-first,  two  thousand
    3  eight.
    4    (n) Funds shall be transferred by the commissioner and shall be depos-
    5  ited  to  the credit of the special revenue funds - other, miscellaneous
    6  special revenue fund - 339, elderly  pharmaceutical  insurance  coverage
    7  program  premium  account authorized pursuant to the provisions of title
    8  three of article two of the elder law, or any successor fund or account,
    9  for funding state expenses relating to  the  program  from  the  tobacco
   10  control  and  insurance  initiatives  pool established for the following
   11  periods in the following amounts:
   12    (i) one hundred seven million dollars for the  period  January  first,
   13  two thousand through December thirty-first, two thousand;
   14    (ii)  one  hundred  sixty-four  million dollars for the period January
   15  first, two thousand one through December thirty-first, two thousand one;
   16    (iii) three hundred twenty-two million seven hundred thousand  dollars
   17  for  the period January first, two thousand two through December thirty-
   18  first, two thousand two;
   19    (iv) four hundred thirty-three million three hundred thousand  dollars
   20  for  the period January first, two thousand three through December thir-
   21  ty-first, two thousand three;
   22    (v) five hundred four million one hundred fifty thousand  dollars  for
   23  the  period  January  first,  two thousand four through December thirty-
   24  first, two thousand four;
   25    (vi) five hundred sixty-six million eight hundred thousand dollars for
   26  the period January first, two thousand  five  through  December  thirty-
   27  first, two thousand five;
   28    (vii) six hundred three million one hundred fifty thousand dollars for
   29  the  period  January  first,  two  thousand six through December thirty-
   30  first, two thousand six;
   31    (viii) six hundred sixty million eight hundred  thousand  dollars  for
   32  the  period  January  first, two thousand seven through December thirty-
   33  first, two thousand seven;
   34    (ix) three hundred sixty-seven million four hundred sixty-three  thou-
   35  sand  dollars  for  the period January first, two thousand eight through
   36  December thirty-first, two thousand eight;
   37    (x) three hundred thirty-four million eight hundred twenty-five  thou-
   38  sand  dollars  for  the  period January first, two thousand nine through
   39  December thirty-first, two thousand nine;
   40    (xi) three hundred forty-four million nine  hundred  thousand  dollars
   41  for  the period January first, two thousand ten through December thirty-
   42  first, two thousand ten; [and]
   43    (xii) eighty-seven million seven hundred eighty-eight thousand dollars
   44  for the period January first, two thousand eleven through March  thirty-
   45  first, two thousand eleven[.];
   46    (XIII)  ONE  HUNDRED  FORTY-THREE  MILLION  ONE HUNDRED FIFTY THOUSAND
   47  DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND  ELEVEN  THROUGH  MARCH
   48  THIRTY-FIRST, TWO THOUSAND TWELVE;
   49    (XIV)  ONE  HUNDRED TWENTY MILLION NINE HUNDRED FIFTY THOUSAND DOLLARS
   50  FOR  THE  PERIOD  APRIL  FIRST,  TWO  THOUSAND  TWELVE   THROUGH   MARCH
   51  THIRTY-FIRST, TWO THOUSAND THIRTEEN; AND
   52    (XV)  ONE  HUNDRED  TWENTY-EIGHT  MILLION EIGHT HUNDRED FIFTY THOUSAND
   53  DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND THIRTEEN THROUGH  MARCH
   54  THIRTY-FIRST, TWO THOUSAND FOURTEEN.
   55    (o)  Funds  shall be reserved and accumulated and shall be transferred
   56  to the Roswell Park  Cancer  Institute  Corporation,  from  the  tobacco
       S. 2809                            52                            A. 4009
    1  control  and  insurance  initiatives  pool established for the following
    2  periods in the following amounts:
    3    (i)  up  to  ninety  million dollars for the period January first, two
    4  thousand through December thirty-first, two thousand;
    5    (ii) up to sixty million dollars for the  period  January  first,  two
    6  thousand one through December thirty-first, two thousand one;
    7    (iii)  up to eighty-five million dollars for the period January first,
    8  two thousand two through December thirty-first, two thousand two;
    9    (iv) eighty-five million two hundred fifty thousand  dollars  for  the
   10  period  January first, two thousand three through December thirty-first,
   11  two thousand three;
   12    (v) seventy-eight million dollars for the period  January  first,  two
   13  thousand four through December thirty-first, two thousand four;
   14    (vi)  seventy-eight  million dollars for the period January first, two
   15  thousand five through December thirty-first, two thousand five;
   16    (vii) ninety-one million dollars for the  period  January  first,  two
   17  thousand six through December thirty-first, two thousand six;
   18    (viii) seventy-eight million dollars for the period January first, two
   19  thousand seven through December thirty-first, two thousand seven;
   20    (ix)  seventy-eight  million dollars for the period January first, two
   21  thousand eight through December thirty-first, two thousand eight;
   22    (x) seventy-eight million dollars for the period  January  first,  two
   23  thousand nine through December thirty-first, two thousand nine;
   24    (xi)  seventy-eight  million dollars for the period January first, two
   25  thousand ten through December thirty-first, two thousand ten; [and]
   26    (xii) nineteen million five hundred thousand dollars  for  the  period
   27  January first, two thousand eleven through March thirty-first, two thou-
   28  sand eleven[.]; AND
   29    (XIII)  SIXTY-NINE  MILLION  EIGHT HUNDRED FORTY THOUSAND DOLLARS EACH
   30  STATE FISCAL YEAR FOR  THE  PERIOD  APRIL  FIRST,  TWO  THOUSAND  ELEVEN
   31  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
   32    (p)  Funds  shall  be  deposited  by  the commissioner, within amounts
   33  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   34  directed  to  receive  for  deposit  to  the credit of the state special
   35  revenue funds - other, indigent care fund - 068, indigent care  account,
   36  or  any  successor fund or account, for purposes of providing a medicaid
   37  disproportionate share payment from the high need indigent care  adjust-
   38  ment  pool  established pursuant to section twenty-eight hundred seven-w
   39  of this article, from the tobacco control and insurance initiatives pool
   40  established for the following periods in the following amounts:
   41    (i) eighty-two million dollars annually for the periods January first,
   42  two thousand through December thirty-first, two thousand two;
   43    (ii) up to eighty-two million dollars for the  period  January  first,
   44  two thousand three through December thirty-first, two thousand three;
   45    (iii)  up  to eighty-two million dollars for the period January first,
   46  two thousand four through December thirty-first, two thousand four;
   47    (iv) up to eighty-two million dollars for the  period  January  first,
   48  two thousand five through December thirty-first, two thousand five;
   49    (v) up to eighty-two million dollars for the period January first, two
   50  thousand six through December thirty-first, two thousand six;
   51    (vi)  up  to  eighty-two million dollars for the period January first,
   52  two thousand seven through December thirty-first, two thousand seven;
   53    (vii) up to eighty-two million dollars for the period  January  first,
   54  two thousand eight through December thirty-first, two thousand eight;
   55    (viii)  up to eighty-two million dollars for the period January first,
   56  two thousand nine through December thirty-first, two thousand nine;
       S. 2809                            53                            A. 4009
    1    (ix) up to eighty-two million dollars for the  period  January  first,
    2  two thousand ten through December thirty-first, two thousand ten; [and]
    3    (x)  up to twenty million five hundred thousand dollars for the period
    4  January first, two thousand eleven through March thirty-first, two thou-
    5  sand eleven; AND
    6    (XI) UP TO EIGHTY-TWO MILLION DOLLARS EACH STATE FISCAL YEAR  FOR  THE
    7  PERIOD  APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO
    8  THOUSAND FOURTEEN.
    9    (q) Funds shall be reserved and accumulated  from  year  to  year  and
   10  shall  be  available, including income from invested funds, for purposes
   11  of providing distributions  to  eligible  school  based  health  centers
   12  established  pursuant to section eighty-eight of chapter one of the laws
   13  of nineteen hundred ninety-nine, from the tobacco control and  insurance
   14  initiatives  pool established for the following periods in the following
   15  amounts:
   16    (i) seven million dollars annually for the period January  first,  two
   17  thousand through December thirty-first, two thousand two;
   18    (ii)  up  to  seven  million dollars for the period January first, two
   19  thousand three through December thirty-first, two thousand three;
   20    (iii) up to seven million dollars for the period  January  first,  two
   21  thousand four through December thirty-first, two thousand four;
   22    (iv)  up  to  seven  million dollars for the period January first, two
   23  thousand five through December thirty-first, two thousand five;
   24    (v) up to seven million dollars for  the  period  January  first,  two
   25  thousand six through December thirty-first, two thousand six;
   26    (vi)  up  to  seven  million dollars for the period January first, two
   27  thousand seven through December thirty-first, two thousand seven;
   28    (vii) up to seven million dollars for the period  January  first,  two
   29  thousand eight through December thirty-first, two thousand eight;
   30    (viii)  up  to seven million dollars for the period January first, two
   31  thousand nine through December thirty-first, two thousand nine;
   32    (ix) up to seven million dollars for the  period  January  first,  two
   33  thousand ten through December thirty-first, two thousand ten; [and]
   34    (x)  up  to  one  million seven hundred fifty thousand dollars for the
   35  period January first, two thousand eleven  through  March  thirty-first,
   36  two thousand eleven; AND
   37    (XI) UP TO FIVE MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
   38  YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR-
   39  TY-FIRST, TWO THOUSAND FOURTEEN.
   40    (r) Funds shall be deposited by the commissioner within amounts appro-
   41  priated,  and the state comptroller is hereby authorized and directed to
   42  receive for deposit to the credit of the state special revenue  funds  -
   43  other,  HCRA transfer fund, medical assistance account, or any successor
   44  fund or account, for purposes of providing distributions for  supplemen-
   45  tary   medical  insurance  for  Medicare  part  B  premiums,  physicians
   46  services, outpatient services, medical  equipment,  supplies  and  other
   47  health services, from the tobacco control and insurance initiatives pool
   48  established for the following periods in the following amounts:
   49    (i)  forty-three  million  dollars  for  the period January first, two
   50  thousand through December thirty-first, two thousand;
   51    (ii) sixty-one million dollars for the period January first, two thou-
   52  sand one through December thirty-first, two thousand one;
   53    (iii) sixty-five million dollars for the  period  January  first,  two
   54  thousand two through December thirty-first, two thousand two;
       S. 2809                            54                            A. 4009
    1    (iv)  sixty-seven million five hundred thousand dollars for the period
    2  January first, two thousand three  through  December  thirty-first,  two
    3  thousand three;
    4    (v)  sixty-eight  million  dollars  for  the period January first, two
    5  thousand four through December thirty-first, two thousand four;
    6    (vi) sixty-eight million dollars for the  period  January  first,  two
    7  thousand five through December thirty-first, two thousand five;
    8    (vii)  sixty-eight  million  dollars for the period January first, two
    9  thousand six through December thirty-first, two thousand six;
   10    (viii) seventeen million five hundred thousand dollars for the  period
   11  January  first,  two  thousand  seven through December thirty-first, two
   12  thousand seven;
   13    (ix) sixty-eight million dollars for the  period  January  first,  two
   14  thousand eight through December thirty-first, two thousand eight;
   15    (x)  sixty-eight  million  dollars  for  the period January first, two
   16  thousand nine through December thirty-first, two thousand nine;
   17    (xi) sixty-eight million dollars for the  period  January  first,  two
   18  thousand ten through December thirty-first, two thousand ten; [and]
   19    (xii)  seventeen  million  dollars  for  the period January first, two
   20  thousand eleven through March thirty-first, two thousand eleven[.]; AND
   21    (XIII) SIXTY-EIGHT MILLION DOLLARS EACH  STATE  FISCAL  YEAR  FOR  THE
   22  PERIOD  APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO
   23  THOUSAND FOURTEEN.
   24    (s) Funds shall be deposited by the commissioner within amounts appro-
   25  priated, and the state comptroller is hereby authorized and directed  to
   26  receive  for  deposit to the credit of the state special revenue funds -
   27  other, HCRA transfer fund, medical assistance account, or any  successor
   28  fund  or  account,  for  purposes of providing distributions pursuant to
   29  paragraphs (s-5), (s-6),  (s-7)  and  (s-8)  of  subdivision  eleven  of
   30  section  twenty-eight  hundred  seven-c of this article from the tobacco
   31  control and insurance initiatives pool  established  for  the  following
   32  periods in the following amounts:
   33    (i)  eighteen  million dollars for the period January first, two thou-
   34  sand through December thirty-first, two thousand;
   35    (ii) twenty-four million dollars  annually  for  the  periods  January
   36  first, two thousand one through December thirty-first, two thousand two;
   37    (iii)  up to twenty-four million dollars for the period January first,
   38  two thousand three through December thirty-first, two thousand three;
   39    (iv) up to twenty-four million dollars for the period  January  first,
   40  two thousand four through December thirty-first, two thousand four;
   41    (v)  up  to  twenty-four million dollars for the period January first,
   42  two thousand five through December thirty-first, two thousand five;
   43    (vi) up to twenty-four million dollars for the period  January  first,
   44  two thousand six through December thirty-first, two thousand six;
   45    (vii)  up to twenty-four million dollars for the period January first,
   46  two thousand seven through December thirty-first, two thousand seven;
   47    (viii) up to twenty-four million dollars for the period January first,
   48  two thousand eight through December thirty-first,  two  thousand  eight;
   49  and
   50    (ix)  up  to  twenty-two million dollars for the period January first,
   51  two thousand nine through November thirtieth, two thousand nine.
   52    (t) Funds shall be reserved and accumulated from year to year  by  the
   53  commissioner and shall be made available, including income from invested
   54  funds:
   55    (i)  For  the  purpose  of making grants to a state owned and operated
   56  medical school which does not have a state owned and  operated  hospital
       S. 2809                            55                            A. 4009
    1  on  site  and  available for teaching purposes. Notwithstanding sections
    2  one hundred twelve and one hundred sixty-three of the state finance law,
    3  such grants shall be made in the amount of up to five  hundred  thousand
    4  dollars  for  the  period  January  first, two thousand through December
    5  thirty-first, two thousand;
    6    (ii) For the purpose of making grants to medical schools  pursuant  to
    7  section  eighty-six-a  of  chapter  one  of the laws of nineteen hundred
    8  ninety-nine in the sum of up to four  million  dollars  for  the  period
    9  January first, two thousand through December thirty-first, two thousand;
   10  and
   11    (iii)  The  funds  disbursed pursuant to subparagraphs (i) and (ii) of
   12  this paragraph from the tobacco control and insurance  initiatives  pool
   13  are  contingent upon meeting all funding amounts established pursuant to
   14  paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n),  (p),  (q),  (r)
   15  and  (s)  of  this  subdivision,  paragraph  (a)  of subdivision nine of
   16  section twenty-eight hundred seven-j of  this  article,  and  paragraphs
   17  (a),  (i)  and  (k)  of  subdivision one of section twenty-eight hundred
   18  seven-l of this article.
   19    (u) Funds shall be  deposited  by  the  commissioner,  within  amounts
   20  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   21  directed to receive for deposit to  the  credit  of  the  state  special
   22  revenue  funds  - other, HCRA transfer fund, medical assistance account,
   23  or any successor fund or account, for  purposes  of  funding  the  state
   24  share  of  services  and  expenses  related  to the nursing home quality
   25  improvement demonstration program established pursuant to section  twen-
   26  ty-eight  hundred  eight-d  of this article from the tobacco control and
   27  insurance initiatives pool established for the following periods in  the
   28  following amounts:
   29    (i)  up  to twenty-five million dollars for the period beginning April
   30  first, two thousand two and ending December thirty-first,  two  thousand
   31  two,  and  on  an  annualized  basis,  for each annual period thereafter
   32  beginning January first, two thousand three and ending December  thirty-
   33  first, two thousand four;
   34    (ii)  up  to eighteen million seven hundred fifty thousand dollars for
   35  the period January first, two thousand  five  through  December  thirty-
   36  first, two thousand five; and
   37    (iii)  up  to  fifty-six million five hundred thousand dollars for the
   38  period January first, two thousand six  through  December  thirty-first,
   39  two thousand six.
   40    (v) Funds shall be transferred by the commissioner and shall be depos-
   41  ited  to the credit of the hospital excess liability pool created pursu-
   42  ant to section eighteen of chapter two hundred sixty-six of the laws  of
   43  nineteen  hundred  eighty-six,  or  any  successor  fund or account, for
   44  purposes of expenses related to the purchase of excess medical  malprac-
   45  tice  insurance and the cost of administrating the pool, including costs
   46  associated with the risk  management  program  established  pursuant  to
   47  section  forty-two  of part A of chapter one of the laws of two thousand
   48  two required by paragraph (a) of subdivision one of section eighteen  of
   49  chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
   50  as may be amended from time to time, from the tobacco control and insur-
   51  ance  initiatives  pool  established  for  the  following periods in the
   52  following amounts:
   53    (i) up to fifty million dollars or so much as is needed for the period
   54  January first, two thousand two through December thirty-first, two thou-
   55  sand two;
       S. 2809                            56                            A. 4009
    1    (ii) up to seventy-six million seven hundred thousand dollars for  the
    2  period  January first, two thousand three through December thirty-first,
    3  two thousand three;
    4    (iii)  up  to sixty-five million dollars for the period January first,
    5  two thousand four through December thirty-first, two thousand four;
    6    (iv) up to sixty-five million dollars for the  period  January  first,
    7  two thousand five through December thirty-first, two thousand five;
    8    (v)  up to one hundred thirteen million eight hundred thousand dollars
    9  for the period January first, two thousand six through December  thirty-
   10  first, two thousand six;
   11    (vi)  up  to one hundred thirty million dollars for the period January
   12  first, two thousand seven through December  thirty-first,  two  thousand
   13  seven;
   14    (vii)  up to one hundred thirty million dollars for the period January
   15  first, two thousand eight through December  thirty-first,  two  thousand
   16  eight;
   17    (viii) up to one hundred thirty million dollars for the period January
   18  first,  two  thousand  nine  through December thirty-first, two thousand
   19  nine;
   20    (ix) up to one hundred thirty million dollars for the  period  January
   21  first, two thousand ten through December thirty-first, two thousand ten;
   22  [and]
   23    (x)  up  to  thirty-two  million five hundred thousand dollars for the
   24  period January first, two thousand eleven  through  March  thirty-first,
   25  two thousand eleven[.]; AND
   26    (XI)  UP  TO  ONE  HUNDRED  TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
   27  DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
   28  ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
   29    (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
   30  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   31  directed  to  receive  for  deposit  to  the credit of the state special
   32  revenue funds - other, HCRA transfer fund, medical  assistance  account,
   33  or  any  successor  fund  or  account, for purposes of funding the state
   34  share of the treatment of breast and cervical cancer pursuant  to  para-
   35  graph  (v) of subdivision four of section three hundred sixty-six of the
   36  social services law, from the tobacco control and insurance  initiatives
   37  pool established for the following periods in the following amounts:
   38    (i)  up  to four hundred fifty thousand dollars for the period January
   39  first, two thousand two through December thirty-first, two thousand two;
   40    (ii) up to two million one hundred thousand  dollars  for  the  period
   41  January  first,  two  thousand  three through December thirty-first, two
   42  thousand three;
   43    (iii) up to two million one hundred thousand dollars  for  the  period
   44  January  first,  two  thousand  four  through December thirty-first, two
   45  thousand four;
   46    (iv) up to two million one hundred thousand  dollars  for  the  period
   47  January  first,  two  thousand  five  through December thirty-first, two
   48  thousand five;
   49    (v) up to two million one hundred  thousand  dollars  for  the  period
   50  January first, two thousand six through December thirty-first, two thou-
   51  sand six;
   52    (vi)  up  to  two  million one hundred thousand dollars for the period
   53  January first, two thousand seven  through  December  thirty-first,  two
   54  thousand seven;
       S. 2809                            57                            A. 4009
    1    (vii)  up  to  two million one hundred thousand dollars for the period
    2  January first, two thousand eight  through  December  thirty-first,  two
    3  thousand eight;
    4    (viii)  up  to two million one hundred thousand dollars for the period
    5  January first, two thousand  nine  through  December  thirty-first,  two
    6  thousand nine;
    7    (ix)  up  to  two  million one hundred thousand dollars for the period
    8  January first, two thousand ten through December thirty-first, two thou-
    9  sand ten; [and]
   10    (x) up to five hundred twenty-five thousand  dollars  for  the  period
   11  January first, two thousand eleven through March thirty-first, two thou-
   12  sand eleven[.]; AND
   13    (XI)  UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
   14  YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR-
   15  TY-FIRST, TWO THOUSAND FOURTEEN.
   16    (x) Funds shall be  deposited  by  the  commissioner,  within  amounts
   17  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   18  directed to receive for deposit to  the  credit  of  the  state  special
   19  revenue  funds  - other, HCRA transfer fund, medical assistance account,
   20  or any successor fund or account, for  purposes  of  funding  the  state
   21  share of the non-public general hospital rates increases for recruitment
   22  and retention of health care workers from the tobacco control and insur-
   23  ance  initiatives  pool  established  for  the  following periods in the
   24  following amounts:
   25    (i) twenty-seven million one hundred thousand dollars on an annualized
   26  basis for the period January first, two thousand  two  through  December
   27  thirty-first, two thousand two;
   28    (ii)  fifty  million  eight  hundred thousand dollars on an annualized
   29  basis for the period January first, two thousand three through  December
   30  thirty-first, two thousand three;
   31    (iii)  sixty-nine million three hundred thousand dollars on an annual-
   32  ized basis for the period  January  first,  two  thousand  four  through
   33  December thirty-first, two thousand four;
   34    (iv)  sixty-nine million three hundred thousand dollars for the period
   35  January first, two thousand  five  through  December  thirty-first,  two
   36  thousand five;
   37    (v)  sixty-nine  million three hundred thousand dollars for the period
   38  January first, two thousand six through December thirty-first, two thou-
   39  sand six;
   40    (vi) sixty-five million three hundred thousand dollars for the  period
   41  January  first,  two  thousand  seven through December thirty-first, two
   42  thousand seven;
   43    (vii) sixty-one million one hundred fifty  thousand  dollars  for  the
   44  period  January first, two thousand eight through December thirty-first,
   45  two thousand eight; and
   46    (viii) forty-eight million seven hundred twenty-one  thousand  dollars
   47  for the period January first, two thousand nine through November thirti-
   48  eth, two thousand nine.
   49    (y)  Funds  shall  be  reserved  and accumulated from year to year and
   50  shall be available, including income from invested funds,  for  purposes
   51  of  grants  to public general hospitals for recruitment and retention of
   52  health care workers pursuant to paragraph (b) of subdivision  thirty  of
   53  section  twenty-eight  hundred  seven-c of this article from the tobacco
   54  control and insurance initiatives pool  established  for  the  following
   55  periods in the following amounts:
       S. 2809                            58                            A. 4009
    1    (i)  eighteen  million  five hundred thousand dollars on an annualized
    2  basis for the period January first, two thousand  two  through  December
    3  thirty-first, two thousand two;
    4    (ii)  thirty-seven million four hundred thousand dollars on an annual-
    5  ized basis for the period January  first,  two  thousand  three  through
    6  December thirty-first, two thousand three;
    7    (iii)  fifty-two million two hundred thousand dollars on an annualized
    8  basis for the period January first, two thousand four  through  December
    9  thirty-first, two thousand four;
   10    (iv)  fifty-two  million  two  hundred thousand dollars for the period
   11  January first, two thousand  five  through  December  thirty-first,  two
   12  thousand five;
   13    (v)  fifty-two  million  two  hundred  thousand dollars for the period
   14  January first, two thousand six through December thirty-first, two thou-
   15  sand six;
   16    (vi) forty-nine million dollars for  the  period  January  first,  two
   17  thousand seven through December thirty-first, two thousand seven;
   18    (vii)  forty-nine  million  dollars  for the period January first, two
   19  thousand eight through December thirty-first, two thousand eight; and
   20    (viii) twelve million two hundred fifty thousand dollars for the peri-
   21  od January first, two thousand  nine  through  March  thirty-first,  two
   22  thousand nine.
   23    Provided,  however,  amounts pursuant to this paragraph may be reduced
   24  in an amount to be approved by the director of  the  budget  to  reflect
   25  amounts  received  from  the  federal  government under the state's 1115
   26  waiver which are directed under its terms and conditions to  the  health
   27  workforce recruitment and retention program.
   28    (z)  Funds  shall  be  deposited  by  the commissioner, within amounts
   29  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   30  directed  to  receive  for  deposit  to  the credit of the state special
   31  revenue funds - other, HCRA transfer fund, medical  assistance  account,
   32  or  any  successor  fund  or  account, for purposes of funding the state
   33  share of the non-public residential health care facility rate  increases
   34  for  recruitment  and retention of health care workers pursuant to para-
   35  graph (a) of subdivision eighteen of section twenty-eight hundred  eight
   36  of  this article from the tobacco control and insurance initiatives pool
   37  established for the following periods in the following amounts:
   38    (i) twenty-one million five hundred thousand dollars on an  annualized
   39  basis  for  the  period January first, two thousand two through December
   40  thirty-first, two thousand two;
   41    (ii) thirty-three million three hundred thousand dollars on an annual-
   42  ized basis for the period January  first,  two  thousand  three  through
   43  December thirty-first, two thousand three;
   44    (iii)  forty-six  million three hundred thousand dollars on an annual-
   45  ized basis for the period  January  first,  two  thousand  four  through
   46  December thirty-first, two thousand four;
   47    (iv)  forty-six  million three hundred thousand dollars for the period
   48  January first, two thousand  five  through  December  thirty-first,  two
   49  thousand five;
   50    (v)  forty-six  million  three hundred thousand dollars for the period
   51  January first, two thousand six through December thirty-first, two thou-
   52  sand six;
   53    (vi) thirty million nine hundred thousand dollars for the period Janu-
   54  ary first, two thousand seven through December thirty-first,  two  thou-
   55  sand seven;
       S. 2809                            59                            A. 4009
    1    (vii) twenty-four million seven hundred thousand dollars for the peri-
    2  od  January first, two thousand eight through December thirty-first, two
    3  thousand eight;
    4    (viii)  twelve million three hundred seventy-five thousand dollars for
    5  the period January first, two thousand  nine  through  December  thirty-
    6  first, two thousand nine;
    7    (ix)  nine million three hundred thousand dollars for the period Janu-
    8  ary first, two thousand ten through December thirty-first, two  thousand
    9  ten; and
   10    (x)  two  million  three  hundred twenty-five thousand dollars for the
   11  period January first, two thousand eleven  through  March  thirty-first,
   12  two thousand eleven.
   13    (aa)  Funds  shall  be  reserved and accumulated from year to year and
   14  shall be available, including income from invested funds,  for  purposes
   15  of  grants  to public residential health care facilities for recruitment
   16  and retention of health care workers pursuant to paragraph (b) of subdi-
   17  vision eighteen of section twenty-eight hundred eight  of  this  article
   18  from  the tobacco control and insurance initiatives pool established for
   19  the following periods in the following amounts:
   20    (i) seven million five hundred thousand dollars on an annualized basis
   21  for the period January first, two thousand two through December  thirty-
   22  first, two thousand two;
   23    (ii)  eleven  million  seven hundred thousand dollars on an annualized
   24  basis for the period January first, two thousand three through  December
   25  thirty-first, two thousand three;
   26    (iii)  sixteen  million  two hundred thousand dollars on an annualized
   27  basis for the period January first, two thousand four  through  December
   28  thirty-first, two thousand four;
   29    (iv) sixteen million two hundred thousand dollars for the period Janu-
   30  ary first, two thousand five through December thirty-first, two thousand
   31  five;
   32    (v)  sixteen million two hundred thousand dollars for the period Janu-
   33  ary first, two thousand six through December thirty-first, two  thousand
   34  six;
   35    (vi) ten million eight hundred thousand dollars for the period January
   36  first,  two  thousand  seven through December thirty-first, two thousand
   37  seven;
   38    (vii) six million seven hundred fifty thousand dollars for the  period
   39  January  first,  two  thousand  eight through December thirty-first, two
   40  thousand eight; and
   41    (viii) one million three hundred fifty thousand dollars for the period
   42  January first, two thousand  nine  through  December  thirty-first,  two
   43  thousand nine.
   44    (bb)(i)  Funds  shall be deposited by the commissioner, within amounts
   45  appropriated, and subject  to  the  availability  of  federal  financial
   46  participation,  and  the  state  comptroller  is  hereby  authorized and
   47  directed to receive for deposit to  the  credit  of  the  state  special
   48  revenue  funds  - other, HCRA transfer fund, medical assistance account,
   49  or any successor fund or account, for  the  purpose  of  supporting  the
   50  state  share  of  adjustments  to Medicaid rates of payment for personal
   51  care services provided pursuant to paragraph (e) of subdivision  two  of
   52  section three hundred sixty-five-a of the social services law, for local
   53  social  service districts which include a city with a population of over
   54  one million persons and computed  and  distributed  in  accordance  with
   55  memorandums of understanding to be entered into between the state of New
   56  York and such local social service districts for the purpose of support-
       S. 2809                            60                            A. 4009
    1  ing  the  recruitment  and retention of personal care service workers or
    2  any worker with direct patient care  responsibility,  from  the  tobacco
    3  control  and  insurance  initiatives  pool established for the following
    4  periods and the following amounts:
    5    (A) forty-four million dollars, on an annualized basis, for the period
    6  April  first,  two thousand two through December thirty-first, two thou-
    7  sand two;
    8    (B) seventy-four million dollars, on  an  annualized  basis,  for  the
    9  period  January first, two thousand three through December thirty-first,
   10  two thousand three;
   11    (C) one hundred four million dollars, on an annualized basis, for  the
   12  period  January  first, two thousand four through December thirty-first,
   13  two thousand four;
   14    (D) one hundred thirty-six million dollars, on  an  annualized  basis,
   15  for  the  period January first, two thousand five through December thir-
   16  ty-first, two thousand five;
   17    (E) one hundred thirty-six million dollars, on  an  annualized  basis,
   18  for  the period January first, two thousand six through December thirty-
   19  first, two thousand six;
   20    (F) one hundred thirty-six million  dollars  for  the  period  January
   21  first,  two  thousand  seven through December thirty-first, two thousand
   22  seven;
   23    (G) one hundred thirty-six million  dollars  for  the  period  January
   24  first,  two  thousand  eight through December thirty-first, two thousand
   25  eight;
   26    (H) one hundred thirty-six million  dollars  for  the  period  January
   27  first,  two  thousand  nine  through December thirty-first, two thousand
   28  nine;
   29    (I) one hundred thirty-six million  dollars  for  the  period  January
   30  first, two thousand ten through December thirty-first, two thousand ten;
   31  [and]
   32    (J)  thirty-four  million  dollars  for  the period January first, two
   33  thousand eleven through March thirty-first, two thousand eleven[.]; AND
   34    (K) ONE HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL YEAR  FOR
   35  THE  PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST,
   36  TWO THOUSAND FOURTEEN.
   37    (ii) Adjustments to Medicaid rates made  pursuant  to  this  paragraph
   38  shall  not, in aggregate, exceed the following amounts for the following
   39  periods:
   40    (A) for the period April first,  two  thousand  two  through  December
   41  thirty-first, two thousand two, one hundred ten million dollars;
   42    (B)  for the period January first, two thousand three through December
   43  thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
   44  dollars;
   45    (C)  for  the period January first, two thousand four through December
   46  thirty-first, two thousand four, two hundred sixty million dollars;
   47    (D) for the period January first, two thousand five  through  December
   48  thirty-first, two thousand five, three hundred forty million dollars;
   49    (E)  for  the  period January first, two thousand six through December
   50  thirty-first, two thousand six, three hundred forty million dollars;
   51    (F) for the period January first, two thousand seven through  December
   52  thirty-first, two thousand seven, three hundred forty million dollars;
   53    (G)  for the period January first, two thousand eight through December
   54  thirty-first, two thousand eight, three hundred forty million dollars;
   55    (H) for the period January first, two thousand nine  through  December
   56  thirty-first, two thousand nine, three hundred forty million dollars;
       S. 2809                            61                            A. 4009
    1    (I)  for  the  period January first, two thousand ten through December
    2  thirty-first, two thousand ten, three  hundred  forty  million  dollars;
    3  [and]
    4    (J)  for  the  period January first, two thousand eleven through March
    5  thirty-first, two thousand eleven, eighty-five million dollars[.]; AND
    6    (K) FOR EACH STATE FISCAL YEAR WITHIN  THE  PERIOD  APRIL  FIRST,  TWO
    7  THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, THREE
    8  HUNDRED FORTY MILLION DOLLARS.
    9    (iii)  Personal care service providers which have their rates adjusted
   10  pursuant to this paragraph shall use  such  funds  for  the  purpose  of
   11  recruitment  and  retention  of  non-supervisory  personal care services
   12  workers or any worker with direct patient care responsibility  only  and
   13  are  prohibited  from  using such funds for any other purpose. Each such
   14  personal care services provider shall submit, at a time and in a  manner
   15  to  be determined by the commissioner, a written certification attesting
   16  that such funds will be used solely for the purpose of  recruitment  and
   17  retention of non-supervisory personal care services workers or any work-
   18  er  with direct patient care responsibility. The commissioner is author-
   19  ized to audit each such provider to ensure compliance with  the  written
   20  certification  required  by  this subdivision and shall recoup any funds
   21  determined to have been used for purposes  other  than  recruitment  and
   22  retention of non-supervisory personal care services workers or any work-
   23  er  with direct patient care responsibility. Such recoupment shall be in
   24  addition to any other penalties provided by law.
   25    (cc) Funds shall be deposited  by  the  commissioner,  within  amounts
   26  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   27  directed to receive for deposit to  the  credit  of  the  state  special
   28  revenue  funds  - other, HCRA transfer fund, medical assistance account,
   29  or any successor fund or account, for  the  purpose  of  supporting  the
   30  state  share  of  adjustments  to Medicaid rates of payment for personal
   31  care services provided pursuant to paragraph (e) of subdivision  two  of
   32  section three hundred sixty-five-a of the social services law, for local
   33  social  service  districts  which  shall not include a city with a popu-
   34  lation of over one million persons for the  purpose  of  supporting  the
   35  personal  care  services  worker  recruitment  and  retention program as
   36  established pursuant to  section  three  hundred  sixty-seven-q  of  the
   37  social  services law, from the tobacco control and insurance initiatives
   38  pool established for the following periods and the following amounts:
   39    (i) two million eight hundred thousand dollars for  the  period  April
   40  first, two thousand two through December thirty-first, two thousand two;
   41    (ii)  five  million  six  hundred  thousand  dollars, on an annualized
   42  basis, for the period January first, two thousand three through December
   43  thirty-first, two thousand three;
   44    (iii) eight million four hundred thousand dollars,  on  an  annualized
   45  basis,  for the period January first, two thousand four through December
   46  thirty-first, two thousand four;
   47    (iv) ten million eight hundred  thousand  dollars,  on  an  annualized
   48  basis,  for the period January first, two thousand five through December
   49  thirty-first, two thousand five;
   50    (v) ten million eight  hundred  thousand  dollars,  on  an  annualized
   51  basis,  for  the period January first, two thousand six through December
   52  thirty-first, two thousand six;
   53    (vi) eleven million two hundred thousand dollars for the period  Janu-
   54  ary  first,  two thousand seven through December thirty-first, two thou-
   55  sand seven;
       S. 2809                            62                            A. 4009
    1    (vii) eleven million two hundred thousand dollars for the period Janu-
    2  ary first, two thousand eight through December thirty-first,  two  thou-
    3  sand eight;
    4    (viii)  eleven  million  two  hundred  thousand dollars for the period
    5  January first, two thousand  nine  through  December  thirty-first,  two
    6  thousand nine;
    7    (ix)  eleven million two hundred thousand dollars for the period Janu-
    8  ary first, two thousand ten through December thirty-first, two  thousand
    9  ten; [and]
   10    (x)  two million eight hundred thousand dollars for the period January
   11  first, two thousand eleven  through  March  thirty-first,  two  thousand
   12  eleven[.]; AND
   13    (XI)  ELEVEN  MILLION  TWO  HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
   14  YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR-
   15  TY-FIRST, TWO THOUSAND FOURTEEN.
   16    (dd) Funds shall be deposited  by  the  commissioner,  within  amounts
   17  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   18  directed to receive for deposit to  the  credit  of  the  state  special
   19  revenue fund - other, HCRA transfer fund, medical assistance account, or
   20  any  successor  fund or account, for purposes of funding the state share
   21  of Medicaid expenditures for physician services from the tobacco control
   22  and insurance initiatives pool established for the following periods  in
   23  the following amounts:
   24    (i)  up to fifty-two million dollars for the period January first, two
   25  thousand two through December thirty-first, two thousand two;
   26    (ii) eighty-one million two hundred thousand dollars  for  the  period
   27  January  first,  two  thousand  three through December thirty-first, two
   28  thousand three;
   29    (iii) eighty-five million two hundred thousand dollars for the  period
   30  January  first,  two  thousand  four  through December thirty-first, two
   31  thousand four;
   32    (iv) eighty-five million two hundred thousand dollars for  the  period
   33  January  first,  two  thousand  five  through December thirty-first, two
   34  thousand five;
   35    (v) eighty-five million two hundred thousand dollars  for  the  period
   36  January first, two thousand six through December thirty-first, two thou-
   37  sand six;
   38    (vi) [eight-five] EIGHTY-FIVE million two hundred thousand dollars for
   39  the  period  January  first, two thousand seven through December thirty-
   40  first, two thousand seven;
   41    (vii) eighty-five million two hundred thousand dollars for the  period
   42  January  first,  two  thousand  eight through December thirty-first, two
   43  thousand eight;
   44    (viii) eighty-five million two hundred thousand dollars for the period
   45  January first, two thousand  nine  through  December  thirty-first,  two
   46  thousand nine;
   47    (ix)  eighty-five  million two hundred thousand dollars for the period
   48  January first, two thousand ten through December thirty-first, two thou-
   49  sand ten; [and]
   50    (x) twenty-one million three hundred thousand dollars for  the  period
   51  January first, two thousand eleven through March thirty-first, two thou-
   52  sand eleven[.]; AND
   53    (XI)  EIGHTY-FIVE  MILLION  TWO  HUNDRED  THOUSAND  DOLLARS EACH STATE
   54  FISCAL YEAR FOR THE PERIOD APRIL  FIRST,  TWO  THOUSAND  ELEVEN  THROUGH
   55  MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
       S. 2809                            63                            A. 4009
    1    (ee)  Funds  shall  be  deposited  by the commissioner, within amounts
    2  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    3  directed  to  receive  for  deposit  to  the credit of the state special
    4  revenue fund - other, HCRA transfer fund, medical assistance account, or
    5  any  successor  fund or account, for purposes of funding the state share
    6  of the free-standing diagnostic and treatment center rate increases  for
    7  recruitment and retention of health care workers pursuant to subdivision
    8  seventeen of section twenty-eight hundred seven of this article from the
    9  tobacco  control  and  insurance  initiatives  pool  established for the
   10  following periods in the following amounts:
   11    (i) three million two hundred fifty thousand dollars  for  the  period
   12  April  first,  two thousand two through December thirty-first, two thou-
   13  sand two;
   14    (ii) three million two hundred fifty thousand dollars on an annualized
   15  basis for the period January first, two thousand three through  December
   16  thirty-first, two thousand three;
   17    (iii)  three  million two hundred fifty thousand dollars on an annual-
   18  ized basis for the period  January  first,  two  thousand  four  through
   19  December thirty-first, two thousand four;
   20    (iv)  three  million two hundred fifty thousand dollars for the period
   21  January first, two thousand  five  through  December  thirty-first,  two
   22  thousand five;
   23    (v)  three  million  two hundred fifty thousand dollars for the period
   24  January first, two thousand six through December thirty-first, two thou-
   25  sand six;
   26    (vi) three million two hundred fifty thousand dollars for  the  period
   27  January  first,  two  thousand  seven through December thirty-first, two
   28  thousand seven;
   29    (vii) three million four hundred thirty-eight thousand dollars for the
   30  period January first, two thousand eight through December  thirty-first,
   31  two thousand eight;
   32    (viii)  two million four hundred fifty thousand dollars for the period
   33  January first, two thousand  nine  through  December  thirty-first,  two
   34  thousand nine;
   35    (ix)  one million five hundred thousand dollars for the period January
   36  first, two thousand ten through December thirty-first, two thousand ten;
   37  and
   38    (x) three hundred twenty-five thousand dollars for the period  January
   39  first,  two  thousand  eleven  through  March thirty-first, two thousand
   40  eleven.
   41    (ff) Funds shall be deposited  by  the  commissioner,  within  amounts
   42  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   43  directed to receive for deposit to  the  credit  of  the  state  special
   44  revenue fund - other, HCRA transfer fund, medical assistance account, or
   45  any  successor  fund or account, for purposes of funding the state share
   46  of Medicaid expenditures for disabled persons as authorized pursuant  to
   47  subparagraphs twelve and thirteen of paragraph (a) of subdivision one of
   48  section  three  hundred  sixty-six  of  the social services law from the
   49  tobacco control and  insurance  initiatives  pool  established  for  the
   50  following periods in the following amounts:
   51    (i)  one  million  eight hundred thousand dollars for the period April
   52  first, two thousand two through December thirty-first, two thousand two;
   53    (ii) sixteen million four hundred thousand dollars  on  an  annualized
   54  basis  for the period January first, two thousand three through December
   55  thirty-first, two thousand three;
       S. 2809                            64                            A. 4009
    1    (iii) eighteen million seven hundred thousand dollars on an annualized
    2  basis for the period January first, two thousand four  through  December
    3  thirty-first, two thousand four;
    4    (iv)  thirty million six hundred thousand dollars for the period Janu-
    5  ary first, two thousand five through December thirty-first, two thousand
    6  five;
    7    (v) thirty million six hundred thousand dollars for the period January
    8  first, two thousand six through December thirty-first, two thousand six;
    9    (vi) thirty million six hundred thousand dollars for the period  Janu-
   10  ary  first,  two thousand seven through December thirty-first, two thou-
   11  sand seven;
   12    (vii) fifteen million dollars for the period January first, two  thou-
   13  sand eight through December thirty-first, two thousand eight;
   14    (viii) fifteen million dollars for the period January first, two thou-
   15  sand nine through December thirty-first, two thousand nine;
   16    (ix)  fifteen  million dollars for the period January first, two thou-
   17  sand ten through December thirty-first, two thousand ten; [and]
   18    (x) three million seven hundred fifty thousand dollars for the  period
   19  January first, two thousand eleven through March thirty-first, two thou-
   20  sand eleven[.]; AND
   21    (XI)  FIFTEEN  MILLION  DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD
   22  APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST,  TWO  THOU-
   23  SAND FOURTEEN.
   24    (gg)  Funds  shall  be  reserved and accumulated from year to year and
   25  shall be available, including income from invested funds,  for  purposes
   26  of  grants  to non-public general hospitals pursuant to paragraph (c) of
   27  subdivision thirty of section twenty-eight hundred seven-c of this arti-
   28  cle from the tobacco control and insurance initiatives pool  established
   29  for the following periods in the following amounts:
   30    (i)  up to one million three hundred thousand dollars on an annualized
   31  basis for the period January first, two thousand  two  through  December
   32  thirty-first, two thousand two;
   33    (ii) up to three million two hundred thousand dollars on an annualized
   34  basis  for the period January first, two thousand three through December
   35  thirty-first, two thousand three;
   36    (iii) up to five million six hundred thousand dollars on an annualized
   37  basis for the period January first, two thousand four  through  December
   38  thirty-first, two thousand four;
   39    (iv)  up  to eight million six hundred thousand dollars for the period
   40  January first, two thousand  five  through  December  thirty-first,  two
   41  thousand five;
   42    (v)  up to eight million six hundred thousand dollars on an annualized
   43  basis for the period January first, two thousand  six  through  December
   44  thirty-first, two thousand six;
   45    (vi)  up  to  two  million six hundred thousand dollars for the period
   46  January first, two thousand seven  through  December  thirty-first,  two
   47  thousand seven;
   48    (vii)  up  to  two million six hundred thousand dollars for the period
   49  January first, two thousand eight  through  December  thirty-first,  two
   50  thousand eight;
   51    (viii)  up  to two million six hundred thousand dollars for the period
   52  January first, two thousand  nine  through  December  thirty-first,  two
   53  thousand nine;
   54    (ix)  up  to  two  million six hundred thousand dollars for the period
   55  January first, two thousand ten through December thirty-first, two thou-
   56  sand ten; and
       S. 2809                            65                            A. 4009
    1    (x) up to six hundred fifty thousand dollars for  the  period  January
    2  first,  two  thousand  eleven  through  March thirty-first, two thousand
    3  eleven.
    4    (hh)  Funds  shall  be  deposited  by the commissioner, within amounts
    5  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    6  directed  to  receive  for  deposit to the credit of the special revenue
    7  fund -  other,  HCRA  transfer  fund,  medical  assistance  account  for
    8  purposes  of  providing  financial assistance to residential health care
    9  facilities pursuant to subdivisions nineteen and twenty-one  of  section
   10  twenty-eight hundred eight of this article, from the tobacco control and
   11  insurance  initiatives pool established for the following periods in the
   12  following amounts:
   13    (i) for the period April first,  two  thousand  two  through  December
   14  thirty-first, two thousand two, ten million dollars;
   15    (ii) for the period January first, two thousand three through December
   16  thirty-first,  two thousand three, nine million four hundred fifty thou-
   17  sand dollars;
   18    (iii) for the period January first, two thousand four through December
   19  thirty-first, two thousand four, nine million three hundred fifty  thou-
   20  sand dollars;
   21    (iv)  up  to fifteen million dollars for the period January first, two
   22  thousand five through December thirty-first, two thousand five;
   23    (v) up to fifteen million dollars for the period  January  first,  two
   24  thousand six through December thirty-first, two thousand six;
   25    (vi)  up  to fifteen million dollars for the period January first, two
   26  thousand seven through December thirty-first, two thousand seven;
   27    (vii) up to fifteen million dollars for the period January first,  two
   28  thousand eight through December thirty-first, two thousand eight;
   29    (viii) up to fifteen million dollars for the period January first, two
   30  thousand nine through December thirty-first, two thousand nine;
   31    (ix)  up  to fifteen million dollars for the period January first, two
   32  thousand ten through December thirty-first, two thousand ten; [and]
   33    (x) up to three million seven hundred fifty thousand dollars  for  the
   34  period  January  first,  two thousand eleven through March thirty-first,
   35  two thousand eleven[.]; AND
   36    (XI) FIFTEEN MILLION DOLLARS EACH STATE FISCAL  YEAR  FOR  THE  PERIOD
   37  APRIL  FIRST,  TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
   38  SAND FOURTEEN.
   39    (ii) Funds shall be deposited  by  the  commissioner,  within  amounts
   40  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   41  directed to receive for deposit to  the  credit  of  the  state  special
   42  revenue  funds  - other, HCRA transfer fund, medical assistance account,
   43  or any successor fund or account, for  the  purpose  of  supporting  the
   44  state  share of Medicaid expenditures for disabled persons as authorized
   45  by sections 1619 (a) and (b) of the federal social security act pursuant
   46  to the tobacco control and insurance initiatives  pool  established  for
   47  the following periods in the following amounts:
   48    (i)  six  million  four  hundred thousand dollars for the period April
   49  first, two thousand two through December thirty-first, two thousand two;
   50    (ii) eight million five hundred thousand dollars, for the period Janu-
   51  ary first, two thousand three through December thirty-first,  two  thou-
   52  sand three;
   53    (iii) eight million five hundred thousand dollars for the period Janu-
   54  ary first, two thousand four through December thirty-first, two thousand
   55  four;
       S. 2809                            66                            A. 4009
    1    (iv)  eight million five hundred thousand dollars for the period Janu-
    2  ary first, two thousand five through December thirty-first, two thousand
    3  five;
    4    (v) eight million five hundred thousand dollars for the period January
    5  first, two thousand six through December thirty-first, two thousand six;
    6    (vi) eight million six hundred thousand dollars for the period January
    7  first,  two  thousand  seven through December thirty-first, two thousand
    8  seven;
    9    (vii) eight million five hundred thousand dollars for the period Janu-
   10  ary first, two thousand eight through December thirty-first,  two  thou-
   11  sand eight;
   12    (viii)  eight  million  five  hundred  thousand dollars for the period
   13  January first, two thousand  nine  through  December  thirty-first,  two
   14  thousand nine;
   15    (ix)  eight million five hundred thousand dollars for the period Janu-
   16  ary first, two thousand ten through December thirty-first, two  thousand
   17  ten; [and]
   18    (x) two million one hundred twenty-five thousand dollars for the peri-
   19  od  January  first,  two thousand eleven through March thirty-first, two
   20  thousand eleven; AND
   21    (XI) EIGHT MILLION FIVE HUNDRED THOUSAND  DOLLARS  EACH  STATE  FISCAL
   22  YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR-
   23  TY-FIRST, TWO THOUSAND FOURTEEN.
   24    (jj)  Funds  shall  be  reserved and accumulated from year to year and
   25  shall be available,  including  income  from  invested  funds,  for  the
   26  purposes  of  a grant program to improve access to infertility services,
   27  treatments and procedures, from the tobacco control and insurance initi-
   28  atives pool established for the period January first, two  thousand  two
   29  through  December  thirty-first,  two thousand two in the amount of nine
   30  million one hundred seventy-five thousand dollars, for the period  April
   31  first,  two  thousand six through March thirty-first, two thousand seven
   32  in the amount of five million dollars, for the period April  first,  two
   33  thousand  seven  through  March  thirty-first, two thousand eight in the
   34  amount of five million dollars, for the period April first, two thousand
   35  eight through March thirty-first, two thousand nine  in  the  amount  of
   36  five  million dollars, and for the period April first, two thousand nine
   37  through March thirty-first, two thousand  ten  in  the  amount  of  five
   38  million  dollars,  [and]  for  the  period April first, two thousand ten
   39  through March thirty-first, two thousand eleven in  the  amount  of  two
   40  million  two  hundred  thousand dollars, AND FOR THE PERIOD APRIL FIRST,
   41  TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND  TWELVE  UP
   42  TO ONE MILLION ONE HUNDRED THOUSAND DOLLARS.
   43    (kk)  Funds  shall  be  deposited  by the commissioner, within amounts
   44  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   45  directed  to  receive  for  deposit  to  the credit of the state special
   46  revenue funds -- other, HCRA transfer fund, medical assistance  account,
   47  or  any  successor  fund  or  account, for purposes of funding the state
   48  share of  Medical  Assistance  Program  expenditures  from  the  tobacco
   49  control  and  insurance  initiatives  pool established for the following
   50  periods in the following amounts:
   51    (i) thirty-eight million eight hundred thousand dollars for the period
   52  January first, two thousand two through December thirty-first, two thou-
   53  sand two;
   54    (ii) up to two hundred ninety-five  million  dollars  for  the  period
   55  January  first,  two  thousand  three through December thirty-first, two
   56  thousand three;
       S. 2809                            67                            A. 4009
    1    (iii) up to four hundred seventy-two million dollars  for  the  period
    2  January  first,  two  thousand  four  through December thirty-first, two
    3  thousand four;
    4    (iv)  up to nine hundred million dollars for the period January first,
    5  two thousand five through December thirty-first, two thousand five;
    6    (v) up to eight  hundred  sixty-six  million  three  hundred  thousand
    7  dollars  for the period January first, two thousand six through December
    8  thirty-first, two thousand six;
    9    (vi) up to six hundred sixteen million seven hundred thousand  dollars
   10  for  the period January first, two thousand seven through December thir-
   11  ty-first, two thousand seven;
   12    (vii) up to five hundred seventy-eight million  nine  hundred  twenty-
   13  five  thousand  dollars for the period January first, two thousand eight
   14  through December thirty-first, two thousand eight; and
   15    (viii) within amounts appropriated on and  after  January  first,  two
   16  thousand nine.
   17    (ll)  Funds  shall  be  deposited  by the commissioner, within amounts
   18  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   19  directed  to  receive  for  deposit  to  the credit of the state special
   20  revenue funds -- other, HCRA transfer fund, medical assistance  account,
   21  or  any  successor  fund  or  account, for purposes of funding the state
   22  share of Medicaid expenditures related to the city of New York from  the
   23  tobacco  control  and  insurance  initiatives  pool  established for the
   24  following periods in the following amounts:
   25    (i) eighty-two million seven hundred thousand dollars for  the  period
   26  January first, two thousand two through December thirty-first, two thou-
   27  sand two;
   28    (ii)  one hundred twenty-four million six hundred thousand dollars for
   29  the period January first, two thousand three  through  December  thirty-
   30  first, two thousand three;
   31    (iii)  one  hundred twenty-four million seven hundred thousand dollars
   32  for the period January first, two thousand four through  December  thir-
   33  ty-first, two thousand four;
   34    (iv)  one  hundred  twenty-four million seven hundred thousand dollars
   35  for the period January first, two thousand five through  December  thir-
   36  ty-first, two thousand five;
   37    (v) one hundred twenty-four million seven hundred thousand dollars for
   38  the  period  January  first,  two  thousand six through December thirty-
   39  first, two thousand six;
   40    (vi) one hundred twenty-four million seven  hundred  thousand  dollars
   41  for  the period January first, two thousand seven through December thir-
   42  ty-first, two thousand seven;
   43    (vii) one hundred twenty-four million seven hundred  thousand  dollars
   44  for  the period January first, two thousand eight through December thir-
   45  ty-first, two thousand eight;
   46    (viii) one hundred twenty-four million seven hundred thousand  dollars
   47  for  the  period January first, two thousand nine through December thir-
   48  ty-first, two thousand nine;
   49    (ix) one hundred twenty-four million seven  hundred  thousand  dollars
   50  for  the period January first, two thousand ten through December thirty-
   51  first, two thousand ten; [and]
   52    (x) thirty-one million one hundred seventy-five thousand  dollars  for
   53  the  period  January  first,  two  thousand eleven through March thirty-
   54  first, two thousand eleven[.]; AND
       S. 2809                            68                            A. 4009
    1    (XI) ONE HUNDRED TWENTY-FOUR MILLION SEVEN  HUNDRED  THOUSAND  DOLLARS
    2  EACH  STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN
    3  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN.
    4    (mm)  Funds  shall  be  deposited  by the commissioner, within amounts
    5  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    6  directed  to  receive  for  deposit  to  the credit of the state special
    7  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    8  or  any  successor  fund  or  account, for purposes of funding specified
    9  percentages of the state share of services and expenses related  to  the
   10  family health plus program in accordance with the following schedule:
   11    (i)  (A)  for  the  period  January  first, two thousand three through
   12  December thirty-first, two thousand four, one  hundred  percent  of  the
   13  state share;
   14    (B)  for  the period January first, two thousand five through December
   15  thirty-first, two thousand  five,  seventy-five  percent  of  the  state
   16  share; and,
   17    (C)  for  periods  beginning  on and after January first, two thousand
   18  six, fifty percent of the state share.
   19    (ii) Funding for the family health plus program  will  include  up  to
   20  five million dollars annually for the period January first, two thousand
   21  three  through  December  thirty-first,  two  thousand  six,  up to five
   22  million dollars for the period January first, two thousand seven through
   23  December thirty-first, two thousand  seven,  up  to  seven  million  two
   24  hundred  thousand  dollars  for  the  period January first, two thousand
   25  eight through December thirty-first, two thousand  eight,  up  to  seven
   26  million  two  hundred thousand dollars for the period January first, two
   27  thousand nine through December thirty-first, two thousand  nine,  up  to
   28  seven million two hundred thousand dollars for the period January first,
   29  two  thousand ten through December thirty-first, two thousand ten, [and]
   30  up to one million eight hundred thousand dollars for the period  January
   31  first,  two  thousand  eleven  through  March thirty-first, two thousand
   32  eleven, UP TO SIX MILLION FORTY-NINE THOUSAND  DOLLARS  FOR  THE  PERIOD
   33  APRIL  FIRST,  TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
   34  SAND TWELVE, UP TO SIX MILLION TWO HUNDRED EIGHTY-NINE THOUSAND  DOLLARS
   35  FOR   THE   PERIOD  APRIL  FIRST,  TWO  THOUSAND  TWELVE  THROUGH  MARCH
   36  THIRTY-FIRST, TWO THOUSAND THIRTEEN, AND UP TO SIX MILLION FOUR  HUNDRED
   37  SIXTY-ONE  THOUSAND  DOLLARS  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND
   38  THIRTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, for adminis-
   39  tration and marketing costs associated  with  such  program  established
   40  pursuant  to clauses (A) and (B) of subparagraph (v) of paragraph (a) of
   41  subdivision two of section three hundred  sixty-nine-ee  of  the  social
   42  services  law  from  the  tobacco control and insurance initiatives pool
   43  established for the following periods in the following amounts:
   44    (A) one hundred ninety million six hundred thousand  dollars  for  the
   45  period  January first, two thousand three through December thirty-first,
   46  two thousand three;
   47    (B) three hundred seventy-four million dollars for the period  January
   48  first,  two  thousand  four  through December thirty-first, two thousand
   49  four;
   50    (C) five hundred thirty-eight million four  hundred  thousand  dollars
   51  for  the  period January first, two thousand five through December thir-
   52  ty-first, two thousand five;
   53    (D) three hundred eighteen million seven hundred seventy-five thousand
   54  dollars for the period January first, two thousand six through  December
   55  thirty-first, two thousand six;
       S. 2809                            69                            A. 4009
    1    (E) four hundred eighty-two million eight hundred thousand dollars for
    2  the  period  January  first, two thousand seven through December thirty-
    3  first, two thousand seven;
    4    (F)  five hundred seventy million twenty-five thousand dollars for the
    5  period January first, two thousand eight through December  thirty-first,
    6  two thousand eight;
    7    (G) six hundred ten million seven hundred twenty-five thousand dollars
    8  for  the  period January first, two thousand nine through December thir-
    9  ty-first, two thousand nine;
   10    (H) six hundred twenty-seven million two hundred seventy-five thousand
   11  dollars for the period January first, two thousand ten through  December
   12  thirty-first, two thousand ten; [and]
   13    (I)  one  hundred fifty-seven million eight hundred seventy-five thou-
   14  sand dollars for the period January first, two thousand  eleven  through
   15  March thirty-first, two thousand eleven[.];
   16    (J) SIX HUNDRED TWENTY-EIGHT MILLION FOUR HUNDRED THOUSAND DOLLARS FOR
   17  THE  PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST,
   18  TWO THOUSAND TWELVE;
   19    (K) SIX HUNDRED FIFTY MILLION FOUR HUNDRED THOUSAND  DOLLARS  FOR  THE
   20  PERIOD  APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO
   21  THOUSAND THIRTEEN; AND
   22    (L) SIX HUNDRED FIFTY MILLION FOUR HUNDRED THOUSAND  DOLLARS  FOR  THE
   23  PERIOD  APRIL  FIRST,  TWO THOUSAND THIRTEEN THROUGH MARCH THIRTY-FIRST,
   24  TWO THOUSAND FOURTEEN.
   25    (nn) Funds shall be deposited  by  the  commissioner,  within  amounts
   26  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   27  directed to receive for deposit to  the  credit  of  the  state  special
   28  revenue  fund - other, HCRA transfer fund, health care services account,
   29  or any successor fund or account, for purposes  related  to  adult  home
   30  initiatives  for  medicaid  eligible residents of residential facilities
   31  licensed pursuant to section four hundred sixty-b of the social services
   32  law from the tobacco control and insurance initiatives pool  established
   33  for the following periods in the following amounts:
   34    (i) up to four million dollars for the period January first, two thou-
   35  sand three through December thirty-first, two thousand three;
   36    (ii) up to six million dollars for the period January first, two thou-
   37  sand four through December thirty-first, two thousand four;
   38    (iii)  up  to  eight million dollars for the period January first, two
   39  thousand  five  through  December  thirty-first,  two   thousand   five,
   40  provided,  however,  that  up to five million two hundred fifty thousand
   41  dollars of such funds shall be received by the comptroller and deposited
   42  to the credit of the special revenue fund - other / aid  to  localities,
   43  HCRA  transfer  fund - 061, enhanced community services account - 05, or
   44  any successor fund or account, for the purposes set forth in this  para-
   45  graph;
   46    (iv)  up  to  eight  million dollars for the period January first, two
   47  thousand six through December thirty-first, two thousand six,  provided,
   48  however,  that  up to five million two hundred fifty thousand dollars of
   49  such funds shall be received by the comptroller  and  deposited  to  the
   50  credit  of  the  special  revenue fund - other / aid to localities, HCRA
   51  transfer fund - 061, enhanced community services account -  05,  or  any
   52  successor fund or account, for the purposes set forth in this paragraph;
   53    (v)  up  to  eight  million  dollars for the period January first, two
   54  thousand  seven  through  December  thirty-first,  two  thousand  seven,
   55  provided,  however,  that  up to five million two hundred fifty thousand
   56  dollars of such funds shall be received by the comptroller and deposited
       S. 2809                            70                            A. 4009
    1  to the credit of the special revenue fund - other / aid  to  localities,
    2  HCRA  transfer  fund - 061, enhanced community services account - 05, or
    3  any successor fund or account, for the purposes set forth in this  para-
    4  graph;
    5    (vi)  up  to  two million seven hundred fifty thousand dollars for the
    6  period January first, two thousand eight through December  thirty-first,
    7  two thousand eight;
    8    (vii)  up  to two million seven hundred fifty thousand dollars for the
    9  period January first, two thousand nine through  December  thirty-first,
   10  two thousand nine;
   11    (viii)  up to two million seven hundred fifty thousand dollars for the
   12  period January first, two thousand ten  through  December  thirty-first,
   13  two thousand ten; and
   14    (ix)  up  to  six hundred eighty-eight thousand dollars for the period
   15  January first, two thousand eleven through March thirty-first, two thou-
   16  sand eleven.
   17    (oo) Funds shall be reserved and accumulated from  year  to  year  and
   18  shall  be  available, including income from invested funds, for purposes
   19  of grants to non-public general hospitals pursuant to paragraph  (e)  of
   20  subdivision  twenty-five of section twenty-eight hundred seven-c of this
   21  article from the tobacco control and insurance initiatives  pool  estab-
   22  lished for the following periods in the following amounts:
   23    (i)  up  to five million dollars on an annualized basis for the period
   24  January first, two thousand  four  through  December  thirty-first,  two
   25  thousand four;
   26    (ii)  up  to  five  million  dollars for the period January first, two
   27  thousand five through December thirty-first, two thousand five;
   28    (iii) up to five million dollars for the  period  January  first,  two
   29  thousand six through December thirty-first, two thousand six;
   30    (iv)  up  to  five  million  dollars for the period January first, two
   31  thousand seven through December thirty-first, two thousand seven; and
   32    (v) up to five million dollars for the period January first, two thou-
   33  sand eight through December thirty-first, two thousand eight;
   34    (vi) up to five million dollars for  the  period  January  first,  two
   35  thousand nine through December thirty-first, two thousand nine;
   36    (vii)  up  to  five  million dollars for the period January first, two
   37  thousand ten through December thirty-first, two thousand ten; and
   38    (viii) up to one million two hundred fifty thousand  dollars  for  the
   39  period  January  first,  two thousand eleven through March thirty-first,
   40  two thousand eleven.
   41    (pp) Funds shall be reserved and accumulated from  year  to  year  and
   42  shall  be  available,  including  income  from  invested  funds, for the
   43  purpose of supporting the provision of tax credits for  long  term  care
   44  insurance  pursuant  to subdivision one of section one hundred ninety of
   45  the tax law, paragraph (a) of subdivision twenty-five-a of  section  two
   46  hundred  ten  of such law, subsection (aa) of section six hundred six of
   47  such law, paragraph one of subsection (k) of  section  fourteen  hundred
   48  fifty-six  of  such  law and paragraph one of subdivision (m) of section
   49  fifteen hundred eleven of such law, in the following amounts:
   50    (i) ten million dollars for the period  January  first,  two  thousand
   51  four through December thirty-first, two thousand four;
   52    (ii)  ten  million  dollars for the period January first, two thousand
   53  five through December thirty-first, two thousand five;
   54    (iii) ten million dollars for the period January first,  two  thousand
   55  six through December thirty-first, two thousand six; and
       S. 2809                            71                            A. 4009
    1    (iv)  five  million dollars for the period January first, two thousand
    2  seven through June thirtieth, two thousand seven.
    3    (qq)  Funds  shall  be  reserved and accumulated from year to year and
    4  shall be available,  including  income  from  invested  funds,  for  the
    5  purpose  of  supporting  the  long-term  care  insurance  education  and
    6  outreach program established pursuant to section two hundred seventeen-a
    7  of the elder law for the following periods in the following amounts:
    8    (i) up to five million dollars for the period January first, two thou-
    9  sand four through December thirty-first,  two  thousand  four;  of  such
   10  funds  one  million  nine  hundred  fifty thousand dollars shall be made
   11  available to the department for the purpose of developing,  implementing
   12  and  administering  the  long-term care insurance education and outreach
   13  program and three million fifty thousand dollars shall be  deposited  by
   14  the  commissioner,  within  amounts appropriated, and the comptroller is
   15  hereby authorized and directed to receive for deposit to the  credit  of
   16  the  special  revenue  funds - other, HCRA transfer fund, long term care
   17  insurance resource center account of the state office for the  aging  or
   18  any  future  account designated for the purpose of implementing the long
   19  term care insurance education and outreach  program  and  providing  the
   20  long  term  care insurance resource centers with the necessary resources
   21  to carry out their operations;
   22    (ii) up to five million dollars for  the  period  January  first,  two
   23  thousand  five through December thirty-first, two thousand five; of such
   24  funds one million nine hundred fifty  thousand  dollars  shall  be  made
   25  available  to the department for the purpose of developing, implementing
   26  and administering the long-term care insurance  education  and  outreach
   27  program  and  three million fifty thousand dollars shall be deposited by
   28  the commissioner, within amounts appropriated, and  the  comptroller  is
   29  hereby  authorized  and directed to receive for deposit to the credit of
   30  the special revenue funds - other, HCRA transfer fund,  long  term  care
   31  insurance  resource  center account of the state office for the aging or
   32  any future account designated for the purpose of implementing  the  long
   33  term  care  insurance  education  and outreach program and providing the
   34  long term care insurance resource centers with the  necessary  resources
   35  to carry out their operations;
   36    (iii)  up  to  five  million dollars for the period January first, two
   37  thousand six through December thirty-first, two thousand  six;  of  such
   38  funds  one  million  nine  hundred  fifty thousand dollars shall be made
   39  available to the department for the purpose of developing,  implementing
   40  and  administering  the  long-term care insurance education and outreach
   41  program and three million fifty thousand dollars shall be made available
   42  to the office for the aging for the purpose of providing the  long  term
   43  care  insurance  resource  centers with the necessary resources to carry
   44  out their operations;
   45    (iv) up to five million dollars for  the  period  January  first,  two
   46  thousand  seven  through  December  thirty-first, two thousand seven; of
   47  such funds one million nine hundred fifty thousand dollars shall be made
   48  available to the department for the purpose of developing,  implementing
   49  and  administering  the  long-term care insurance education and outreach
   50  program and three million fifty thousand dollars shall be made available
   51  to the office for the aging for the purpose of providing the  long  term
   52  care  insurance  resource  centers with the necessary resources to carry
   53  out their operations;
   54    (v) up to five million dollars for the period January first, two thou-
   55  sand eight through December thirty-first, two thousand  eight;  of  such
   56  funds  one  million  nine  hundred  fifty thousand dollars shall be made
       S. 2809                            72                            A. 4009
    1  available to the department for the purpose of developing,  implementing
    2  and  administering  the  long term care insurance education and outreach
    3  program and three million fifty thousand dollars shall be made available
    4  to  the  office for the aging for the purpose of providing the long term
    5  care insurance resource centers with the necessary  resources  to  carry
    6  out their operations;
    7    (vi)  up  to  five  million  dollars for the period January first, two
    8  thousand nine through December thirty-first, two thousand nine; of  such
    9  funds  one  million  nine  hundred  fifty thousand dollars shall be made
   10  available to the department for the purpose of developing,  implementing
   11  and  administering  the  long-term care insurance education and outreach
   12  program and three million fifty thousand dollars shall be made available
   13  to the office for the aging for the purpose of providing  the  long-term
   14  care  insurance  resource  centers with the necessary resources to carry
   15  out their operations;
   16    (vii) up to four hundred eighty-eight thousand dollars for the  period
   17  January first, two thousand ten through March thirty-first, two thousand
   18  ten;  of  such funds four hundred eighty-eight thousand dollars shall be
   19  made available to the department for the purpose of  developing,  imple-
   20  menting  and  administering  the  long-term care insurance education and
   21  outreach program.
   22    (rr) Funds shall be reserved and accumulated from the tobacco  control
   23  and  insurance initiatives pool and shall be available, including income
   24  from invested funds, for the purpose of supporting expenses  related  to
   25  implementation  of  the provisions of title III of article twenty-nine-D
   26  of this chapter, for the following periods and in the following amounts:
   27    (i) up to ten million dollars for the period January first, two  thou-
   28  sand six through December thirty-first, two thousand six;
   29    (ii) up to ten million dollars for the period January first, two thou-
   30  sand seven through December thirty-first, two thousand seven;
   31    (iii)  up  to  ten  million  dollars for the period January first, two
   32  thousand eight through December thirty-first, two thousand eight;
   33    (iv) up to ten million dollars for the period January first, two thou-
   34  sand nine through December thirty-first, two thousand nine;
   35    (v) up to ten million dollars for the period January first, two  thou-
   36  sand ten through December thirty-first, two thousand ten; and
   37    (vi)  up  to  two million five hundred thousand dollars for the period
   38  January first, two thousand eleven through March thirty-first, two thou-
   39  sand eleven.
   40    (ss) Funds shall be reserved and accumulated from the tobacco  control
   41  and  insurance initiatives pool and used for a health care stabilization
   42  program established by the commissioner for the purposes of  stabilizing
   43  critical health care providers and health care programs whose ability to
   44  continue  to provide appropriate services are threatened by financial or
   45  other challenges, in the amount of up to  twenty-eight  million  dollars
   46  for the period July first, two thousand four through June thirtieth, two
   47  thousand  five.  Notwithstanding  the  provisions of section one hundred
   48  twelve of the state finance law or any other inconsistent  provision  of
   49  the state finance law or any other law, funds available for distribution
   50  pursuant  to  this  paragraph  may  be  allocated and distributed by the
   51  commissioner, or the state comptroller as applicable without  a  compet-
   52  itive bid or request for proposal process. Considerations relied upon by
   53  the commissioner in determining the allocation and distribution of these
   54  funds  shall  include,  but  not  be  limited to, the following: (i) the
   55  importance of the provider or program in meeting  critical  health  care
   56  needs  in  the  community  in  which  it  operates; (ii) the provider or
       S. 2809                            73                            A. 4009
    1  program provision of care to under-served populations; (iii) the quality
    2  of the care or services the provider or program delivers; (iv) the abil-
    3  ity of the provider or program to continue  to  deliver  an  appropriate
    4  level  of  care or services if additional funding is made available; (v)
    5  the ability of the provider or program to access, in  a  timely  manner,
    6  alternative  sources  of  funding, including other sources of government
    7  funding; (vi) the ability of other providers or programs in the communi-
    8  ty to meet the community health care needs; (vii) whether  the  provider
    9  or  program  has an appropriate plan to improve its financial condition;
   10  and (viii) whether additional  funding  would  permit  the  provider  or
   11  program  to  consolidate,  relocate, or close programs or services where
   12  such actions would result in greater stability  and  efficiency  in  the
   13  delivery of needed health care services or programs.
   14    (tt)  Funds  shall  be  reserved and accumulated from year to year and
   15  shall be available, including income from invested funds,  for  purposes
   16  of  providing  grants  for  two  long  term  care demonstration projects
   17  designed to test new models for the delivery of long term care  services
   18  established  pursuant  to  section  twenty-eight hundred seven-x of this
   19  chapter, for the following periods and in the following amounts:
   20    (i) up to five hundred thousand dollars for the period January  first,
   21  two thousand four through December thirty-first, two thousand four;
   22    (ii) up to five hundred thousand dollars for the period January first,
   23  two thousand five through December thirty-first, two thousand five;
   24    (iii)  up  to  five  hundred  thousand  dollars for the period January
   25  first, two thousand six through December thirty-first, two thousand six;
   26    (iv) up to one million dollars for the period January first, two thou-
   27  sand seven through December thirty-first, two thousand seven; and
   28    (v) up to two hundred fifty thousand dollars for  the  period  January
   29  first,  two  thousand  eight  through  March  thirty-first, two thousand
   30  eight.
   31    (uu) Funds shall be reserved and accumulated from  year  to  year  and
   32  shall  be  available,  including  income  from  invested  funds, for the
   33  purpose of supporting disease management and telemedicine  demonstration
   34  programs  authorized  pursuant  to [sections] SECTION twenty-one hundred
   35  eleven [and thirty-six hundred twenty-one] of this chapter[, respective-
   36  ly,] for the following periods in the following amounts:
   37    (i) five million dollars for the period January  first,  two  thousand
   38  four  through  December  thirty-first, two thousand four, of which three
   39  million dollars shall be available for disease management  demonstration
   40  programs  and  two  million  dollars shall be available for telemedicine
   41  demonstration programs;
   42    (ii) five million dollars for the period January first,  two  thousand
   43  five  through  December  thirty-first, two thousand five, of which three
   44  million dollars shall be available for disease management  demonstration
   45  programs  and  two  million  dollars shall be available for telemedicine
   46  demonstration programs;
   47    (iii) nine million five hundred thousand dollars for the period  Janu-
   48  ary  first, two thousand six through December thirty-first, two thousand
   49  six, of which seven million  five  hundred  thousand  dollars  shall  be
   50  available  for disease management demonstration programs and two million
   51  dollars shall be available for telemedicine demonstration programs;
   52    (iv) nine million five hundred thousand dollars for the period January
   53  first, two thousand seven through December  thirty-first,  two  thousand
   54  seven,  of  which  seven  million five hundred thousand dollars shall be
   55  available for disease management demonstration programs and one  million
   56  dollars shall be available for telemedicine demonstration programs;
       S. 2809                            74                            A. 4009
    1    (v)  nine million five hundred thousand dollars for the period January
    2  first, two thousand eight through December  thirty-first,  two  thousand
    3  eight,  of  which  seven  million five hundred thousand dollars shall be
    4  available for disease management demonstration programs and two  million
    5  dollars shall be available for telemedicine demonstration programs;
    6    (vi)  seven  million eight hundred thirty-three thousand three hundred
    7  thirty-three dollars for the period January  first,  two  thousand  nine
    8  through December thirty-first, two thousand nine, of which seven million
    9  five  hundred thousand dollars shall be available for disease management
   10  demonstration programs and three  hundred  thirty-three  thousand  three
   11  hundred  thirty-three dollars shall be available for telemedicine demon-
   12  stration programs for  the  period  January  first,  two  thousand  nine
   13  through March first, two thousand nine;
   14    (vii)  one million eight hundred seventy-five thousand dollars for the
   15  period January first, two thousand ten through March  thirty-first,  two
   16  thousand  ten  shall  be  available for disease management demonstration
   17  programs.
   18    (ww) Funds shall be deposited  by  the  commissioner,  within  amounts
   19  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   20  directed to receive for the deposit to the credit of the  state  special
   21  revenue  funds  - other, HCRA transfer fund, medical assistance account,
   22  or any successor fund or account, for  purposes  of  funding  the  state
   23  share  of  the  general  hospital  rates  increases  for recruitment and
   24  retention of health care workers pursuant to paragraph (e)  of  subdivi-
   25  sion thirty of section twenty-eight hundred seven-c of this article from
   26  the  tobacco  control and insurance initiatives pool established for the
   27  following periods in the following amounts:
   28    (i) sixty million five hundred thousand dollars for the period January
   29  first, two thousand five through  December  thirty-first,  two  thousand
   30  five; and
   31    (ii)  sixty million five hundred thousand dollars for the period Janu-
   32  ary first, two thousand six through December thirty-first, two  thousand
   33  six.
   34    (xx)  Funds  shall  be  deposited  by the commissioner, within amounts
   35  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   36  directed  to  receive for the deposit to the credit of the state special
   37  revenue funds - other, HCRA transfer fund, medical  assistance  account,
   38  or  any  successor  fund  or  account, for purposes of funding the state
   39  share of the general hospital rates increases for rural hospitals pursu-
   40  ant to subdivision thirty-two of section twenty-eight hundred seven-c of
   41  this article from the tobacco control  and  insurance  initiatives  pool
   42  established for the following periods in the following amounts:
   43    (i) three million five hundred thousand dollars for the period January
   44  first,  two  thousand  five  through December thirty-first, two thousand
   45  five;
   46    (ii) three million five hundred thousand dollars for the period  Janu-
   47  ary  first, two thousand six through December thirty-first, two thousand
   48  six;
   49    (iii) three million five hundred thousand dollars for the period Janu-
   50  ary first, two thousand seven through December thirty-first,  two  thou-
   51  sand seven;
   52    (iv)  three million five hundred thousand dollars for the period Janu-
   53  ary first, two thousand eight through December thirty-first,  two  thou-
   54  sand eight; and
       S. 2809                            75                            A. 4009
    1    (v)  three  million  two hundred eight thousand dollars for the period
    2  January first, two thousand nine through November thirtieth,  two  thou-
    3  sand nine.
    4    (yy)  Funds  shall  be  reserved and accumulated from year to year and
    5  shall be available,  within  amounts  appropriated  and  notwithstanding
    6  section  one  hundred  twelve  of  the  state  finance law and any other
    7  contrary provision of law, for the purpose of supporting grants  not  to
    8  exceed  five  million  dollars  to be made by the commissioner without a
    9  competitive bid or request for  proposal  process,  in  support  of  the
   10  delivery  of  critically  needed  health  care  services, to health care
   11  providers located in the counties of Erie and Niagara which  executed  a
   12  memorandum of closing and conducted a merger closing in escrow on Novem-
   13  ber  twenty-fourth, nineteen hundred ninety-seven and which entered into
   14  a settlement dated December thirtieth, two thousand four for a  loss  on
   15  disposal  of  assets  under the provisions of title XVIII of the federal
   16  social security act applicable to mergers occurring  prior  to  December
   17  first, nineteen hundred ninety-seven.
   18    (zz)  Funds  shall  be  reserved and accumulated from year to year and
   19  shall be available, within amounts  appropriated,  for  the  purpose  of
   20  supporting  expenditures  authorized  pursuant  to  section twenty-eight
   21  hundred eighteen of this article from the tobacco control and  insurance
   22  initiatives  pool established for the following periods in the following
   23  amounts:
   24    (i) six million five hundred thousand dollars for the  period  January
   25  first,  two  thousand  five  through December thirty-first, two thousand
   26  five;
   27    (ii) one hundred eight million three hundred thousand dollars for  the
   28  period  January  first,  two thousand six through December thirty-first,
   29  two thousand six, provided, however, that within amounts appropriated in
   30  the two thousand six through two thousand seven  state  fiscal  year,  a
   31  portion  of  such  funds  may  be transferred to the Roswell Park Cancer
   32  Institute Corporation to fund capital costs;
   33    (iii) one hundred seventy-one million dollars for the  period  January
   34  first,  two  thousand  seven through December thirty-first, two thousand
   35  seven, provided, however, that within amounts appropriated  in  the  two
   36  thousand  six through two thousand seven state fiscal year, a portion of
   37  such funds may be transferred  to  the  Roswell  Park  Cancer  Institute
   38  Corporation to fund capital costs;
   39    (iv) one hundred seventy-one million five hundred thousand dollars for
   40  the  period  January  first, two thousand eight through December thirty-
   41  first, two thousand eight;
   42    (v) one hundred twenty-eight  million  seven  hundred  fifty  thousand
   43  dollars for the period January first, two thousand nine through December
   44  thirty-first, two thousand nine;
   45    (vi)  one  hundred thirty-one million three hundred seventy-five thou-
   46  sand dollars for the period January  first,  two  thousand  ten  through
   47  December thirty-first, two thousand ten; [and]
   48    (vii)  thirty-four  million two hundred fifty thousand dollars for the
   49  period January first, two thousand eleven  through  March  thirty-first,
   50  two thousand eleven[.];
   51    (VIII) FOUR HUNDRED THIRTY-THREE MILLION THREE HUNDRED SIXTY-SIX THOU-
   52  SAND  DOLLARS  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH
   53  MARCH THIRTY-FIRST, TWO THOUSAND TWELVE;
   54    (IX) ONE HUNDRED FIFTY MILLION EIGHT HUNDRED SIX THOUSAND DOLLARS  FOR
   55  THE  PERIOD APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST,
   56  TWO THOUSAND THIRTEEN; AND
       S. 2809                            76                            A. 4009
    1    (X) SEVENTY-EIGHT MILLION SEVENTY-ONE THOUSAND DOLLARS FOR THE  PERIOD
    2  APRIL FIRST, TWO THOUSAND THIRTEEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
    3  SAND FOURTEEN.
    4    (aaa)  Funds  shall  be reserved and accumulated from year to year and
    5  shall be available, including income from invested funds,  for  services
    6  and  expenses related to school based health centers, in an amount up to
    7  three million five hundred thousand dollars for the period April  first,
    8  two  thousand  six through March thirty-first, two thousand seven, up to
    9  three million five hundred thousand dollars for the period April  first,
   10  two thousand seven through March thirty-first, two thousand eight, up to
   11  three  million five hundred thousand dollars for the period April first,
   12  two thousand eight through March thirty-first, two thousand nine, up  to
   13  three  million five hundred thousand dollars for the period April first,
   14  two thousand nine through March thirty-first, two thousand ten, [and] up
   15  to three million five hundred thousand  dollars  for  the  period  April
   16  first, two thousand ten through March thirty-first, two thousand eleven,
   17  AND  UP  TO TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
   18  YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIR-
   19  TY-FIRST, TWO THOUSAND FOURTEEN.   The total amount  of  funds  provided
   20  herein shall be distributed as grants based on the ratio of each provid-
   21  er's  total  enrollment  for  all  sites  to the total enrollment of all
   22  providers. This formula shall be applied to the  total  amount  provided
   23  herein.
   24    (bbb)  Funds  shall  be reserved and accumulated from year to year and
   25  shall be available, including income from invested funds,  for  purposes
   26  of  awarding  grants  to  operators  of  adult  homes,  enriched housing
   27  programs and residences through the enhancing abilities and life experi-
   28  ence (EnAbLe) program to provide for  the  installation,  operation  and
   29  maintenance  of air conditioning in resident rooms, consistent with this
   30  paragraph, in an amount up to two million dollars for the  period  April
   31  first,  two thousand six through March thirty-first, two thousand seven,
   32  up to three million eight hundred thousand dollars for the period  April
   33  first,  two  thousand  seven  through  March  thirty-first, two thousand
   34  eight, up to three million eight hundred thousand dollars for the period
   35  April first, two thousand eight through March thirty-first, two thousand
   36  nine, up to three million eight hundred thousand dollars for the  period
   37  April  first, two thousand nine through March thirty-first, two thousand
   38  ten, and up to three million eight  hundred  thousand  dollars  for  the
   39  period  April  first,  two  thousand ten through March thirty-first, two
   40  thousand eleven. Residents shall not be charged utility cost for the use
   41  of air conditioners supplied under the  EnAbLe  program.  All  such  air
   42  conditioners must be operated in occupied resident rooms consistent with
   43  requirements applicable to common areas.
   44    (ccc)  Funds  shall  be  deposited by the commissioner, within amounts
   45  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   46  directed  to  receive for the deposit to the credit of the state special
   47  revenue funds - other, HCRA transfer fund, medical  assistance  account,
   48  or  any  successor  fund  or  account, for purposes of funding the state
   49  share of increases in the rates for certified home health agencies, long
   50  term home  health  care  programs,  AIDS  home  care  programs,  hospice
   51  programs and managed long term care plans and approved managed long term
   52  care  operating  demonstrations as defined in section forty-four hundred
   53  three-f of this chapter for recruitment and  retention  of  health  care
   54  workers  pursuant  to  subdivisions  nine  and ten of section thirty-six
   55  hundred fourteen of this chapter from the tobacco control and  insurance
       S. 2809                            77                            A. 4009
    1  initiatives  pool established for the following periods in the following
    2  amounts:
    3    (i)  twenty-five  million dollars for the period June first, two thou-
    4  sand six through December thirty-first, two thousand six;
    5    (ii) fifty million dollars for the period January first, two  thousand
    6  seven through December thirty-first, two thousand seven;
    7    (iii) fifty million dollars for the period January first, two thousand
    8  eight through December thirty-first, two thousand eight;
    9    (iv)  fifty million dollars for the period January first, two thousand
   10  nine through December thirty-first, two thousand nine;
   11    (v) fifty million dollars for the period January first,  two  thousand
   12  ten through December thirty-first, two thousand ten; [and]
   13    (vi) twelve million five hundred thousand dollars for the period Janu-
   14  ary  first, two thousand eleven through March thirty-first, two thousand
   15  eleven[.]; AND
   16    (VII) FIFTY MILLION DOLLARS EACH STATE  FISCAL  YEAR  FOR  THE  PERIOD
   17  APRIL  FIRST,  TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
   18  SAND FOURTEEN.
   19    (ddd) Funds shall be deposited by  the  commissioner,  within  amounts
   20  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   21  directed to receive for the deposit to the credit of the  state  special
   22  revenue  funds  - other, HCRA transfer fund, medical assistance account,
   23  or any successor fund or account, for  purposes  of  funding  the  state
   24  share  of  increases  in  the medical assistance rates for providers for
   25  purposes of enhancing the provision, quality and/or efficiency  of  home
   26  care  services  pursuant  to  subdivision  eleven  of section thirty-six
   27  hundred fourteen of this chapter from the tobacco control and  insurance
   28  initiatives  pool  established for the following period in the amount of
   29  eight million dollars for the  period  April  first,  two  thousand  six
   30  through December thirty-first, two thousand six.
   31    (eee)  Funds  shall  be reserved and accumulated from year to year and
   32  shall be available, including income from invested funds, to the  Center
   33  for  Functional  Genomics at the State University of New York at Albany,
   34  for the purposes of the Adirondack  network  for  cancer  education  and
   35  research  in rural communities grant program to improve access to health
   36  care and shall be made available from the tobacco control and  insurance
   37  initiatives  pool  established for the following period in the amount of
   38  up to five million dollars for the period January  first,  two  thousand
   39  six through December thirty-first, two thousand six.
   40    (fff) Funds shall be made available to the empire state stem cell fund
   41  established  by  section ninety-nine-p of the state finance law from the
   42  public asset as defined in section four thousand three  hundred  one  of
   43  the  insurance  law  and  accumulated from the conversion of one or more
   44  article forty-three corporations and its or their not-for-profit subsid-
   45  iaries occurring on or after January first, two thousand  seven.    Such
   46  funds  shall  be  made available within amounts appropriated up to fifty
   47  million dollars annually and  shall  not  exceed  five  hundred  million
   48  dollars in total.
   49    (ggg)  Funds  shall  be  deposited by the commissioner, within amounts
   50  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   51  directed  to  receive  for  deposit  to  the credit of the state special
   52  revenue fund - other, HCRA transfer fund, medical assistance account, or
   53  any successor fund or account, for the purpose of supporting  the  state
   54  share  of  Medicaid  expenditures  for  hospital translation services as
   55  authorized pursuant to paragraph (k) of subdivision one of section twen-
   56  ty-eight hundred seven-c of this article from the  tobacco  control  and
       S. 2809                            78                            A. 4009
    1  initiatives  pool established for the following periods in the following
    2  amounts:
    3    (i)  sixteen  million  dollars for the period July first, two thousand
    4  eight through December thirty-first, two thousand eight; and
    5    (ii) fourteen million seven hundred thousand dollars  for  the  period
    6  January  first,  two thousand nine through November thirtieth, two thou-
    7  sand nine.
    8    (hhh) Funds shall be deposited by  the  commissioner,  within  amounts
    9  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
   10  directed to receive for deposit to  the  credit  of  the  state  special
   11  revenue fund - other, HCRA transfer fund, medical assistance account, or
   12  any  successor  fund or account, for the purpose of supporting the state
   13  share of Medicaid expenditures for adjustments  to  inpatient  rates  of
   14  payment  for  general  hospitals  located  in the counties of Nassau and
   15  Suffolk as authorized pursuant to paragraph (l) of  subdivision  one  of
   16  section  twenty-eight  hundred  seven-c of this article from the tobacco
   17  control and initiatives pool established for the  following  periods  in
   18  the following amounts:
   19    (i)  two  million  five  hundred thousand dollars for the period April
   20  first, two thousand eight through December  thirty-first,  two  thousand
   21  eight; and
   22    (ii) two million two hundred ninety-two thousand dollars for the peri-
   23  od  January  first,  two  thousand  nine through November thirtieth, two
   24  thousand nine.
   25    S 9. Subdivision 3 of section 1680-j of the public authorities law, as
   26  amended by section 34 of part C of chapter 58 of the laws  of  2009,  is
   27  amended to read as follows:
   28    3.  Notwithstanding  any  law  to the contrary, and in accordance with
   29  section four of the state finance law, the comptroller is hereby author-
   30  ized and directed to transfer from the health  care  reform  act  (HCRA)
   31  resources fund (061) to the general fund, upon the request of the direc-
   32  tor of the budget, up to $6,500,000 on or before March 31, 2006, and the
   33  comptroller  is  further hereby authorized and directed to transfer from
   34  the healthcare reform act (HCRA); Resources fund (061)  to  the  Capital
   35  Projects  Fund,  upon  the  request  of  the  director  of budget, up to
   36  $139,000,000 for the period April 1, 2006 through March 31, 2007, up  to
   37  $171,100,000  for the period April 1, 2007 through March 31, 2008, up to
   38  $208,100,000 for the period April 1, 2008 through March 31, 2009, up  to
   39  $151,600,000  for the period April 1, 2009 through March 31, 2010, [and]
   40  up to [$238,000,000] $215,743,000 for the period April 1,  2010  through
   41  March  31, 2011, UP TO $433,366,000 FOR THE PERIOD APRIL 1, 2011 THROUGH
   42  MARCH 31, 2012, UP TO $150,806,000 FOR THE PERIOD APRIL 1, 2012  THROUGH
   43  MARCH  31,  2013, UP TO $78,071,000 FOR THE PERIOD APRIL 1, 2013 THROUGH
   44  MARCH 31, 2014, AND UP TO $86,005,000  FOR  THE  PERIOD  APRIL  1,  2014
   45  THROUGH MARCH 31, 2015.
   46    S  10.  Paragraph (a) of subdivision 12 of section 367-b of the social
   47  services law, as amended by section 8 of part B of  chapter  58  of  the
   48  laws of 2008, is amended to read as follows:
   49    (a) For the purpose of regulating cash flow for general hospitals, the
   50  department  shall develop and implement a payment methodology to provide
   51  for timely payments for inpatient hospital services  eligible  for  case
   52  based  payments per discharge based on diagnosis-related groups provided
   53  during the period January first, nineteen hundred  eighty-eight  through
   54  March  thirty-first  two  thousand  [eleven] FOURTEEN, by such hospitals
   55  which elect to participate in the system.
       S. 2809                            79                            A. 4009
    1    S 11. Section 2 of chapter 600 of  the  laws  of  1986,  amending  the
    2  public  health  law  relating  to the development of pilot reimbursement
    3  programs for ambulatory care services, as amended by section 9 of part B
    4  of chapter 58 of the laws of 2008, is amended to read as follows:
    5    S  2.  This  act  shall  take effect immediately, except that this act
    6  shall expire and be of no further force and effect on and after April 1,
    7  [2011] 2014; provided, however, that the commissioner  of  health  shall
    8  submit a report to the governor and the legislature detailing the objec-
    9  tive,  impact, design and computation of any pilot reimbursement program
   10  established pursuant to this act, on or before March 31, 1994 and  annu-
   11  ally  thereafter.  Such report shall include an assessment of the finan-
   12  cial impact of such payment system on providers, as well as  the  impact
   13  of such system on access to care.
   14    S  12. Paragraph (i) of subdivision (b) of section 1 of chapter 520 of
   15  the laws of 1978, relating to providing for a  comprehensive  survey  of
   16  health  care  financing,  education  and illness prevention and creating
   17  councils for the conduct thereof, as amended by section 11 of part B  of
   18  chapter 58 of the laws of 2008, is amended to read as follows:
   19    (i)  oversight  and  evaluation  of  the inpatient financing system in
   20  place for 1988 through March 31, [2011] 2014,  and  the  appropriateness
   21  and effectiveness of the bad debt and charity care financing provisions;
   22    S  13. The opening paragraph of section 2952 of the public health law,
   23  as amended by section 21 of part B of chapter 58 of the laws of 2008, is
   24  amended to read as follows:
   25    To the extent of funds available therefor, the sum  of  seven  million
   26  dollars  shall annually be available for periods prior to January first,
   27  two thousand three, and up to six million five hundred  thirty  thousand
   28  dollars  annually  for  the  period  January  first,  two thousand three
   29  through December thirty-first, two thousand four, up  to  seven  million
   30  sixty-two  thousand  dollars  for the period January first, two thousand
   31  five through December thirty-first, two thousand  six  annually,  up  to
   32  seven million sixty-two thousand dollars annually for the period January
   33  first,  two  thousand  seven through December thirty-first, two thousand
   34  ten, [and] up to one million seven hundred  sixty-six  thousand  dollars
   35  for  the period January first, two thousand eleven through March thirty-
   36  first, two thousand eleven, AND WITHIN  AMOUNTS  APPROPRIATED  FOR  EACH
   37  STATE  FISCAL  YEAR ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN, shall
   38  be available to the commissioner from funds made available  pursuant  to
   39  section twenty-eight hundred seven-l of this chapter for grants pursuant
   40  to this section.
   41    S  14.  Subdivision  1  of  section  2958 of the public health law, as
   42  amended by section 22 of part B of chapter 58 of the laws  of  2008,  is
   43  amended to read as follows:
   44    1.  To  the extent of funds available therefor, the sum of ten million
   45  dollars shall annually be made available for periods  prior  to  January
   46  first,  two  thousand three, and up to nine million three hundred twenty
   47  thousand dollars for  the  period  January  first,  two  thousand  three
   48  through  December  thirty-first,  two thousand three, up to nine million
   49  three hundred twenty thousand dollars for the period January first,  two
   50  thousand  four  through  December thirty-first, two thousand four, up to
   51  twelve million eighty-eight thousand  dollars  for  the  period  January
   52  first,  two  thousand  five  through December thirty-first, two thousand
   53  five, up to twelve million eighty-eight thousand dollars for the  period
   54  January first, two thousand six through December thirty-first, two thou-
   55  sand  six,  up  to eleven million eighty-eight thousand dollars annually
   56  for the period January first, two thousand seven through December  thir-
       S. 2809                            80                            A. 4009
    1  ty-first, two thousand ten, [and] up to two million seven hundred seven-
    2  ty-two thousand dollars for the period January first, two thousand elev-
    3  en  through  March thirty-first, two thousand eleven, AND WITHIN AMOUNTS
    4  APPROPRIATED  FOR  EACH  STATE FISCAL YEAR ON AND AFTER APRIL FIRST, TWO
    5  THOUSAND ELEVEN, shall be  available  to  the  commissioner  from  funds
    6  pursuant  to  section  twenty-eight  hundred  seven-l of this chapter to
    7  provide assistance to general hospitals classified as a  rural  hospital
    8  for  purposes  of determining payment for inpatient services provided to
    9  beneficiaries of title XVIII of the federal social security  act  (Medi-
   10  care)  or  under  state  regulations, in recognition of the unique costs
   11  incurred by these facilities to provide hospital services in  remote  or
   12  sparsely populated areas pursuant to subdivision two of this section.
   13    S  15.  Paragraph (a) of subdivision 1 of section 18 of chapter 266 of
   14  the laws of 1986, amending the civil practice law and  rules  and  other
   15  laws  relating  to  malpractice  and  professional  medical  conduct, as
   16  amended by section 23 of part B of chapter 58 of the laws  of  2008,  is
   17  amended to read as follows:
   18    (a)  The superintendent of insurance and the commissioner of health or
   19  their designee shall,  from  funds  available  in  the  hospital  excess
   20  liability  pool created pursuant to subdivision [(5)] 5 of this section,
   21  purchase a policy or policies for excess insurance coverage, as  author-
   22  ized  by  paragraph  [(1)]  1  of  subsection (e) of section 5502 of the
   23  insurance law; or from an insurer, other than an  insurer  described  in
   24  section  5502 of the insurance law, duly authorized to write such cover-
   25  age and actually writing medical malpractice insurance in this state; or
   26  shall purchase equivalent excess coverage in a form previously  approved
   27  by  the superintendent of insurance for purposes of providing equivalent
   28  excess coverage in accordance with section 19 of chapter 294 of the laws
   29  of 1985, for medical or dental malpractice occurrences between  July  1,
   30  1986  and June 30, 1987, between July 1, 1987 and June 30, 1988, between
   31  July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30,  1990,
   32  between  July  1,  1990 and June 30, 1991, between July 1, 1991 and June
   33  30, 1992, between July 1, 1992 and June 30, 1993, between July  1,  1993
   34  and  June 30, 1994, between July 1, 1994 and June 30, 1995, between July
   35  1, 1995 and June 30, 1996, between July  1,  1996  and  June  30,  1997,
   36  between  July  1,  1997 and June 30, 1998, between July 1, 1998 and June
   37  30, 1999, between July 1, 1999 and June 30, 2000, between July  1,  2000
   38  and  June 30, 2001, between July 1, 2001 and June 30, 2002, between July
   39  1, 2002 and June 30, 2003, between July  1,  2003  and  June  30,  2004,
   40  between  July  1,  2004 and June 30, 2005, between July 1, 2005 and June
   41  30, 2006, between July 1, 2006 and June 30, 2007, between July  1,  2007
   42  and  June 30, 2008, between July 1, 2008 and June 30, 2009, between July
   43  1, 2009 and June 30, 2010, [and] between July 1, 2010 and June 30, 2011,
   44  BETWEEN JULY 1, 2011 AND JUNE 30, 2012, BETWEEN JULY 1,  2012  AND  JUNE
   45  30,  2013  AND  BETWEEN  JULY 1, 2013 AND JUNE 30, 2014 or reimburse the
   46  hospital where the hospital  purchases  equivalent  excess  coverage  as
   47  defined  in subparagraph (i) of paragraph (a) of subdivision [(1-a)] 1-A
   48  of this section for medical or dental  malpractice  occurrences  between
   49  July  1, 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989,
   50  between July 1, 1989 and June 30, 1990, between July 1,  1990  and  June
   51  30,  1991,  between July 1, 1991 and June 30, 1992, between July 1, 1992
   52  and June 30, 1993, between July 1, 1993 and June 30, 1994, between  July
   53  1,  1994  and  June  30,  1995,  between July 1, 1995 and June 30, 1996,
   54  between July 1, 1996 and June 30, 1997, between July 1,  1997  and  June
   55  30,  1998,  between July 1, 1998 and June 30, 1999, between July 1, 1999
   56  and June 30, 2000, between July 1, 2000 and June 30, 2001, between  July
       S. 2809                            81                            A. 4009
    1  1,  2001  and  June  30,  2002,  between July 1, 2002 and June 30, 2003,
    2  between July 1, 2003 and June 30, 2004, between July 1,  2004  and  June
    3  30,  2005,  between July 1, 2005 and June 30, 2006, between July 1, 2006
    4  and  June 30, 2007, between July 1, 2007 and June 30, 2008, between July
    5  1, 2008 and June 30, 2009, between July 1, 2009 and June 30, 2010, [and]
    6  between July 1, 2010 and June 30, 2011, BETWEEN JULY 1,  2011  AND  JUNE
    7  30,  2012,  BETWEEN  JULY  1, 2012 AND JUNE 30, 2013 AND BETWEEN JULY 1,
    8  2013 AND JUNE 30, 2014 for physicians or dentists certified as  eligible
    9  for  each such period or periods pursuant to subdivision [(2)] 2 of this
   10  section by a general hospital licensed pursuant to  article  28  of  the
   11  public health law; provided that no single insurer shall write more than
   12  fifty  percent  of the total excess premium for a given policy year; and
   13  provided, however, that such eligible physicians or dentists  must  have
   14  in force an individual policy, from an insurer licensed in this state of
   15  primary  malpractice  insurance  coverage in amounts of no less than one
   16  million three hundred thousand  dollars  for  each  claimant  and  three
   17  million nine hundred thousand dollars for all claimants under that poli-
   18  cy  during the period of such excess coverage for such occurrences or be
   19  endorsed as additional insureds under a hospital professional  liability
   20  policy  which is offered through a voluntary attending physician ("chan-
   21  neling") program previously permitted by the superintendent of insurance
   22  during the period of such excess coverage for such  occurrences.  During
   23  such  period,  such policy for excess coverage or such equivalent excess
   24  coverage shall, when combined with the physician's or dentist's  primary
   25  malpractice  insurance coverage or coverage provided through a voluntary
   26  attending physician ("channeling") program, total an aggregate level  of
   27  two  million  three  hundred  thousand dollars for each claimant and six
   28  million nine hundred thousand dollars for all claimants  from  all  such
   29  policies  with  respect  to  occurrences in each of such years provided,
   30  however, if the cost of primary malpractice insurance coverage in excess
   31  of one million dollars, but below the excess medical malpractice  insur-
   32  ance  coverage  provided  pursuant to this act, exceeds the rate of nine
   33  percent per annum, then the required level of primary malpractice insur-
   34  ance coverage in excess of one million dollars for each  claimant  shall
   35  be  in  an  amount  of  not less than the dollar amount of such coverage
   36  available at nine percent per annum; the required level of such coverage
   37  for all claimants under that policy shall be in an amount not less  than
   38  three  times the dollar amount of coverage for each claimant; and excess
   39  coverage, when combined with such primary malpractice  insurance  cover-
   40  age, shall increase the aggregate level for each claimant by one million
   41  dollars  and  three  million  dollars  for  all  claimants; and provided
   42  further, that, with respect to policies of primary  medical  malpractice
   43  coverage  that  include  occurrences  between April 1, 2002 and June 30,
   44  2002, such requirement that coverage be in  amounts  no  less  than  one
   45  million  three  hundred  thousand  dollars  for  each claimant and three
   46  million nine hundred thousand dollars for all claimants for such  occur-
   47  rences shall be effective April 1, 2002.
   48    S  16. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
   49  amending the civil practice law and rules and  other  laws  relating  to
   50  malpractice  and  professional medical conduct, as amended by section 24
   51  of part B of chapter 58 of the laws of  2008,  is  amended  to  read  as
   52  follows:
   53    (3)(a)  The superintendent of insurance shall determine and certify to
   54  each general hospital and to the commissioner  of  health  the  cost  of
   55  excess  malpractice  insurance  for medical or dental malpractice occur-
   56  rences between July 1, 1986 and June 30, 1987, between July 1, 1988  and
       S. 2809                            82                            A. 4009
    1  June  30,  1989, between July 1, 1989 and June 30, 1990, between July 1,
    2  1990 and June 30, 1991, between July 1, 1991 and June 30, 1992,  between
    3  July  1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994,
    4  between  July  1,  1994 and June 30, 1995, between July 1, 1995 and June
    5  30, 1996, between July 1, 1996 and June 30, 1997, between July  1,  1997
    6  and  June 30, 1998, between July 1, 1998 and June 30, 1999, between July
    7  1, 1999 and June 30, 2000, between July  1,  2000  and  June  30,  2001,
    8  between  July  1,  2001 and June 30, 2002, between July 1, 2002 and June
    9  30, 2003, between July 1, 2003 and June 30, 2004, between July  1,  2004
   10  and  June 30, 2005, between July 1, 2005 and June 30, 2006, between July
   11  1, 2006 and June 30, 2007, between July  1,  2007  and  June  30,  2008,
   12  between  July  1,  2008 and June 30, 2009, between July 1, 2009 and June
   13  30, 2010, [and] between July 1, 2010 and June 30, 2011, BETWEEN JULY  1,
   14  2011  AND  JUNE  30,  2012,  BETWEEN JULY 1, 2012 AND JUNE 30, 2013, AND
   15  BETWEEN JULY 1, 2013 AND JUNE 30, 2014 allocable to each general  hospi-
   16  tal  for  physicians or dentists certified as eligible for purchase of a
   17  policy for excess insurance coverage by such general hospital in accord-
   18  ance with subdivision [(2)] 2 of this section, and may amend such deter-
   19  mination and certification as necessary.
   20    (b) The superintendent of insurance shall  determine  and  certify  to
   21  each  general  hospital  and  to  the commissioner of health the cost of
   22  excess malpractice insurance or equivalent excess coverage  for  medical
   23  or  dental  malpractice  occurrences  between  July 1, 1987 and June 30,
   24  1988, between July 1, 1988 and June 30, 1989, between July 1,  1989  and
   25  June  30,  1990, between July 1, 1990 and June 30, 1991, between July 1,
   26  1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,  between
   27  July  1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995,
   28  between July 1, 1995 and June 30, 1996, between July 1,  1996  and  June
   29  30,  1997,  between July 1, 1997 and June 30, 1998, between July 1, 1998
   30  and June 30, 1999, between July 1, 1999 and June 30, 2000, between  July
   31  1,  2000  and  June  30,  2001,  between July 1, 2001 and June 30, 2002,
   32  between July 1, 2002 and June 30, 2003, between July 1,  2003  and  June
   33  30,  2004,  between July 1, 2004 and June 30, 2005, between July 1, 2005
   34  and June 30, 2006, between July 1, 2006 and June 30, 2007, between  July
   35  1,  2007  and  June  30,  2008,  between July 1, 2008 and June 30, 2009,
   36  between July 1, 2009 and June 30, 2010, [and] between July 1,  2010  and
   37  June  30,  2011, BETWEEN JULY 1, 2011 AND JUNE 30, 2012, BETWEEN JULY 1,
   38  2012 AND JUNE 30, 2013, AND BETWEEN JULY 1, 2013 AND JUNE 30, 2014 allo-
   39  cable to each general hospital for physicians or dentists  certified  as
   40  eligible  for  purchase  of  a  policy  for excess insurance coverage or
   41  equivalent excess coverage by such general hospital in  accordance  with
   42  subdivision  [(2)]  2  of this section, and may amend such determination
   43  and certification as necessary. The superintendent  of  insurance  shall
   44  determine  and  certify to each general hospital and to the commissioner
   45  of health the ratable share of such cost allocable to the period July 1,
   46  1987 to December 31, 1987, to the period January 1,  1988  to  June  30,
   47  1988,  to  the  period  July 1, 1988 to December 31, 1988, to the period
   48  January 1, 1989 to June 30, 1989, to the period July 1, 1989 to December
   49  31, 1989, to the period January 1, 1990 to June 30, 1990, to the  period
   50  July 1, 1990 to December 31, 1990, to the period January 1, 1991 to June
   51  30, 1991, to the period July 1, 1991 to December 31, 1991, to the period
   52  January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
   53  31,  1992, to the period January 1, 1993 to June 30, 1993, to the period
   54  July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
   55  30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
   56  January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
       S. 2809                            83                            A. 4009
    1  31, 1995, to the period January 1, 1996 to June 30, 1996, to the  period
    2  July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
    3  30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
    4  January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
    5  31,  1998, to the period January 1, 1999 to June 30, 1999, to the period
    6  July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
    7  30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
    8  January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
    9  2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
   10  2003 to June 30, 2004, to the period July 1, 2004 to June 30,  2005,  to
   11  the  period  July  1, 2005 and June 30, 2006, to the period July 1, 2006
   12  and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to  the
   13  period  July  1,  2008 and June 30, 2009, to the period July 1, 2009 and
   14  June 30, 2010, [and] to the period July 1, 2010 and June  30,  2011,  TO
   15  THE  PERIOD  JULY  1, 2011 AND JUNE 30, 2012, TO THE PERIOD JULY 1, 2012
   16  AND JUNE 30, 2013, AND TO THE PERIOD JULY 1, 2013 AND JUNE 30, 2014.
   17    S 17. Paragraphs (a), (b), (c),  (d)  and  (e)  of  subdivision  8  of
   18  section  18 of chapter 266 of the laws of 1986, amending the civil prac-
   19  tice law and rules and other laws relating to  malpractice  and  profes-
   20  sional medical conduct, as amended by section 25 of part B of chapter 58
   21  of the laws of 2008, are amended to read as follows:
   22    (a)  To  the  extent  funds available to the hospital excess liability
   23  pool pursuant to subdivision [(5)] 5 of this  section  as  amended,  and
   24  pursuant  to  section  6 of part J of chapter 63 of the laws of 2001, as
   25  may from time to time be amended, which amended  this  subdivision,  are
   26  insufficient  to  meet  the costs of excess insurance coverage or equiv-
   27  alent excess coverage for coverage periods during  the  period  July  1,
   28  1992  to June 30, 1993, during the period July 1, 1993 to June 30, 1994,
   29  during the period July 1, 1994 to June 30, 1995, during the period  July
   30  1,  1995  to  June  30, 1996, during the period July 1, 1996 to June 30,
   31  1997, during the period July 1, 1997 to June 30, 1998, during the period
   32  July 1, 1998 to June 30, 1999, during the period July 1,  1999  to  June
   33  30,  2000,  during  the period July 1, 2000 to June 30, 2001, during the
   34  period July 1, 2001 to October 29, 2001, during the period April 1, 2002
   35  to June 30, 2002, during the period July  1,  2002  to  June  30,  2003,
   36  during  the period July 1, 2003 to June 30, 2004, during the period July
   37  1, 2004 to June 30, 2005, during the period July 1,  2005  to  June  30,
   38  2006, during the period July 1, 2006 to June 30, 2007, during the period
   39  July  1,  2007  to June 30, 2008, during the period July 1, 2008 to June
   40  30, 2009, during the period July 1, 2009 to June 30, 2010 [and],  during
   41  the period July 1, 2010 to June 30, 2011, DURING THE PERIOD JULY 1, 2011
   42  TO  JUNE  30, 2012, DURING THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, AND
   43  DURING THE PERIOD JULY 1, 2013 TO JUNE 30, 2014 allocated or reallocated
   44  in accordance with paragraph (a) of  subdivision  [(4-a)]  4-A  of  this
   45  section  to  rates of payment applicable to state governmental agencies,
   46  each physician or dentist for whom a policy for excess insurance  cover-
   47  age  or equivalent excess coverage is purchased for such period shall be
   48  responsible for payment to the provider of excess insurance coverage  or
   49  equivalent  excess coverage of an allocable share of such insufficiency,
   50  based on the ratio of the total cost of such coverage for such physician
   51  to the sum of the total cost of such coverage for all physicians applied
   52  to such insufficiency.
   53    (b) Each provider of excess insurance coverage  or  equivalent  excess
   54  coverage  covering the period July 1, 1992 to June 30, 1993, or covering
   55  the period July 1, 1993 to June 30, 1994, or covering the period July 1,
   56  1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
       S. 2809                            84                            A. 4009
    1  1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
    2  the period July 1, 1997 to June 30, 1998, or covering the period July 1,
    3  1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
    4  2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
    5  the period July 1, 2001 to October 29,  2001,  or  covering  the  period
    6  April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
    7  June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
    8  covering the period July 1, 2004 to June 30, 2005, or covering the peri-
    9  od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
   10  June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
   11  covering the period July 1, 2008 to June 30, 2009, or covering the peri-
   12  od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
   13  June 30, 2011, OR COVERING THE PERIOD JULY 1, 2011 TO JUNE 30, 2012,  OR
   14  COVERING THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, OR COVERING THE PERI-
   15  OD  JULY  1,  2013  TO JUNE 30, 2014 shall notify a covered physician or
   16  dentist by mail, mailed to the address shown on the last application for
   17  excess insurance coverage or equivalent excess coverage, of  the  amount
   18  due  to  such  provider from such physician or dentist for such coverage
   19  period determined in accordance with paragraph (a) of this  subdivision.
   20  Such amount shall be due from such physician or dentist to such provider
   21  of excess insurance coverage or equivalent excess coverage in a time and
   22  manner determined by the superintendent of insurance.
   23    (c)  If  a physician or dentist liable for payment of a portion of the
   24  costs of excess insurance coverage or equivalent excess coverage  cover-
   25  ing  the  period  July  1, 1992 to June 30, 1993, or covering the period
   26  July 1, 1993 to June 30, 1994, or covering the period July  1,  1994  to
   27  June  30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
   28  covering the period July 1, 1996 to June 30, 1997, or covering the peri-
   29  od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
   30  June 30, 1999, or covering the period July 1, 1999 to June 30, 2000,  or
   31  covering the period July 1, 2000 to June 30, 2001, or covering the peri-
   32  od  July  1,  2001  to October 29, 2001, or covering the period April 1,
   33  2002 to June 30, 2002, or covering the period July 1, 2002 to  June  30,
   34  2003,  or covering the period July 1, 2003 to June 30, 2004, or covering
   35  the period July 1, 2004 to June 30, 2005, or covering the period July 1,
   36  2005 to June 30, 2006, or covering the period July 1, 2006 to  June  30,
   37  2007,  or covering the period July 1, 2007 to June 30, 2008, or covering
   38  the period July 1, 2008 to June 30, 2009, or covering the period July 1,
   39  2009 to June 30, 2010, or covering the period July 1, 2010 to  June  30,
   40  2011,  OR COVERING THE PERIOD JULY 1, 2011 TO JUNE 30, 2012, OR COVERING
   41  THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, OR COVERING THE PERIOD JULY 1,
   42  2013 TO JUNE 30, 2014 determined in accordance  with  paragraph  (a)  of
   43  this  subdivision  fails,  refuses  or  neglects  to make payment to the
   44  provider of excess insurance coverage or equivalent excess  coverage  in
   45  such  time  and  manner as determined by the superintendent of insurance
   46  pursuant to paragraph (b) of this subdivision, excess insurance coverage
   47  or equivalent excess coverage purchased for such physician or dentist in
   48  accordance with this section for such coverage period shall be cancelled
   49  and shall be null and void as of the first day on or after the commence-
   50  ment of a policy period where the liability for payment pursuant to this
   51  subdivision has not been met.
   52    (d) Each provider of excess insurance coverage  or  equivalent  excess
   53  coverage  shall  notify  the superintendent of insurance and the commis-
   54  sioner of health or their designee of each physician and dentist  eligi-
   55  ble for purchase of a policy for excess insurance coverage or equivalent
   56  excess  coverage  covering  the period July 1, 1992 to June 30, 1993, or
       S. 2809                            85                            A. 4009
    1  covering the period July 1, 1993 to June 30, 1994, or covering the peri-
    2  od July 1, 1994 to June 30, 1995, or covering the period July 1, 1995 to
    3  June 30, 1996, or covering the period July 1, 1996 to June 30, 1997,  or
    4  covering the period July 1, 1997 to June 30, 1998, or covering the peri-
    5  od July 1, 1998 to June 30, 1999, or covering the period July 1, 1999 to
    6  June  30, 2000, or covering the period July 1, 2000 to June 30, 2001, or
    7  covering the period July 1, 2001 to October 29, 2001,  or  covering  the
    8  period  April  1,  2002 to June 30, 2002, or covering the period July 1,
    9  2002 to June 30, 2003, or covering the period July 1, 2003 to  June  30,
   10  2004,  or covering the period July 1, 2004 to June 30, 2005, or covering
   11  the period July 1, 2005 to June 30, 2006, or covering the period July 1,
   12  2006 to June 30, 2007, or covering the period July 1, 2007 to  June  30,
   13  2008,  or covering the period July 1, 2008 to June 30, 2009, or covering
   14  the period July 1, 2009 to June 30, 2010, or covering the period July 1,
   15  2010 to June 30, 2011, OR COVERING THE PERIOD JULY 1, 2011 TO  JUNE  30,
   16  2012,  OR COVERING THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, OR COVERING
   17  THE PERIOD JULY 1, 2013 TO JUNE 30, 2014 that has made payment  to  such
   18  provider  of  excess insurance coverage or equivalent excess coverage in
   19  accordance with paragraph (b) of this subdivision and of each  physician
   20  and dentist who has failed, refused or neglected to make such payment.
   21    (e)  A  provider  of  excess  insurance  coverage or equivalent excess
   22  coverage shall refund to the hospital excess liability pool  any  amount
   23  allocable to the period July 1, 1992 to June 30, 1993, and to the period
   24  July  1,  1993  to June 30, 1994, and to the period July 1, 1994 to June
   25  30, 1995, and to the period July 1, 1995 to June 30, 1996,  and  to  the
   26  period  July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
   27  June 30, 1998, and to the period July 1, 1998 to June 30, 1999,  and  to
   28  the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
   29  to  June  30,  2001, and to the period July 1, 2001 to October 29, 2001,
   30  and to the period April 1, 2002 to June 30, 2002, and to the period July
   31  1, 2002 to June 30, 2003, and to the period July 1,  2003  to  June  30,
   32  2004, and to the period July 1, 2004 to June 30, 2005, and to the period
   33  July  1,  2005  to June 30, 2006, and to the period July 1, 2006 to June
   34  30, 2007, and to the period July 1, 2007 to June 30, 2008,  and  to  the
   35  period  July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
   36  June 30, 2010, and to the period July 1, 2010 to June 30, 2011,  AND  TO
   37  THE PERIOD JULY 1, 2011 TO JUNE 30, 2012, AND TO THE PERIOD JULY 1, 2012
   38  TO  JUNE  30,  2013,  AND  TO  THE  PERIOD JULY 1, 2013 TO JUNE 30, 2014
   39  received from the hospital excess liability pool for purchase of  excess
   40  insurance  coverage  or  equivalent  excess coverage covering the period
   41  July 1, 1992 to June 30, 1993, and covering the period July 1,  1993  to
   42  June  30,  1994,  and covering the period July 1, 1994 to June 30, 1995,
   43  and covering the period July 1, 1995 to June 30, 1996, and covering  the
   44  period  July  1,  1996 to June 30, 1997, and covering the period July 1,
   45  1997 to June 30, 1998, and covering the period July 1, 1998 to June  30,
   46  1999,  and covering the period July 1, 1999 to June 30, 2000, and cover-
   47  ing the period July 1, 2000 to June 30, 2001, and  covering  the  period
   48  July  1, 2001 to October 29, 2001, and covering the period April 1, 2002
   49  to June 30, 2002, and covering the period July 1, 2002 to June 30, 2003,
   50  and covering the period July 1, 2003 to June 30, 2004, and covering  the
   51  period  July  1,  2004 to June 30, 2005, and covering the period July 1,
   52  2005 to June 30, 2006, and covering the period July 1, 2006 to June  30,
   53  2007,  and covering the period July 1, 2007 to June 30, 2008, and cover-
   54  ing the period July 1, 2008 to June 30, 2009, and  covering  the  period
   55  July  1,  2009 to June 30, 2010, and covering the period July 1, 2010 to
   56  June 30, 2011, AND COVERING THE PERIOD JULY 1, 2011 TO  JUNE  30,  2012,
       S. 2809                            86                            A. 4009
    1  AND  COVERING THE PERIOD JULY 1, 2012 TO JUNE 30, 2013, AND COVERING THE
    2  PERIOD JULY 1, 2013 TO JUNE 30, 2014 for a physician  or  dentist  where
    3  such   excess  insurance  coverage  or  equivalent  excess  coverage  is
    4  cancelled in accordance with paragraph (c) of this subdivision.
    5    S  18.  Section  40  of  chapter 266 of the laws of 1986, amending the
    6  civil practice law and rules and other laws relating to malpractice  and
    7  professional  medical  conduct, as amended by chapter 216 of the laws of
    8  2009, is amended to read as follows:
    9    S 40. The superintendent of insurance shall establish rates for  poli-
   10  cies  providing coverage for physicians and surgeons medical malpractice
   11  for the periods commencing July 1, 1985 and ending June 30, [2011] 2014;
   12  provided, however, that notwithstanding any other provision of law,  the
   13  superintendent  shall not establish or approve any increase in rates for
   14  the period commencing July 1, 2009 and ending June 30, 2010. The  super-
   15  intendent  shall  direct  insurers  to establish segregated accounts for
   16  premiums, payments, reserves and investment income attributable to  such
   17  premium  periods  and  shall  require  periodic  reports by the insurers
   18  regarding claims and expenses attributable to such  periods  to  monitor
   19  whether  such  accounts  will  be sufficient to meet incurred claims and
   20  expenses. On or after July 1, 1989, the superintendent  shall  impose  a
   21  surcharge  on premiums to satisfy a projected deficiency that is attrib-
   22  utable to the premium levels established pursuant to  this  section  for
   23  such  periods;  provided,  however, that such annual surcharge shall not
   24  exceed eight percent of the established rate until July 1, [2011]  2014,
   25  at which time and thereafter such surcharge shall not exceed twenty-five
   26  percent  of  the approved adequate rate, and that such annual surcharges
   27  shall continue for such period of time as shall be sufficient to satisfy
   28  such deficiency. The superintendent  shall  not  impose  such  surcharge
   29  during  the period commencing July 1, 2009 and ending June 30, 2010.  On
   30  and after July 1, 1989, the surcharge prescribed by this  section  shall
   31  be  retained  by insurers to the extent that they insured physicians and
   32  surgeons during the July 1, 1985 through June  30,  [2011]  2014  policy
   33  periods;  in  the  event  and to the extent physicians and surgeons were
   34  insured by another insurer during such periods, all or a pro rata  share
   35  of  the  surcharge,  as the case may be, shall be remitted to such other
   36  insurer in accordance with rules and regulations to  be  promulgated  by
   37  the  superintendent.   Surcharges collected from physicians and surgeons
   38  who were not insured during such policy  periods  shall  be  apportioned
   39  among  all insurers in proportion to the premium written by each insurer
   40  during such policy periods; if a physician or surgeon was insured by  an
   41  insurer  subject  to rates established by the superintendent during such
   42  policy periods, and at any time thereafter a  hospital,  health  mainte-
   43  nance  organization, employer or institution is responsible for respond-
   44  ing in  damages  for  liability  arising  out  of  such  physician's  or
   45  surgeon's practice of medicine, such responsible entity shall also remit
   46  to such prior insurer the equivalent amount that would then be collected
   47  as  a  surcharge  if  the  physician  or surgeon had continued to remain
   48  insured by such prior insurer. In the event any  insurer  that  provided
   49  coverage   during   such   policy   periods   is   in  liquidation,  the
   50  property/casualty insurance security fund shall receive the  portion  of
   51  surcharges to which the insurer in liquidation would have been entitled.
   52  The surcharges authorized herein shall be deemed to be income earned for
   53  the  purposes of section 2303 of the insurance law.  The superintendent,
   54  in establishing adequate rates and in determining  any  projected  defi-
   55  ciency  pursuant  to  the requirements of this section and the insurance
   56  law, shall give substantial weight, determined  in  his  discretion  and
       S. 2809                            87                            A. 4009
    1  judgment,  to  the  prospective  anticipated  effect  of any regulations
    2  promulgated and laws enacted and the public benefit  of    stabilizing
    3  malpractice rates and minimizing rate level fluctuation during the peri-
    4  od  of  time  necessary for the development of more reliable statistical
    5  experience as to the efficacy of such  laws  and  regulations  affecting
    6  medical, dental or podiatric malpractice enacted or promulgated in 1985,
    7  1986,  by this act and at any other time.  Notwithstanding any provision
    8  of the insurance law, rates already established and to be established by
    9  the superintendent pursuant to this section are deemed adequate if  such
   10  rates  would be adequate when taken together with the maximum authorized
   11  annual surcharges to be imposed for a reasonable period of time  whether
   12  or  not  any  such  annual surcharge has been actually imposed as of the
   13  establishment of such rates.
   14    S 19. Subsection (c) of section 2343 of the insurance law, as  amended
   15  by section 27 of part B of chapter 58 of the laws of 2008, is amended to
   16  read as follows:
   17    (c)  Notwithstanding  any other provision of this chapter, no applica-
   18  tion for an order of rehabilitation or liquidation of a domestic insurer
   19  whose primary liability arises from the business of medical  malpractice
   20  insurance,  as  that  term  is defined in subsection (b) of section five
   21  thousand five hundred one of this chapter, shall be made on the  grounds
   22  specified  in  subsection  (a)  or  (c)  of  section seven thousand four
   23  hundred two of this chapter at any time prior  to  June  thirtieth,  two
   24  thousand [eleven] FOURTEEN.
   25    S 20. Section 5 and subdivisions (a) and (e) of section 6 of part J of
   26  chapter  63 of the laws of 2001, amending chapter 20 of the laws of 2001
   27  amending the military law and other laws relating  to  making  appropri-
   28  ations for the support of government, as amended by section 28 of part B
   29  of chapter 58 of the laws of 2008, are amended to read as follows:
   30    S  5.  The  superintendent of insurance and the commissioner of health
   31  shall determine, no later than June 15, 2002, June 15,  2003,  June  15,
   32  2004,  June  15, 2005, June 15, 2006, June 15, 2007, June 15, 2008, June
   33  15, 2009, June 15, 2010, [and] June 15, 2011, JUNE 15,  2012,  JUNE  15,
   34  2013,  AND  JUNE 15, 2014, the amount of funds available in the hospital
   35  excess liability pool, created pursuant to section 18 of chapter 266  of
   36  the  laws of 1986, and whether such funds are sufficient for purposes of
   37  purchasing excess insurance coverage for eligible  participating  physi-
   38  cians  and  dentists during the period July 1, 2001 to June 30, 2002, or
   39  July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July
   40  1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or  July  1,
   41  2006 to June 30, 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008
   42  to  June  30, 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to
   43  June 30, 2011, OR JULY 1, 2011 TO JUNE 30, 2012, OR JULY 1, 2012 TO JUNE
   44  30, 2013, OR JULY 1, 2013 TO JUNE 30, 2014, as applicable.
   45    (a) This section shall be effective only upon a determination,  pursu-
   46  ant  to section five of this act, by the superintendent of insurance and
   47  the commissioner of health, and a certification of such determination to
   48  the state director of the budget, the chair of the senate  committee  on
   49  finance  and the chair of the assembly committee on ways and means, that
   50  the amount of funds in  the  hospital  excess  liability  pool,  created
   51  pursuant  to  section 18 of chapter 266 of the laws of 1986, is insuffi-
   52  cient for purposes of purchasing excess insurance coverage for  eligible
   53  participating  physicians and dentists during the period July 1, 2001 to
   54  June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June
   55  30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June  30,
   56  2006,  or  July  1,  2006  to June 30, 2007, or July 1, 2007 to June 30,
       S. 2809                            88                            A. 4009
    1  2008, or July 1, 2008 to June 30, 2009, or July  1,  2009  to  June  30,
    2  2010,  or  July  1,  2010  to June 30, 2011, OR JULY 1, 2011 TO JUNE 30,
    3  2012, OR JULY 1, 2012 TO JUNE 30, 2013, OR JULY  1,  2013  TO  JUNE  30,
    4  2014, as applicable.
    5    (e)  The  commissioner  of  health  shall  transfer for deposit to the
    6  hospital excess liability pool created pursuant to section 18 of chapter
    7  266 of the laws of 1986 such amounts as directed by  the  superintendent
    8  of insurance for the purchase of excess liability insurance coverage for
    9  eligible  participating physicians and dentists for the policy year July
   10  1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or  July  1,
   11  2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005
   12  to  June  30, 2006, or July 1, 2006 to June 30, 2007, as applicable, and
   13  the cost of administering the hospital excess liability  pool  for  such
   14  applicable  policy year,  pursuant to the program established in chapter
   15  266 of the laws of 1986, as amended, no later than June 15,  2002,  June
   16  15,  2003,  June  15, 2004, June 15, 2005, June 15, 2006, June 15, 2007,
   17  June 15, 2008, June 15, 2009, June 15, 2010, [and] June 15,  2011,  JUNE
   18  15, 2012, JUNE 15, 2013, AND JUNE 15, 2014, as applicable.
   19    S  21.  Section  18  of  chapter 904 of the laws of 1984, amending the
   20  public health law and the social services law  relating  to  encouraging
   21  comprehensive  health  services,  as  amended by section 64 of part C of
   22  chapter 58 of the laws of 2008, is amended to read as follows:
   23    S 18. This act shall take effect  immediately,  except  that  sections
   24  six,  nine, ten and eleven of this act shall take effect on the sixtieth
   25  day after it shall have become a law, sections two, three, four and nine
   26  of this act shall expire and be of no further  force  or  effect  on  or
   27  after  March  31, [2012] 2014, section two of this act shall take effect
   28  on April 1, 1985 or seventy-five days following the  submission  of  the
   29  report  required  by  section  one  of this act, whichever is later, and
   30  sections eleven and thirteen of this act  shall  expire  and  be  of  no
   31  further force or effect on or after March 31, 1988.
   32    S 22.  Paragraphs (i) and (j) of subdivision 1 of section 367-q of the
   33  social services law, as added by section 22-d of part B of chapter 58 of
   34  the  laws of 2008, are amended and three new paragraphs (k), (l) and (m)
   35  are added to read as follows:
   36    (i) for the period April first, two thousand nine through March  thir-
   37  ty-first,  two  thousand ten, twenty-eight million five hundred thousand
   38  dollars; [and]
   39    (j) for the period April first, two thousand ten through  March  thir-
   40  ty-first,  two  thousand eleven, twenty-eight million five hundred thou-
   41  sand dollars[.];
   42    (K) FOR THE PERIOD APRIL FIRST,  TWO  THOUSAND  ELEVEN  THROUGH  MARCH
   43  THIRTY-FIRST,  TWO  THOUSAND  TWELVE,  TWENTY-EIGHT MILLION FIVE HUNDRED
   44  THOUSAND DOLLARS;
   45    (L) FOR THE PERIOD APRIL FIRST,  TWO  THOUSAND  TWELVE  THROUGH  MARCH
   46  THIRTY-FIRST,  TWO  THOUSAND THIRTEEN, TWENTY-EIGHT MILLION FIVE HUNDRED
   47  THOUSAND DOLLARS; AND
   48    (M) FOR THE PERIOD APRIL FIRST, TWO THOUSAND  THIRTEEN  THROUGH  MARCH
   49  THIRTY-FIRST,  TWO  THOUSAND FOURTEEN, TWENTY-EIGHT MILLION FIVE HUNDRED
   50  THOUSAND DOLLARS.
   51    S 23. Paragraph (f) of subdivision 9 of section  3614  of  the  public
   52  health law, as added by section 22-e of part B of chapter 58 of the laws
   53  of  2008, is amended and three new paragraphs (g), (h) and (i) are added
   54  to read as follows:
   55    (f) for the period April first, two thousand ten through  March  thir-
   56  ty-first, two thousand eleven, up to one hundred million dollars[.];
       S. 2809                            89                            A. 4009
    1    (G)  FOR  THE  PERIOD  APRIL  FIRST, TWO THOUSAND ELEVEN THROUGH MARCH
    2  THIRTY-FIRST, TWO THOUSAND TWELVE, UP TO ONE HUNDRED MILLION DOLLARS;
    3    (H)  FOR  THE  PERIOD  APRIL  FIRST, TWO THOUSAND TWELVE THROUGH MARCH
    4  THIRTY-FIRST, TWO THOUSAND THIRTEEN, UP TO ONE HUNDRED MILLION DOLLARS;
    5    (I) FOR THE PERIOD APRIL FIRST, TWO THOUSAND  THIRTEEN  THROUGH  MARCH
    6  THIRTY-FIRST, TWO THOUSAND FOURTEEN, UP TO ONE HUNDRED MILLION DOLLARS.
    7    S  24.  Paragraph  (a) of subdivision 10 of section 3614 of the public
    8  health law, as amended by section 5 of part C of chapter 109 of the laws
    9  of 2006, is amended to read as follows:
   10    (a) Such adjustments to rates of payments shall be  allocated  propor-
   11  tionally  based  on  each certified home health agency's, long term home
   12  health care program, AIDS home care and hospice  program's  home  health
   13  aide  or  other  direct  care  services  total  annual  hours of service
   14  provided to medicaid patients, as reported in each  such  agency's  most
   15  [recent]  RECENTLY  AVAILABLE cost report as submitted to the department
   16  [prior to November first, two thousand five] or for the purpose  of  the
   17  managed long term care program a suitable proxy developed by the depart-
   18  ment in consultation with the interested parties. Payments made pursuant
   19  to  this section shall not be subject to subsequent adjustment or recon-
   20  ciliation.
   21    S 25. Section 4 of chapter 495 of  the  laws  of  2004,  amending  the
   22  insurance  law  and the public health law relating to the New York state
   23  health  insurance  continuation  assistance  demonstration  project,  as
   24  amended  by  section  29 of part B of chapter 58 of the laws of 2008, is
   25  amended to read as follows:
   26    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   27  have  become  a  law;  provided,  however, that this act shall remain in
   28  effect until July 1, [2011] 2014 when upon such date the  provisions  of
   29  this  act shall expire and be deemed repealed; provided, further, that a
   30  displaced worker shall be eligible for continuation assistance  retroac-
   31  tive to July 1, 2004.
   32    S  26. The opening paragraph of paragraph (b) and paragraphs (c), (d),
   33  (e), (f) and (g) of subdivision 5-a of  section  2807-m  of  the  public
   34  health law, the opening paragraph of paragraph (b) as amended by section
   35  4  of part B of chapter 109 of the laws of 2010, paragraphs (c), (f) and
   36  (g) and the opening paragraphs of paragraphs (d) and (e) as  amended  by
   37  section  98  of  part C of chapter 58 of the laws of 2009 and paragraphs
   38  (d) and (e) as added by section 75-c of part C of chapter 58 of the laws
   39  of 2008, are amended to read as follows:
   40    Nine million one hundred twenty  thousand  dollars  annually  for  the
   41  period  January  first, two thousand nine through December thirty-first,
   42  two thousand ten, and two million two hundred  eighty  thousand  dollars
   43  for  the period January first, two thousand eleven, AND NINE MILLION ONE
   44  HUNDRED TWENTY THOUSAND DOLLARS EACH STATE FISCAL YEAR  FOR  THE  PERIOD
   45  APRIL  FIRST,  TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
   46  SAND FOURTEEN, through March thirty-first, two thousand eleven, shall be
   47  set aside and reserved by  the  commissioner  from  the  regional  pools
   48  established  pursuant to subdivision two of this section to be allocated
   49  regionally with two-thirds of the available funding going  to  New  York
   50  city  and  one-third  of  the available funding going to the rest of the
   51  state and shall be available for distribution as follows:
   52    (c) Ambulatory care  training.  Four  million  nine  hundred  thousand
   53  dollars  for the period January first, two thousand eight through Decem-
   54  ber thirty-first, two thousand eight, four million nine hundred thousand
   55  dollars for the period January first, two thousand nine through December
   56  thirty-first, two thousand nine,  four  million  nine  hundred  thousand
       S. 2809                            90                            A. 4009
    1  dollars  for the period January first, two thousand ten through December
    2  thirty-first, two thousand ten, [and] one million  two  hundred  twenty-
    3  five  thousand dollars for the period January first, two thousand eleven
    4  through  March thirty-first, two thousand eleven, AND FOUR MILLION THREE
    5  HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR  FOR  THE  PERIOD  APRIL
    6  FIRST,  TWO  THOUSAND  ELEVEN  THROUGH  MARCH THIRTY-FIRST, TWO THOUSAND
    7  FOURTEEN, shall be set aside and reserved by the commissioner  from  the
    8  regional  pools  established pursuant to subdivision two of this section
    9  and shall be available for distributions to sponsoring  institutions  to
   10  be  directed  to support clinical training of medical students and resi-
   11  dents in free-standing ambulatory  care  settings,  including  community
   12  health  centers  and  private practices. Such funding shall be allocated
   13  regionally with two-thirds of the available funding going  to  New  York
   14  city  and  one-third  of  the available funding going to the rest of the
   15  state and shall be distributed to sponsoring institutions in each region
   16  pursuant to a request for application or request  for  proposal  process
   17  with  preference  being  given  to sponsoring institutions which provide
   18  training in sites located in underserved rural or inner-city  areas  and
   19  those that include medical students in such training.
   20    (d)  Physician loan repayment program.  One million nine hundred sixty
   21  thousand dollars for  the  period  January  first,  two  thousand  eight
   22  through  December  thirty-first,  two  thousand  eight, one million nine
   23  hundred sixty thousand dollars for the period January first,  two  thou-
   24  sand  nine through December thirty-first, two thousand nine, one million
   25  nine hundred sixty thousand dollars for the period  January  first,  two
   26  thousand ten through December thirty-first, two thousand ten, [and] four
   27  hundred  ninety thousand dollars for the period January first, two thou-
   28  sand eleven through March thirty-first, two  thousand  eleven,  AND  ONE
   29  MILLION  SEVEN  HUNDRED  THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
   30  PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST,  TWO
   31  THOUSAND  FOURTEEN,  shall be set aside and reserved by the commissioner
   32  from the regional pools established pursuant to subdivision two of  this
   33  section  and shall be available for purposes of physician loan repayment
   34  in accordance with subdivision ten of this section. Such  funding  shall
   35  be  allocated  regionally with one-third of available funds going to New
   36  York city and two-thirds of available funds going to  the  rest  of  the
   37  state  and  shall  be  distributed  in  a manner to be determined by the
   38  commissioner as follows:
   39    (i) Funding shall first be awarded to repay loans of up to twenty-five
   40  physicians who train in primary care or  specialty  tracks  in  teaching
   41  general hospitals, and who enter and remain in primary care or specialty
   42  practices in underserved communities, as determined by the commissioner.
   43    (ii)  After  distributions in accordance with subparagraph (i) of this
   44  paragraph, all remaining funds shall be awarded to repay loans of physi-
   45  cians who enter and remain in primary care  or  specialty  practices  in
   46  underserved  communities,  as  determined by the commissioner, including
   47  but not limited to physicians working in  general  hospitals,  or  other
   48  health care facilities.
   49    (iii)  In no case shall less than fifty percent of the funds available
   50  pursuant to this paragraph be distributed in  accordance  with  subpara-
   51  graphs (i) and (ii) of this paragraph to physicians identified by gener-
   52  al hospitals.
   53    (e)  Physician  practice support.   Four million nine hundred thousand
   54  dollars for the period January first, two thousand eight through  Decem-
   55  ber thirty-first, two thousand eight, four million nine hundred thousand
   56  dollars annually for the period January first, two thousand nine through
       S. 2809                            91                            A. 4009
    1  December  thirty-first,  two thousand ten, [and] one million two hundred
    2  twenty-five thousand dollars for the period January first, two  thousand
    3  eleven through March thirty-first, two thousand eleven, AND FOUR MILLION
    4  THREE  HUNDRED  THOUSAND  DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD
    5  APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST,  TWO  THOU-
    6  SAND  FOURTEEN, shall be set aside and reserved by the commissioner from
    7  the regional pools established  pursuant  to  subdivision  two  of  this
    8  section  and  shall  be  available  for  purposes  of physician practice
    9  support. Such funding shall be allocated regionally  with  one-third  of
   10  available funds going to New York city and two-thirds of available funds
   11  going  to  the rest of the state and shall be distributed in a manner to
   12  be determined by the commissioner as follows:
   13    (i) Preference in funding shall first be accorded to teaching  general
   14  hospitals  for  up  to  twenty-five awards, to support costs incurred by
   15  physicians trained in primary or specialty tracks who thereafter  estab-
   16  lish  or join practices in underserved communities, as determined by the
   17  commissioner.
   18    (ii) After distributions in accordance with subparagraph (i)  of  this
   19  paragraph, all remaining funds shall be awarded to physicians to support
   20  the  cost  of  establishing or joining practices in underserved communi-
   21  ties, as determined by the commissioner,  and  to  hospitals  and  other
   22  health  care  providers to recruit new physicians to provide services in
   23  underserved communities, as determined by the commissioner.
   24    (iii) In no case shall less than fifty percent of the funds  available
   25  pursuant  to  this  paragraph  be  distributed  to  general hospitals in
   26  accordance with subparagraphs (i) and (ii) of this paragraph.
   27    (f) Study on physician workforce. Five hundred ninety thousand dollars
   28  annually for the period January first, two thousand eight through Decem-
   29  ber thirty-first, two thousand ten, [and] one hundred forty-eight  thou-
   30  sand  dollars  for the period January first, two thousand eleven through
   31  March thirty-first, two thousand eleven, AND FIVE HUNDRED SIXTEEN  THOU-
   32  SAND  DOLLARS  EACH  STATE  FISCAL  YEAR FOR THE PERIOD APRIL FIRST, TWO
   33  THOUSAND ELEVEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, shall
   34  be set aside and reserved by the commissioner from  the  regional  pools
   35  established  pursuant  to  subdivision  two of this section and shall be
   36  available to fund a study of physician  workforce  needs  and  solutions
   37  including,  but  not  limited  to, an analysis of residency programs and
   38  projected physician workforce  and  community  needs.  The  commissioner
   39  shall  enter  into  agreements with one or more organizations to conduct
   40  such study based on a request for proposal process.
   41    (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
   42  any  inconsistent provision of section one hundred twelve or one hundred
   43  sixty-three of the state finance law or any other law, one million  nine
   44  hundred  sixty  thousand  dollars annually for the period January first,
   45  two thousand eight through  December  thirty-first,  two  thousand  ten,
   46  [and] four hundred ninety thousand dollars for the period January first,
   47  two thousand eleven through March thirty-first, two thousand eleven, AND
   48  ONE  MILLION  SEVEN  HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
   49  THE PERIOD APRIL FIRST, TWO THOUSAND ELEVEN THROUGH MARCH  THIRTY-FIRST,
   50  TWO  THOUSAND  FOURTEEN,  shall be set aside and reserved by the commis-
   51  sioner from the regional pools established pursuant to  subdivision  two
   52  of  this section and shall be available for distributions to the Associ-
   53  ated Medical Schools of New York to fund its diversity program including
   54  existing and new post-baccalaureate programs for  minority  and  econom-
   55  ically  disadvantaged  students  and  encourage  participation  from all
   56  medical schools in New York. The associated medical schools of New  York
       S. 2809                            92                            A. 4009
    1  shall report to the commissioner on an annual basis regarding the use of
    2  funds  for  such  purpose  in  such  form and manner as specified by the
    3  commissioner.
    4    S  26-a.  Subdivision 7 of section 2807-m of the public health law, as
    5  amended by section 99 of part C of chapter 58 of the laws  of  2009,  is
    6  amended to read as follows:
    7    7.  Notwithstanding  any inconsistent provision of section one hundred
    8  twelve or one hundred sixty-three of the state finance law or any  other
    9  law,  up  to one million dollars for the period January first, two thou-
   10  sand through  December  thirty-first,  two  thousand,  one  million  six
   11  hundred  thousand  dollars  annually  for the periods January first, two
   12  thousand one through December  thirty-first,  two  thousand  eight,  one
   13  million  five  hundred thousand dollars annually for the periods January
   14  first, two thousand nine through  December  thirty-first,  two  thousand
   15  ten,  [and]  three  hundred seventy-five thousand dollars for the period
   16  January first, two thousand eleven through March thirty-first, two thou-
   17  sand eleven, AND ONE MILLION THREE HUNDRED TWENTY THOUSAND DOLLARS  EACH
   18  STATE  FISCAL  YEAR  FOR  THE  PERIOD  APRIL  FIRST, TWO THOUSAND ELEVEN
   19  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, shall  be  set  aside
   20  and  reserved  by  the  commissioner from the regional pools established
   21  pursuant to subdivision two of this section and shall be  available  for
   22  distributions to the New York state area health education center program
   23  for  the  purpose  of  expanding  community-based  training  of  medical
   24  students. In addition, one million dollars annually for the period Janu-
   25  ary first, two thousand eight through December thirty-first,  two  thou-
   26  sand  ten, [and] two hundred fifty thousand dollars for the period Janu-
   27  ary first, two thousand eleven through March thirty-first, two  thousand
   28  eleven, AND EIGHT HUNDRED EIGHTY THOUSAND DOLLARS EACH STATE FISCAL YEAR
   29  FOR   THE   PERIOD  APRIL  FIRST,  TWO  THOUSAND  ELEVEN  THROUGH  MARCH
   30  THIRTY-FIRST, TWO THOUSAND FOURTEEN, shall be set aside and reserved  by
   31  the  commissioner from the regional pools established pursuant to subdi-
   32  vision two of this section and shall be available for  distributions  to
   33  the  New York state area health education center program for the purpose
   34  of post-secondary training of health care professionals who will achieve
   35  specific program outcomes within the New York state area  health  educa-
   36  tion  center  program.  The  New York state area health education center
   37  program shall report to the commissioner on an  annual  basis  regarding
   38  the  use  of funds for each purpose in such form and manner as specified
   39  by the commissioner.
   40    S 27. Subdivision 4-c of section 2807-p of the public health  law,  as
   41  amended  by section 13-c of Part C of chapter 58 of the laws of 2009, is
   42  amended to read as follows:
   43    4-c. Notwithstanding any provision of law to the contrary, the commis-
   44  sioner shall make additional payments for uncompensated care  to  volun-
   45  tary  non-profit  diagnostic and treatment centers that are eligible for
   46  distributions under subdivision four of this section  in  the  following
   47  amounts:  for  the  period June first, two thousand six through December
   48  thirty-first, two thousand six, in the  amount  of  seven  million  five
   49  hundred  thousand  dollars,  for  the period January first, two thousand
   50  seven through December thirty-first, two thousand seven,  seven  million
   51  five  hundred  thousand dollars, for the period January first, two thou-
   52  sand eight through December  thirty-first,  two  thousand  eight,  seven
   53  million five hundred thousand dollars, for the period January first, two
   54  thousand  nine through December thirty-first, two thousand nine, fifteen
   55  million five hundred thousand dollars, for the period January first, two
   56  thousand ten through December  thirty-first,  two  thousand  ten,  seven
       S. 2809                            93                            A. 4009
    1  million five hundred thousand dollars, FOR THE PERIOD JANUARY FIRST, TWO
    2  THOUSAND ELEVEN THOUGH DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, SEVEN
    3  MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO
    4  THOUSAND  TWELVE  THROUGH  DECEMBER  THIRTY-FIRST,  TWO THOUSAND TWELVE,
    5  SEVEN MILLION FIVE HUNDRED THOUSAND  DOLLARS,  FOR  THE  PERIOD  JANUARY
    6  FIRST, TWO THOUSAND THIRTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
    7  THIRTEEN, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, and for the peri-
    8  od  January  first, two thousand [eleven] FOURTEEN through March thirty-
    9  first, two thousand [eleven] FOURTEEN, in  the  amount  of  one  million
   10  eight hundred seventy-five thousand dollars, provided, however, that for
   11  periods  on and after January first, two thousand eight, such additional
   12  payments shall be distributed to voluntary,  non-profit  diagnostic  and
   13  treatment  centers  and  to  public  diagnostic and treatment centers in
   14  accordance with paragraph (g) of subdivision four of  this  section.  In
   15  the  event  that  federal  financial participation is available for rate
   16  adjustments pursuant to this section, the commissioner shall  make  such
   17  payments  as  additional  adjustments  to rates of payment for voluntary
   18  non-profit diagnostic  and  treatment  centers  that  are  eligible  for
   19  distributions  under subdivision four-a of this section in the following
   20  amounts: for the period June first, two thousand  six  through  December
   21  thirty-first,  two  thousand  six, fifteen million dollars in the aggre-
   22  gate, and for the period January first, two thousand seven through  June
   23  thirtieth,  two  thousand  seven,  seven  million  five hundred thousand
   24  dollars in the aggregate. The amounts allocated pursuant to  this  para-
   25  graph  shall  be  aggregated  with  and distributed pursuant to the same
   26  methodology applicable to the amounts allocated to such  diagnostic  and
   27  treatment  centers for such periods pursuant to subdivision four of this
   28  section if federal financial participation is not available, or pursuant
   29  to subdivision four-a of this section if federal financial participation
   30  is available.  Notwithstanding section three  hundred  sixty-eight-a  of
   31  the  social  services  law,  there  shall be no local share in a medical
   32  assistance payment adjustment under this subdivision.
   33    S 28. Subdivision 3 and paragraph (a)  of  subdivision  4  of  section
   34  2807-k  of  the public health law, as amended by section 15 of part C of
   35  chapter 58 of the laws of 2010, are amended to read as follows:
   36    3. Each major public general hospital shall be allocated for  distrib-
   37  ution  from the pools established pursuant to this section for each year
   38  through December thirty-first, two thousand [eleven] FOURTEEN, an amount
   39  equal to the amount allocated to such major public general hospital from
   40  the regional pool  established  pursuant  to  subdivision  seventeen  of
   41  section  twenty-eight  hundred  seven-c  of  this article for the period
   42  January first, nineteen  hundred  ninety-six  through  December  thirty-
   43  first,  nineteen hundred ninety-six, provided, however, that payments on
   44  and after January first, two thousand  nine  shall  be  subject  to  the
   45  provisions of subdivision five-a of this section.
   46    (a)  From  funds in the pool for each year, thirty-six million dollars
   47  shall be reserved on an annual basis through December thirty-first,  two
   48  thousand [eleven] FOURTEEN, for distribution as high need adjustments in
   49  accordance with subdivision six of this section, provided, however, that
   50  payments  on and after January first, two thousand nine shall be subject
   51  to the provisions of subdivision five-a of this section.
   52    S 29. The opening paragraph, paragraph (a) of subdivision 1 and subdi-
   53  vision 2 of section 2807-w of the  public  health  law,  as  amended  by
   54  section  14  of part C of chapter 58 of the laws of 2010, are amended to
   55  read as follows:
       S. 2809                            94                            A. 4009
    1    Funds allocated pursuant  to  paragraph  (p)  of  subdivision  one  of
    2  section twenty-eight hundred seven-v of this article, shall be deposited
    3  as  authorized  and  used  for the purpose of making medicaid dispropor-
    4  tionate share payments of up to eighty-two million dollars on an annual-
    5  ized  basis  pursuant  to subdivision twenty-one of section twenty-eight
    6  hundred seven-c of this article, for the period January first, two thou-
    7  sand through March thirty-first,  two  thousand  [eleven]  FOURTEEN,  in
    8  accordance with the following:
    9    (a) Each eligible rural hospital shall receive one hundred forty thou-
   10  sand  dollars  on an annualized basis for the periods January first, two
   11  thousand through December thirty-first, two thousand [eleven]  FOURTEEN,
   12  provided as a disproportionate share payment; provided, however, that if
   13  such  payment pursuant to this paragraph exceeds a hospital's applicable
   14  disproportionate share limit, then the total amount in  excess  of  such
   15  limit  shall  be  provided as a nondisproportionate share payment in the
   16  form of a grant directly  from  this  pool  without  allocation  to  the
   17  special  revenue funds - other, indigent care fund - 068, or any succes-
   18  sor fund or account, and provided further that payments for  periods  on
   19  and  after  January  first,  two  thousand  nine shall be subject to the
   20  provisions of subdivision five-a of section twenty-eight hundred seven-k
   21  of this article;
   22    2. From the funds in the pool each year, thirty-six million dollars on
   23  an annualized basis for the periods January first, two thousand  through
   24  December  thirty-first, two thousand [eleven] FOURTEEN, of the funds not
   25  distributed in accordance with subdivision one of this section, shall be
   26  distributed in accordance with the formula set forth in subdivision  six
   27  of  section  twenty-eight  hundred  seven-k  of  this article, provided,
   28  however, that payments for periods on and after January first, two thou-
   29  sand nine shall be subject to the provisions of  subdivision  five-a  of
   30  section twenty-eight hundred seven-k of this article.
   31    S  30.  Subparagraph  (v) of paragraph (a) of subdivision 3 of section
   32  2807-j of the public health law, as added by chapter 639 of the laws  of
   33  1996, is amended to read as follows:
   34    (v)  revenue received from physician practice or faculty practice plan
   35  discrete billings for [private practicing] physician services;
   36    S 31. Clause (D) of subparagraph (ii) of paragraph (b) of  subdivision
   37  3 of section 2807-j of the public health law, as added by chapter 639 of
   38  the laws of 1996, is amended to read as follows:
   39    (D)  revenue received from physician practice or faculty practice plan
   40  discrete billings for [private practicing] physician services;
   41    S 32. Notwithstanding any inconsistent provision of law, rule or regu-
   42  lation, for purposes of implementing the provisions of the public health
   43  law and the social services law, references to titles XIX and XXI of the
   44  federal social security act in the public  health  law  and  the  social
   45  services  law  shall be deemed to include and also to mean any successor
   46  titles thereto under the federal social security act.
   47    S 33. Notwithstanding any inconsistent provision of law, rule or regu-
   48  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   49  the public health law, section 18 of chapter 2 of the laws of 1988,  and
   50  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
   51  or certification of rates of payment, are hereby suspended  and  without
   52  force or effect for purposes of implementing the provisions of this act.
   53    S 34.  Severability clause. If any clause, sentence, paragraph, subdi-
   54  vision,  section  or  part of this act shall be adjudged by any court of
   55  competent jurisdiction to be invalid, such judgement shall  not  affect,
   56  impair or invalidate the remainder thereof, but shall be confined in its
       S. 2809                            95                            A. 4009
    1  operation  to  the  clause, sentence, paragraph, subdivision, section or
    2  part thereof directly involved in the controversy in which  such  judge-
    3  ment shall have been rendered. It is hereby declared to be the intent of
    4  the  legislature  that  this  act  would  have been enacted even if such
    5  invalid provisions had not been included herein.
    6    S 35. This act shall take effect immediately and shall  be  deemed  to
    7  have  been in full force and effect on and after April 1, 2011, provided
    8  that:
    9    (a) any rules or regulations necessary to implement the provisions  of
   10  this  act  may be promulgated and any procedures, forms, or instructions
   11  necessary for such implementation may be adopted and issued on or  after
   12  the date this act shall have become a law;
   13    (b)  this  act shall not be construed to alter, change, affect, impair
   14  or defeat any rights, obligations, duties or interests accrued, incurred
   15  or conferred prior to the effective date of this act;
   16    (c) the commissioner of health and the superintendent of insurance and
   17  any appropriate council may take any steps necessary to  implement  this
   18  act prior to its effective date;
   19    (d)  notwithstanding  any inconsistent provision of the state adminis-
   20  trative procedure act or any other provision of law, rule or regulation,
   21  the commissioner of health and the superintendent of insurance  and  any
   22  appropriate  council is authorized to adopt or amend or promulgate on an
   23  emergency basis any regulation he or  she  or  such  council  determines
   24  necessary to implement any provision of this act on its effective date;
   25    (e)  the provisions of this act shall become effective notwithstanding
   26  the failure of the commissioner  of  health  or  the  superintendent  of
   27  insurance  or  any  council  to adopt or amend or promulgate regulations
   28  implementing this act;
   29    (f) the amendments to sections 2807-j and 2807-s of the public  health
   30  law  made by sections three, five, five-a, five-b, six, thirty and thir-
   31  ty-one, respectively, of this act shall not  affect  the  expiration  of
   32  such sections and shall expire therewith; and
   33    (g)  the  amendments  to  paragraph  (i-l) of subdivision 1 of section
   34  2807-v of the public health law made by section eight of this act  shall
   35  not  affect  the  repeal  of such paragraph and shall be deemed repealed
   36  therewith.
   37                                   PART D
   38    Section 1. Paragraph (e-1) of subdivision 12 of section  2808  of  the
   39  public  health  law,  as  separately amended by section 11 of part B and
   40  section 21 of part D of chapter 58 of the laws of 2009,  is  amended  to
   41  read as follows:
   42    (e-1) Notwithstanding any inconsistent provision of law or regulation,
   43  the  commissioner  shall  provide,  in  addition to payments established
   44  pursuant to this article prior to application  of  this  section,  addi-
   45  tional  payments  under the medical assistance program pursuant to title
   46  eleven of article five of the social services law for non-state operated
   47  public residential health care facilities, including public  residential
   48  health  care  facilities  located in the county of Nassau, the county of
   49  Westchester and the county of Erie,  but  excluding  public  residential
   50  health  care  facilities  operated by a town or city within a county, in
   51  aggregate annual amounts of up to one hundred fifty million  dollars  in
   52  additional payments for the state fiscal year beginning April first, two
   53  thousand  six  and  for the state fiscal year beginning April first, two
   54  thousand seven and for the state fiscal year beginning April first,  two
       S. 2809                            96                            A. 4009
    1  thousand eight and of up to three hundred million dollars in such aggre-
    2  gate  annual  additional  payments  for  the state fiscal year beginning
    3  April first, two thousand nine, and for the state fiscal year  beginning
    4  April  first,  two  thousand ten and for the state fiscal year beginning
    5  April first, two thousand eleven, AND EACH STATE FISCAL YEAR THEREAFTER.
    6  The amount allocated to each eligible  public  residential  health  care
    7  facility  for  this  period  shall  be  computed  in accordance with the
    8  provisions of paragraph (f) of this subdivision, provided, however, that
    9  patient days shall be utilized for such  computation  reflecting  actual
   10  reported  data for two thousand three and each representative succeeding
   11  year as applicable.
   12    S 2. Paragraph (a) of subdivision 1 of section 212 of chapter  474  of
   13  the  laws of 1996, amending the education law and other laws relating to
   14  rates for residential healthcare facilities, as amended by section 2  of
   15  part B of chapter 58 of the laws of 2010, is amended to read as follows:
   16    (a) Notwithstanding any inconsistent provision of law or regulation to
   17  the  contrary,  effective beginning August 1, 1996, for the period April
   18  1, 1997 through March 31, 1998, April 1, 1998 for the  period  April  1,
   19  1998  through  March  31,  1999, August 1, 1999, for the period April 1,
   20  1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000
   21  through March 31, 2001, April 1, 2001, for  the  period  April  1,  2001
   22  through  March  31,  2002,  April  1, 2002, for the period April 1, 2002
   23  through March 31, 2003, and for the state fiscal year beginning April 1,
   24  2005 through March 31, 2006, and for the  state  fiscal  year  beginning
   25  April  1,  2006  through  March  31, 2007, and for the state fiscal year
   26  beginning April 1, 2007 through March 31, 2008, and for the state fiscal
   27  year beginning April 1, 2008 through March 31, 2009, and for  the  state
   28  fiscal  year beginning April 1, 2009 through March 31, 2010, and for the
   29  state fiscal year beginning April 1, 2010 through March  31,  2011,  AND
   30  FOR  EACH  STATE  FISCAL  YEAR  THEREAFTER,  the department of health is
   31  authorized to pay public general hospitals, as defined in subdivision 10
   32  of section 2801 of the public health law, operated by the state  of  New
   33  York  or by the state university of New York or by a county, which shall
   34  not include a city with a population of over one million, of  the  state
   35  of New York, and those public general hospitals located in the county of
   36  Westchester,  the  county  of  Erie  or the county of Nassau, additional
   37  payments for inpatient hospital services as medical assistance  payments
   38  pursuant  to  title  11  of  article  5  of  the social services law for
   39  patients eligible for federal financial participation under title XIX of
   40  the federal social security act in medical assistance  pursuant  to  the
   41  federal  laws  and regulations governing disproportionate share payments
   42  to hospitals up to one hundred  percent  of  each  such  public  general
   43  hospital's  medical  assistance  and  uninsured patient losses after all
   44  other medical assistance, including disproportionate share  payments  to
   45  such  public  general  hospital  for  1996,  1997, 1998, and 1999, based
   46  initially for 1996 on reported 1994 reconciled data  as  further  recon-
   47  ciled  to  actual  reported  1996  reconciled  data,  and for 1997 based
   48  initially on reported 1995 reconciled  data  as  further  reconciled  to
   49  actual  reported  1997  reconciled  data,  for  1998  based initially on
   50  reported 1995 reconciled data as further reconciled to  actual  reported
   51  1998  reconciled  data, for 1999 based initially on reported 1995 recon-
   52  ciled data as further reconciled  to  actual  reported  1999  reconciled
   53  data,  for  2000  based  initially  on  reported 1995 reconciled data as
   54  further reconciled to actual reported 2000 data, for 2001 based initial-
   55  ly on reported 1995 reconciled data  as  further  reconciled  to  actual
   56  reported 2001 data, for 2002 based initially on reported 2000 reconciled
       S. 2809                            97                            A. 4009
    1  data  as  further reconciled to actual reported 2002 data, and for state
    2  fiscal years beginning on April 1, 2005,  based  initially  on  reported
    3  2000  reconciled  data as further reconciled to actual reported data for
    4  2005,  and  for  state  fiscal  years  beginning on April 1, 2006, based
    5  initially on reported 2000 reconciled  data  as  further  reconciled  to
    6  actual  reported  data for 2006, for state fiscal years beginning on and
    7  after April 1, 2007 through March 31, 2009, based initially on  reported
    8  2000  reconciled  data as further reconciled to actual reported data for
    9  2007 and 2008, respectively, for state fiscal  years  beginning  on  and
   10  after  April  1, 2009, based initially on reported 2007 reconciled data,
   11  adjusted for authorized Medicaid rate changes applicable  to  the  state
   12  fiscal year, and as further reconciled to actual reported data for 2009,
   13  for  state  fiscal  years  beginning  on  and after April 1, 2010, based
   14  initially on reported reconciled data from the base year two years prior
   15  to the payment year,  adjusted  for  authorized  Medicaid  rate  changes
   16  applicable  to  the  state fiscal year, and further reconciled to actual
   17  reported data from such payment year, and to actual  reported  data  for
   18  each  respective succeeding year.  The payments may be added to rates of
   19  payment or made as aggregate payments  to  an  eligible  public  general
   20  hospital.
   21    S  3.  Section  11  of  chapter  884 of the laws of 1990, amending the
   22  public health law relating to authorizing  bad  debt  and  charity  care
   23  allowances  for certified home health agencies, as amended by section 14
   24  of part B of chapter 58 of the laws of  2009,  is  amended  to  read  as
   25  follows:
   26    S 11. This act shall take effect immediately and:
   27    (a) sections one and three shall expire on December 31, 1996,
   28    (b)  sections  four  through ten shall expire on June 30, [2011] 2013,
   29  and
   30    (c) provided that the amendment to section 2807-b of the public health
   31  law by section two of this act shall not affect the expiration  of  such
   32  section  2807-b  as  otherwise  provided  by  law and shall be deemed to
   33  expire therewith.
   34    S 4. Subdivision 2 of section 246 of chapter 81 of the laws  of  1995,
   35  amending  the  public  health  law  and  other  laws relating to medical
   36  reimbursement and welfare reform, as amended by section 15 of part B  of
   37  chapter 58 of the laws of 2009, is amended to read as follows:
   38    2.  Sections  five,  seven  through nine, twelve through fourteen, and
   39  eighteen of this act shall be deemed to have  been  in  full  force  and
   40  effect  on  and  after  April  1, 1995 through March 31, 1999 and on and
   41  after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
   42  through March 31, 2003 and on and after April 1, 2003 through March  31,
   43  2006  and  on  and after April 1, 2006 through March 31, 2007 and on and
   44  after April 1, 2007 through March 31, 2009 and on  and  after  April  1,
   45  2009  through  March 31, 2011 AND SECTIONS TWELVE, THIRTEEN AND FOURTEEN
   46  OF THIS ACT SHALL BE DEEMED TO BE IN FULL FORCE AND EFFECT ON AND  AFTER
   47  APRIL 1, 2011;
   48    S 5. Intentionally omitted.
   49    S 6. Intentionally omitted.
   50    S  7. Paragraphs (a) and (e) of subdivision 8 of section 2807-c of the
   51  public health law, paragraph (a) as amended by chapter 731 of  the  laws
   52  of  1993  and  paragraph (e) as added by chapter 81 of the laws of 1995,
   53  are amended to read as follows:
   54    (a) Capital related inpatient expenses including but  not  limited  to
   55  straight  line  depreciation  on  buildings  and  non-movable equipment,
   56  accelerated depreciation on major movable equipment if requested by  the
       S. 2809                            98                            A. 4009
    1  hospital,  rentals  and  interest  on  capital  debt  (or  for hospitals
    2  financed pursuant  to  article  twenty-eight-B  of  this  chapter,  such
    3  expenses,  including amortization in lieu of depreciation, as determined
    4  pursuant  to  the reimbursement regulations promulgated pursuant to such
    5  article and article twenty-eight of this chapter), [and excluding  costs
    6  related  to  services  provided  to  beneficiaries of title XVIII of the
    7  federal social security act (medicare),] shall be included in  rates  of
    8  payment  determined pursuant to this section based on a budget for capi-
    9  tal related inpatient expenses and  subsequently  reconciled  to  actual
   10  expenses  and  statistics  through appropriate audit procedures. General
   11  hospitals shall submit to the commissioner, at least one hundred  twenty
   12  days  prior  to  the  commencement  of  each year, a schedule of capital
   13  related inpatient expenses for the forthcoming year. Any capital expend-
   14  iture which requires or required approval pursuant to this article  must
   15  have received such approval for any capital related expense generated by
   16  such  capital  expenditure to be included in rates of payment. The basis
   17  for determining capital related inpatient expenses shall be  the  lesser
   18  of  actual  cost  or  the  final  amount  specifically  approved for the
   19  construction of the capital asset. The submitted budget may include  the
   20  capital  related  inpatient  expenses for all existing capital assets as
   21  well as estimates of capital  related  inpatient  expenses  for  capital
   22  assets  to be acquired or placed in use prior to the commencement of the
   23  rate year or during the rate year provided all required  approvals  have
   24  been obtained.
   25    The  council shall adopt, with the approval of the commissioner, regu-
   26  lations to:
   27    (i) identify by type the eligible capital related inpatient expenses;
   28    (ii) safeguard the future financial viability of voluntary, non-profit
   29  general hospitals by requiring  funding  of  inpatient  depreciation  on
   30  building and fixed and movable equipment;
   31    (iii)  provide  authorization  to  adjust inpatient rates by advancing
   32  payment of depreciation as needed, in instances of capital debt  related
   33  financial distress of voluntary, non-profit general hospitals; and
   34    (iv) provide a methodology for the reimbursement treatment of sales.
   35    (e)  Notwithstanding  any  inconsistent provision of this subdivision,
   36  commencing April first, nineteen hundred ninety-five, when a factor  for
   37  reconciliation  of budgeted capital related inpatient expenses to actual
   38  capital related inpatient expenses [excluding costs related to  services
   39  provided  to beneficiaries of title XVIII of the federal social security
   40  act (medicare)] for a prior year is  included  in  the  capital  related
   41  inpatient  expenses  component of rates of payment, such capital related
   42  inpatient expenses component of rates of payment shall be reduced by the
   43  commissioner by the difference between the  reconciled  capital  related
   44  inpatient expenses included in rates of payment determined in accordance
   45  with paragraphs (a), (b) and (c) of this subdivision for such prior year
   46  and  capital  related  inpatient expenses for such prior year calculated
   47  [based on a determination of costs related to services provided to bene-
   48  ficiaries of title XVIII of the federal social security act  (medicare)]
   49  based  on  the  hospital's  average  capital  related inpatient expenses
   50  computed on a per diem basis.
   51    S 8. Paragraph (d) of subdivision 8 of section 2807-c  of  the  public
   52  health law is REPEALED.
   53    S  9.  Section  194  of  chapter 474 of the laws of 1996, amending the
   54  education law and other laws relating to rates  for  residential  health
   55  care facilities, as amended by section 24 of part B of chapter 58 of the
   56  laws of 2009, is amended to read as follows:
       S. 2809                            99                            A. 4009
    1    S  194.  1. Notwithstanding any inconsistent provision of law or regu-
    2  lation, the trend factors used to project reimbursable  operating  costs
    3  to the rate period for purposes of determining rates of payment pursuant
    4  to  article  28  of  the  public  health law for residential health care
    5  facilities  for reimbursement of inpatient services provided to patients
    6  eligible for payments made by state governmental agencies on  and  after
    7  April  1, 1996 through March 31, 1999 and for payments made on and after
    8  July 1, 1999 through March 31, 2000 and  on  and  after  April  1,  2000
    9  through  March 31, 2003 and on and after April 1, 2003 through March 31,
   10  2007 and on and after April 1, 2007 through March 31, 2009  and  on  and
   11  after  April  1,  2009  through March 31, 2011 AND ON AND AFTER APRIL 1,
   12  2011 shall reflect no trend factor projections or  adjustments  for  the
   13  period April 1, 1996, through March 31, 1997.
   14    2.  The  commissioner  of health shall adjust such rates of payment to
   15  reflect the exclusion pursuant to this section of such  specified  trend
   16  factor projections or adjustments.
   17    S  10.  Subdivision  1  of section 89-a of part C of chapter 58 of the
   18  laws of 2007, amending the social services law and other  laws  relating
   19  to  enacting  the major components of legislation necessary to implement
   20  the health and mental hygiene budget  for  the  2007-2008  state  fiscal
   21  year,  as  amended  by section 25 of part B of chapter 58 of the laws of
   22  2009, is amended to read as follows:
   23    1. Notwithstanding paragraph (c) of subdivision 10 of  section  2807-c
   24  of  the  public  health  law  and section 21 of chapter 1 of the laws of
   25  1999, as amended, and any other inconsistent provision of law  or  regu-
   26  lation  to  the  contrary,  in  determining  rates  of payments by state
   27  governmental agencies effective for services provided beginning April 1,
   28  2006, through March 31, 2009, and on and after  April  1,  2009  through
   29  March  31, 2011, AND ON AND AFTER APRIL 1, 2011 for inpatient and outpa-
   30  tient services provided by general hospitals and for inpatient  services
   31  and  outpatient  adult  day health care services provided by residential
   32  health care facilities pursuant to article 28 of the public health  law,
   33  the  commissioner of health shall apply a trend factor projection of two
   34  and twenty-five hundredths percent attributable to the period January 1,
   35  2006 through December 31, 2006,  and  on  and  after  January  1,  2007,
   36  provided,  however,  that on reconciliation of such trend factor for the
   37  period January 1, 2006 through December 31, 2006 pursuant  to  paragraph
   38  (c)  of  subdivision 10 of section 2807-c of the public health law, such
   39  trend factor shall be the final US Consumer Price Index  (CPI)  for  all
   40  urban  consumers,  as published by the US Department of Labor, Bureau of
   41  Labor Statistics less twenty-five hundredths of a percentage point.
   42    S 11. Paragraph (f) of subdivision 1 of section 64 of  chapter  81  of
   43  the laws of 1995, amending the public health law and other laws relating
   44  to medical reimbursement and welfare reform, as amended by section 26 of
   45  part B of chapter 58 of the laws of 2009, is amended to read as follows:
   46    (f)  Prior  to  February  1, 2001, February 1, 2002, February 1, 2003,
   47  February 1, 2004, February 1, 2005, February 1, 2006, February 1,  2007,
   48  February  1, 2008, February 1, 2009, February 1, 2010, [and] February 1,
   49  2011, FEBRUARY 1, 2012, AND FEBRUARY 1, 2013 the commissioner of  health
   50  shall  calculate the result of the statewide total of residential health
   51  care facility days of care provided to beneficiaries of title  XVIII  of
   52  the  federal  social security act (medicare), divided by the sum of such
   53  days of care plus days  of  care  provided  to  residents  eligible  for
   54  payments  pursuant  to  title 11 of article 5 of the social services law
   55  minus the number of days provided to residents receiving  hospice  care,
   56  expressed  as a percentage, for the period commencing January 1, through
       S. 2809                            100                           A. 4009
    1  November 30, of the prior year respectively, based on such data for such
    2  period. This value shall be called the 2000,  2001,  2002,  2003,  2004,
    3  2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide
    4  target percentage respectively.
    5    S  12.  Subparagraph (ii) of paragraph (b) of subdivision 3 of section
    6  64 of chapter 81 of the laws of 1995, amending the public health law and
    7  other laws relating to medical  reimbursement  and  welfare  reform,  as
    8  amended  by  section  27 of part B of chapter 58 of the laws of 2009, is
    9  amended to read as follows:
   10    (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
   11  2007,  2008,  2009,  2010  [and],  2011, 2012, AND 2013 statewide target
   12  percentages are not for each year at least three percentage points high-
   13  er than the statewide base percentage, the commissioner of health  shall
   14  determine  the  percentage  by which the statewide target percentage for
   15  each year is not at least three percentage points higher than the state-
   16  wide base percentage. The percentage calculated pursuant to  this  para-
   17  graph  shall  be  called  the  1997, 1998, 2000, 2001, 2002, 2003, 2004,
   18  2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide
   19  reduction percentage respectively. If the 1997, 1998, 2000, 2001,  2002,
   20  2003,  2004,  2005,  2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND
   21  2013 statewide target percentage for the respective  year  is  at  least
   22  three  percentage  points higher than the statewide base percentage, the
   23  statewide reduction percentage for the respective year shall be zero.
   24    S 13.  Subparagraph (iii) of paragraph (b) of subdivision 4 of section
   25  64 of chapter 81 of the laws of 1995, amending the public health law and
   26  other laws relating to medical  reimbursement  and  welfare  reform,  as
   27  amended  by  section  28 of part B of chapter 58 of the laws of 2009, is
   28  amended to read as follows:
   29    (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
   30  2009,  2010  [and],  2011, 2012, AND 2013 statewide reduction percentage
   31  shall be multiplied by one hundred two million dollars  respectively  to
   32  determine  the  1998,  2000,  2001,  2002, 2003, 2004, 2005, 2006, 2007,
   33  2008, 2009,  2010  [and],  2011,  2012,  AND  2013  statewide  aggregate
   34  reduction  amount.  If  the  1998  and the 2000, 2001, 2002, 2003, 2004,
   35  2005, 2006, 2007, 2008, 2009, 2010 [and], 2011, 2012, AND 2013 statewide
   36  reduction percentage shall be zero respectively, there shall be no 1998,
   37  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010  [and],
   38  2011, 2012, AND 2013 reduction amount.
   39    S  14.  Paragraph  (b) of subdivision 5 of section 64 of chapter 81 of
   40  the laws of 1995, amending the public health law and other laws relating
   41  to medical reimbursement and welfare reform, as amended by section 29 of
   42  part B of chapter 58 of the laws of 2009, is amended to read as follows:
   43    (b) The 1996, 1997, 1998, 1999, 2000, 2001, 2002,  2003,  2004,  2005,
   44  2006,  2007,  2008,  2009,  2010  [and],  2011, 2012, AND 2013 statewide
   45  aggregate reduction amounts shall for each  year  be  allocated  by  the
   46  commissioner of health among residential health care facilities that are
   47  eligible  to  provide  services  to  beneficiaries of title XVIII of the
   48  federal social  security  act  (medicare)  and  residents  eligible  for
   49  payments pursuant to title 11 of article 5 of the social services law on
   50  the  basis  of  the  extent  of each facility's failure to achieve a two
   51  percentage points increase  in  the  1996  target  percentage,  a  three
   52  percentage  point  increase  in  the 1997, 1998, 2000, 2001, 2002, 2003,
   53  2004, 2005, 2006, 2007, 2008, 2009, 2010 [and],  2011,  2012,  AND  2013
   54  target percentage and a two and one-quarter percentage point increase in
   55  the  1999 target percentage for each year, compared to the base percent-
   56  age, calculated on a facility specific basis for this purpose,  compared
       S. 2809                            101                           A. 4009
    1  to  the  statewide  total  of  the  extent of each facility's failure to
    2  achieve a two percentage  points  increase  in  the  1996  and  a  three
    3  percentage  point  increase  in  the  1997  and a three percentage point
    4  increase in the 1998 and a two and one-quarter percentage point increase
    5  in  the  1999 target percentage and a three percentage point increase in
    6  the 2000, 2001, 2002, 2003, 2004, 2005, 2006,  2007,  2008,  2009,  2010
    7  [and],  2011,  2012,  AND  2013  target  percentage compared to the base
    8  percentage. These amounts shall be called the 1996,  1997,  1998,  1999,
    9  2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and],
   10  2011, 2012, AND 2013 facility specific reduction amounts respectively.
   11    S 14-a. Section 228 of chapter 474 of the laws of 1996,  amending  the
   12  education  law  and  other laws relating to rates for residential health
   13  care facilities, as amended by section 30 of part B of chapter 58 of the
   14  laws of 2009, is amended to read as follows:
   15    S 228. 1. Definitions. (a) Regions,  for  purposes  of  this  section,
   16  shall  mean  a downstate region to consist of Kings, New York, Richmond,
   17  Queens, Bronx, Nassau and Suffolk counties  and  an  upstate  region  to
   18  consist  of  all  other New York state counties. A certified home health
   19  agency or long term home health care program shall  be  located  in  the
   20  same county utilized by the commissioner of health for the establishment
   21  of rates pursuant to article 36 of the public health law.
   22    (b)  Certified  home  health  agency  (CHHA)  shall  mean such term as
   23  defined in section 3602 of the public health law.
   24    (c) Long term home health care program (LTHHCP) shall mean  such  term
   25  as defined in subdivision 8 of section 3602 of the public health law.
   26    (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
   27  ly, located within a region.
   28    (e)  Medicaid  revenue percentage, for purposes of this section, shall
   29  mean CHHA and LTHHCP  revenues  attributable  to  services  provided  to
   30  persons  eligible  for payments pursuant to title 11 of article 5 of the
   31  social services law divided by such revenues plus CHHA and LTHHCP reven-
   32  ues attributable to services provided to beneficiaries of Title XVIII of
   33  the federal social security act (medicare).
   34    (f) Base period, for purposes of this  section,  shall  mean  calendar
   35  year 1995.
   36    (g) Target period. For purposes of this section, the 1996 target peri-
   37  od  shall  mean  August  1, 1996 through March 31, 1997, the 1997 target
   38  period shall mean January 1, 1997 through November 30,  1997,  the  1998
   39  target  period shall mean January 1, 1998 through November 30, 1998, the
   40  1999 target period shall mean January 1, 1999 through November 30, 1999,
   41  the 2000 target period shall mean January 1, 2000 through  November  30,
   42  2000, the 2001 target period shall mean January 1, 2001 through November
   43  30,  2001,  the  2002  target  period shall mean January 1, 2002 through
   44  November 30, 2002, the 2003 target period shall  mean  January  1,  2003
   45  through  November 30, 2003, the 2004 target period shall mean January 1,
   46  2004 through November 30, 2004, and the 2005 target  period  shall  mean
   47  January  1, 2005 through November 30, 2005, the 2006 target period shall
   48  mean January 1, 2006 through November 30,  2006,  and  the  2007  target
   49  period shall mean January 1, 2007 through November 30, 2007 and the 2008
   50  target  period shall mean January 1, 2008 through November 30, 2008, and
   51  the 2009 target period shall mean January 1, 2009 through  November  30,
   52  2009  and  the  2010  target  period  shall mean January 1, 2010 through
   53  November 30, 2010 and the 2011 target period shall mean January 1,  2011
   54  through  November 30, 2011 AND THE 2012 TARGET PERIOD SHALL MEAN JANUARY
   55  1, 2012 THROUGH NOVEMBER 30, 2012 AND THE 2013 TARGET PERIOD SHALL  MEAN
   56  JANUARY 1, 2013 THROUGH NOVEMBER 30, 2013.
       S. 2809                            102                           A. 4009
    1    2.  (a) Prior to February 1, 1997, for each regional group the commis-
    2  sioner of health shall calculate the 1996 medicaid  revenue  percentages
    3  for the period commencing August 1, 1996 to the last date for which such
    4  data is available and reasonably accurate.
    5    (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
    6  February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
    7  prior  to February 1, 2003, prior to February 1, 2004, prior to February
    8  1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
    9  February  1,  2008, prior to February 1, 2009, prior to February 1, 2010
   10  [and], prior to February 1, 2011, PRIOR TO FEBRUARY 1, 2012 AND PRIOR TO
   11  FEBRUARY 1, 2013 for each regional  group  the  commissioner  of  health
   12  shall  calculate  the  prior year's medicaid revenue percentages for the
   13  period commencing January 1 through November 30 of such prior year.
   14    3. By September 15, 1996, for each regional group the commissioner  of
   15  health shall calculate the base period medicaid revenue percentage.
   16    4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
   17  percentage shall be calculated by subtracting the 1996 medicaid  revenue
   18  reduction percentages from the base period medicaid revenue percentages.
   19  The  1996  medicaid  revenue  reduction  percentage, taking into account
   20  regional and program differences in utilization of medicaid and medicare
   21  services, for the following regional groups shall be equal to:
   22    (i) one and one-tenth percentage points for CHHAs located  within  the
   23  downstate region;
   24    (ii)  six-tenths  of one percentage point for CHHAs located within the
   25  upstate region;
   26    (iii) one and eight-tenths percentage points for LTHHCPs located with-
   27  in the downstate region; and
   28    (iv) one and seven-tenths percentage points for LTHHCPs located within
   29  the upstate region.
   30    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
   31  2008,  2009,  2010  [and], 2011, 2012, AND 2013 for each regional group,
   32  the target medicaid revenue percentage for the respective year shall  be
   33  calculated   by  subtracting  the  respective  year's  medicaid  revenue
   34  reduction percentage from the base period medicaid  revenue  percentage.
   35  The  medicaid  revenue reduction percentages for 1997, 1998, 2000, 2001,
   36  2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 [and], 2011,  2012,
   37  AND  2013 taking into account regional and program differences in utili-
   38  zation of medicaid and medicare services,  for  the  following  regional
   39  groups shall be equal to for each such year:
   40    (i)  one  and one-tenth percentage points for CHHAs located within the
   41  downstate region;
   42    (ii) six-tenths of one percentage point for CHHAs located  within  the
   43  upstate region;
   44    (iii) one and eight-tenths percentage points for LTHHCPs located with-
   45  in the downstate region; and
   46    (iv) one and seven-tenths percentage points for LTHHCPs located within
   47  the upstate region.
   48    (c) For each regional group, the 1999 target medicaid revenue percent-
   49  age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
   50  reduction percentage from the base period medicaid  revenue  percentage.
   51  The  1999  medicaid  revenue  reduction percentages, taking into account
   52  regional and program differences in utilization of medicaid and medicare
   53  services, for the following regional groups shall be equal to:
   54    (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
   55  point for CHHAs located within the downstate region;
       S. 2809                            103                           A. 4009
    1    (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
    2  located within the upstate region;
    3    (iii)  one  and  thirty-five  hundredths  percentage points (1.35) for
    4  LTHHCPs located within the downstate region; and
    5    (iv) one and two hundred seventy-five  thousandths  percentage  points
    6  (1.275) for LTHHCPs located within the upstate region.
    7    5.  (a) For each regional group, if the 1996 medicaid revenue percent-
    8  age is not equal to or  less  than  the  1996  target  medicaid  revenue
    9  percentage,  the  commissioner of health shall compare the 1996 medicaid
   10  revenue percentage to the 1996 target  medicaid  revenue  percentage  to
   11  determine  the  amount  of the shortfall which, when divided by the 1996
   12  medicaid  revenue  reduction  percentage,  shall  be  called  the   1996
   13  reduction  factor.  These  amounts, expressed as a percentage, shall not
   14  exceed one hundred percent. If the 1996 medicaid revenue  percentage  is
   15  equal  to  or less than the 1996 target medicaid revenue percentage, the
   16  1996 reduction factor shall be zero.
   17    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
   18  2007,  2008,  2009,  2010  [and], 2011, 2012, AND 2013 for each regional
   19  group, if the medicaid revenue percentage for the respective year is not
   20  equal to or less than the target medicaid revenue  percentage  for  such
   21  respective  year,  the commissioner of health shall compare such respec-
   22  tive year's medicaid revenue percentage to such respective year's target
   23  medicaid revenue percentage to determine the  amount  of  the  shortfall
   24  which,  when divided by the respective year's medicaid revenue reduction
   25  percentage, shall be called the reduction  factor  for  such  respective
   26  year.  These  amounts,  expressed  as a percentage, shall not exceed one
   27  hundred percent. If the medicaid revenue  percentage  for  a  particular
   28  year is equal to or less than the target medicaid revenue percentage for
   29  that year, the reduction factor for that year shall be zero.
   30    6.  (a)  For  each  regional group, the 1996 reduction factor shall be
   31  multiplied by the following amounts to determine each  regional  group's
   32  applicable 1996 state share reduction amount:
   33    (i) two million three hundred ninety thousand dollars ($2,390,000) for
   34  CHHAs located within the downstate region;
   35    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
   36  within the upstate region;
   37    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
   38  for LTHHCPs located within the downstate region; and
   39    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
   40  located within the upstate region.
   41    For  each regional group reduction, if the 1996 reduction factor shall
   42  be zero, there shall be no 1996 state share reduction amount.
   43    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
   44  2008,  2009,  2010  [and], 2011, 2012, AND 2013 for each regional group,
   45  the reduction factor for the respective year shall be multiplied by  the
   46  following  amounts  to  determine each regional group's applicable state
   47  share reduction amount for such respective year:
   48    (i) two million three hundred ninety thousand dollars ($2,390,000) for
   49  CHHAs located within the downstate region;
   50    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
   51  within the upstate region;
   52    (iii) one million two hundred seventy  thousand  dollars  ($1,270,000)
   53  for LTHHCPs located within the downstate region; and
   54    (iv)  five  hundred  ninety  thousand  dollars  ($590,000) for LTHHCPs
   55  located within the upstate region.
       S. 2809                            104                           A. 4009
    1    For each regional group reduction,  if  the  reduction  factor  for  a
    2  particular  year  shall be zero, there shall be no state share reduction
    3  amount for such year.
    4    (c) For each regional group, the 1999 reduction factor shall be multi-
    5  plied by the following amounts to determine each regional group's appli-
    6  cable 1999 state share reduction amount:
    7    (i) one million seven hundred ninety-two thousand five hundred dollars
    8  ($1,792,500) for CHHAs located within the downstate region;
    9    (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
   10  for CHHAs located within the upstate region;
   11    (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
   12  for LTHHCPs located within the downstate region; and
   13    (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
   14  for LTHHCPs located within the upstate region.
   15    For each regional group reduction, if the 1999 reduction factor  shall
   16  be zero, there shall be no 1999 state share reduction amount.
   17    7.  (a) For each regional group, the 1996 state share reduction amount
   18  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
   19  on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
   20  achieve  the  1996  target  medicaid revenue percentage, calculated on a
   21  provider specific basis utilizing revenues for this  purpose,  expressed
   22  as  a  proportion  of  the  total of each CHHA's and LTHHCP's failure to
   23  achieve the 1996 target medicaid revenue percentage within the  applica-
   24  ble  regional group. This proportion shall be multiplied by the applica-
   25  ble 1996 state share reduction amount calculation pursuant to  paragraph
   26  (a)  of  subdivision  6 of this section. This amount shall be called the
   27  1996 provider specific state share reduction amount.
   28    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
   29  2007,  2008,  2009,  2010  [and], 2011, 2012, AND 2013 for each regional
   30  group, the state share reduction amount for the respective year shall be
   31  allocated by the commissioner of health among CHHAs and LTHHCPs  on  the
   32  basis  of  the extent of each CHHA's and LTHHCP's failure to achieve the
   33  target medicaid revenue percentage for the applicable  year,  calculated
   34  on  a  provider  specific  basis  utilizing  revenues  for this purpose,
   35  expressed as a proportion of the total of each CHHA's and LTHHCP's fail-
   36  ure to achieve the target medicaid revenue percentage for the applicable
   37  year within the applicable regional  group.  This  proportion  shall  be
   38  multiplied  by the applicable year's state share reduction amount calcu-
   39  lation pursuant to paragraph  (b)  or  (c)  of  subdivision  6  of  this
   40  section.  This  amount shall be called the provider specific state share
   41  reduction amount for the applicable year.
   42    8. (a) The 1996 provider specific state share reduction  amount  shall
   43  be due to the state from each CHHA and LTHHCP and may be recouped by the
   44  state  by  March  31, 1997 in a lump sum amount or amounts from payments
   45  due to the CHHA and LTHHCP pursuant to title 11  of  article  5  of  the
   46  social services law.
   47    (b) The provider specific state share reduction amount for 1997, 1998,
   48  1999,  2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010
   49  [and], 2011, 2012, AND 2013 respectively, shall be due to the state from
   50  each CHHA and LTHHCP and each year the amount due for such year  may  be
   51  recouped  by  the  state by March 31 of the following year in a lump sum
   52  amount or amounts from payments due to the CHHA and LTHHCP  pursuant  to
   53  title 11 of article 5 of the social services law.
   54    9.  CHHAs  and  LTHHCPs shall submit such data and information at such
   55  times as the commissioner of health may require  for  purposes  of  this
       S. 2809                            105                           A. 4009
    1  section.  The  commissioner of health may use data available from third-
    2  party payors.
    3    10. On or about June 1, 1997, for each regional group the commissioner
    4  of  health  shall  calculate for the period August 1, 1996 through March
    5  31, 1997 a medicaid revenue percentage,  a  reduction  factor,  a  state
    6  share  reduction  amount,  and a provider specific state share reduction
    7  amount in accordance with the methodology provided in paragraph  (a)  of
    8  subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
    9  sion  6 and paragraph (a) of subdivision 7 of this section. The provider
   10  specific state share reduction amount calculated in accordance with this
   11  subdivision shall be compared to the 1996 provider specific state  share
   12  reduction amount calculated in accordance with paragraph (a) of subdivi-
   13  sion 7 of this section. Any amount in excess of the amount determined in
   14  accordance  with paragraph (a) of subdivision 7 of this section shall be
   15  due to the state from each CHHA  and  LTHHCP  and  may  be  recouped  in
   16  accordance  with  paragraph (a) of subdivision 8 of this section. If the
   17  amount is less than the amount determined in accordance  with  paragraph
   18  (a)  of  subdivision 7 of this section, the difference shall be refunded
   19  to the CHHA and LTHHCP by the state no later than July 15,  1997.  CHHAs
   20  and  LTHHCPs  shall  submit  data  for the period August 1, 1996 through
   21  March 31, 1997 to the commissioner of health by April 15, 1997.
   22    11. If a CHHA or LTHHCP  fails  to  submit  data  and  information  as
   23  required for purposes of this section:
   24    (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
   25  caid  revenue  percentage  between  the  applicable  base period and the
   26  applicable target period for purposes of the  calculations  pursuant  to
   27  this section; and
   28    (b)  the  commissioner of health shall reduce the current rate paid to
   29  such CHHA and such LTHHCP by state  governmental  agencies  pursuant  to
   30  article  36  of the public health law by one percent for a period begin-
   31  ning on the first day of the calendar month following the applicable due
   32  date as established by the commissioner of health and  continuing  until
   33  the last day of the calendar month in which the required data and infor-
   34  mation are submitted.
   35    12. The commissioner of health shall inform in writing the director of
   36  the  budget  and the chair of the senate finance committee and the chair
   37  of the assembly ways and means committee of the results  of  the  calcu-
   38  lations pursuant to this section.
   39    S  15.  Subdivision  5-a  of  section 246 of chapter 81 of the laws of
   40  1995, amending the public health law and other laws relating to  medical
   41  reimbursement  and welfare reform, as amended by section 32 of part B of
   42  chapter 58 of the laws of 2009, is amended to read as follows:
   43    5-a. Section sixty-four-a of this act shall be deemed to have been  in
   44  full  force and effect on and after April 1, 1995 through March 31, 1999
   45  and on and after July 1, 1999 through March 31, 2000 and  on  and  after
   46  April  1,  2000  through  March  31, 2003 and on and after April 1, 2003
   47  through March 31, 2007, and on and after April 1, 2007 through March 31,
   48  2009, and on and after April 1, 2009 through March 31, 2011, AND ON  AND
   49  AFTER APRIL 1, 2011;
   50    S  16.  Section  64-b  of chapter 81 of the laws of 1995, amending the
   51  public health law and other laws relating to medical  reimbursement  and
   52  welfare  reform, as amended by section 33 of part B of chapter 58 of the
   53  laws of 2009, is amended to read as follows:
   54    S  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
   55  provisions of subdivision 7 of section 3614 of the public health law, as
   56  amended,  shall  remain and be in full force and effect on April 1, 1995
       S. 2809                            106                           A. 4009
    1  through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
    2  and after April 1, 2000 through March 31, 2003 and on and after April 1,
    3  2003 through March 31, 2007, and on and  after  April  1,  2007  through
    4  March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
    5  AND ON AND AFTER APRIL 1, 2011.
    6    S 17. Subdivision 1 of section 20 of chapter 451 of the laws of  2007,
    7  amending  the  public health law, the social services law and the insur-
    8  ance  law,  relating  to  providing  enhanced  consumer   and   provider
    9  protections,  as  amended  by  section 38 of part B of chapter 58 of the
   10  laws of 2009, is amended to read as follows:
   11    1. sections four, eleven and thirteen  of this act shall  take  effect
   12  immediately  and  shall  expire  and  be deemed repealed June 30, [2011]
   13  2013;
   14    S 18. The opening paragraph of subdivision 7-a of section 3614 of  the
   15  public  health  law, as amended by section 46 of part B of chapter 58 of
   16  the laws of 2009, is amended to read as follows:
   17    Notwithstanding any inconsistent provision of law or  regulation,  for
   18  the  purposes  of establishing rates of payment by governmental agencies
   19  for long term home health care programs for the period April first,  two
   20  thousand five, through December thirty-first, two thousand five, and for
   21  the  period  January first, two thousand six through March thirty-first,
   22  two thousand seven, and on and after April  first,  two  thousand  seven
   23  through  March  thirty-first,  two thousand nine, and on and after April
   24  first, two thousand nine through March thirty-first, two thousand  elev-
   25  en,  AND ON AND AFTER APRIL FIRST, TWO THOUSAND ELEVEN, the reimbursable
   26  base year administrative and general costs of  a  provider  of  services
   27  shall  not  exceed the statewide average of total reimbursable base year
   28  administrative and general costs of such providers of services.
   29    S 19. Subdivisions 3, 4 and 5 of section 47 of chapter 2 of  the  laws
   30  of  1998,  amending  the  public  health  law and other laws relating to
   31  expanding the child health insurance plan, as amended by section  24  of
   32  part  A  of  chapter  58  of  the  laws  of 2007, are amended to read as
   33  follows:
   34    3. section six  of  this  act  shall  take  effect  January  1,  1999;
   35  [provided, however, that subparagraph (iii) of paragraph (c) of subdivi-
   36  sion  9  of section 2510 of the public health law, as added by this act,
   37  shall expire on July 1, 2011;]
   38    4. sections two, three, four, seven, eight, nine,  fourteen,  fifteen,
   39  sixteen,  eighteen,  eighteen-a,  twenty-three, twenty-four, and twenty-
   40  nine of this act shall take effect January 1, 1999 [and shall expire  on
   41  July  1,  2011];  section  twenty-five  of this act shall take effect on
   42  January 1, 1999 and shall expire on April 1, 2005;
   43    5. section twelve of this act  shall  take  effect  January  1,  1999;
   44  [provided,  however,  paragraphs (g) and (h) of subdivision 2 of section
   45  2511 of the public health law, as added by such section, shall expire on
   46  July 1, 2011;]
   47    S 20. Section 10 of chapter 649 of the  laws  of  1996,  amending  the
   48  public  health  law,  the mental hygiene law and the social services law
   49  relating to authorizing the establishment of  special  needs  plans,  as
   50  amended  by  section  63 of part C of chapter 58 of the laws of 2008, is
   51  amended to read as follows:
   52    S 10. This act shall take effect immediately and shall  be  deemed  to
   53  have been in full force and effect on and after July 1, 1996; [provided,
   54  however,  that  sections one, two and three of this act shall expire and
   55  be deemed repealed on March 31, 2012] provided, however that the  amend-
   56  ments  to  section 364-j of the social services law made by section four
       S. 2809                            107                           A. 4009
    1  of this act shall not affect the expiration of such section and shall be
    2  deemed to expire therewith and provided, further, that the provisions of
    3  subdivisions 8, 9 and 10 of section 4401 of the public  health  law,  as
    4  added  by  section  one of this act; section 4403-d of the public health
    5  law as added by section two of this act and the  provisions  of  section
    6  seven  of this act, except for the provisions relating to the establish-
    7  ment of no more than twelve comprehensive HIV special needs plans, shall
    8  expire and be deemed repealed on July 1, 2000.
    9    S 21. Subdivision (i-1) of section 79 of part C of chapter 58  of  the
   10  laws of 2008, amending the social services law and the public health law
   11  relating to adjustments of rates, is amended to read as follows:
   12    (i-1)  section  thirty-one-a of this act shall be deemed repealed July
   13  1, [2011] 2014;
   14    S 22. Section 2 of chapter 535 of  the  laws  of  1983,  amending  the
   15  social  services  law  relating  to eligibility of certain enrollees for
   16  medical assistance, as amended by section 69 of part C of chapter 58  of
   17  the laws of 2008, is amended to read as follows:
   18    S  2. This act shall take effect immediately [and shall remain in full
   19  force and effect through March 31, 2012].
   20    S 23. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
   21  amending the public health  law  and  other  laws  relating  to  medical
   22  reimbursement  and welfare reform, as amended by section 56 of part C of
   23  chapter 58 of the laws of 2008, is amended to read as follows:
   24    12. Sections one hundred five-b through one hundred five-f of this act
   25  shall expire March 31, [2011] 2013.
   26    S 24. Section 4 of chapter 19 of the laws of 1998, amending the social
   27  services law relating to limiting the method of payment for prescription
   28  drugs under the medical assistance program, as amended by section 68  of
   29  part C of chapter 58 of the laws of 2008, is amended to read as follows:
   30    S  4. This act shall take effect 120 days after it shall have become a
   31  law and shall expire and be deemed repealed March 31, [2012] 2014.
   32    S 25. Section 11 of chapter 710 of the  laws  of  1988,  amending  the
   33  social services law and the education law relating to medical assistance
   34  eligibility  of  certain  persons and providing for managed medical care
   35  demonstration programs, as amended by section 66 of part C of chapter 58
   36  of the laws of 2008, is amended to read as follows:
   37    S 11.  This  act  shall  take  effect  immediately;  except  that  the
   38  provisions  of sections one, two, three, four, eight and ten of this act
   39  shall take effect on the ninetieth day after it shall have become a law;
   40  and except that the provisions of sections five, six and seven  of  this
   41  act  shall  take effect January 1, 1989; and except that effective imme-
   42  diately, the addition, amendment and/or repeal of any rule or regulation
   43  necessary for the implementation of this act on its effective  date  are
   44  authorized  and  directed  to  be  made  and completed on or before such
   45  effective date; provided, however, that [the provisions of section 364-j
   46  of the social services law, as added by section one of  this  act  shall
   47  expire  and  be  deemed  repealed  on  and  after  March  31, 2012,] the
   48  provisions of section 364-k of the social  services  law,  as  added  by
   49  section  two  of  this act, except subdivision 10 of such section, shall
   50  expire and be deemed repealed on and after  January  1,  1994,  and  the
   51  provisions  of  subdivision  10  of section 364-k of the social services
   52  law, as added by section two of this act, shall  expire  and  be  deemed
   53  repealed on January 1, 1995.
   54    S  26.  Subdivision  (c)  of  section 62 of chapter 165 of the laws of
   55  1991, amending the public health law and other laws relating  to  estab-
       S. 2809                            108                           A. 4009
    1  lishing  payments  for  medical  assistance, as amended by section 67 of
    2  part C of chapter 58 of the laws of 2008, is amended to read as follows:
    3    (c)  [section  364-j of the social services law, as amended by section
    4  eight of this act and subdivision 6  of  section  367-a  of  the  social
    5  services  law as added by section twelve of this act shall expire and be
    6  deemed repealed on March 31, 2012 and provided further, that] the amend-
    7  ments to the provisions of section 364-j of the social services law MADE
    8  BY SECTION EIGHT OF THIS ACT shall only apply to managed  care  programs
    9  approved on or after the effective date of this act;
   10    S  26-a.  Subdivision  (x) of section 165 of chapter 41 of the laws of
   11  1992, amending the public health law and other laws relating  to  health
   12  care providers, is REPEALED.
   13    S 27. Notwithstanding any inconsistent provision of law, rule or regu-
   14  lation, for purposes of implementing the provisions of the public health
   15  law and the social services law, references to titles XIX and XXI of the
   16  federal  social  security  act  in  the public health law and the social
   17  services law shall be deemed to include and also to mean  any  successor
   18  titles thereto under the federal social security act.
   19    S 28. Notwithstanding any inconsistent provision of law, rule or regu-
   20  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   21  the  public health law, section 18 of chapter 2 of the laws of 1988, and
   22  18 NYCRR 505.14(h), as they relate to time frames for  notice,  approval
   23  or  certification  of rates of payment, are hereby suspended and without
   24  force or effect for purposes of implementing the provisions of this act.
   25    S 29. Severability clause. If any clause, sentence, paragraph,  subdi-
   26  vision,  section  or  part of this act shall be adjudged by any court of
   27  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   28  impair or invalidate the remainder thereof, but shall be confined in its
   29  operation  to  the  clause, sentence, paragraph, subdivision, section or
   30  part thereof directly involved in the controversy in which  such  judge-
   31  ment shall have been rendered. It is hereby declared to be the intent of
   32  the  legislature  that  this  act  would  have been enacted even if such
   33  invalid provisions had not been included herein.
   34    S 30. This act shall take effect immediately and shall  be  deemed  to
   35  have been in full force and effect on and after April 1, 2011.
   36                                   PART E
   37    Section 1. Section 366 of the social services law is amended by adding
   38  a new subdivision 1-b to read as follows:
   39    1-B.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, IN THE EVENT THAT A
   40  PERSON WHO IS AN INPATIENT IN AN INSTITUTION  FOR  MENTAL  DISEASES,  AS
   41  DEFINED  BY  FEDERAL  LAW  AND  REGULATIONS,  AND  WHO WAS IN RECEIPT OF
   42  MEDICAL ASSISTANCE PURSUANT TO THIS TITLE  IMMEDIATELY  PRIOR  TO  BEING
   43  ADMITTED TO SUCH FACILITY, OR WHO WAS DIRECTLY ADMITTED TO SUCH FACILITY
   44  AFTER  BEING AN INPATIENT IN ANOTHER INSTITUTION FOR MENTAL DISEASES AND
   45  WHO WAS IN RECEIPT OF MEDICAL ASSISTANCE  PRIOR  TO  ADMISSION  TO  SUCH
   46  TRANSFERRING  INSTITUTION, SUCH PERSON SHALL REMAIN ELIGIBLE FOR MEDICAL
   47  ASSISTANCE WHILE AN INPATIENT IN SUCH FACILITY; PROVIDED, HOWEVER,  THAT
   48  NO  MEDICAL ASSISTANCE SHALL BE FURNISHED PURSUANT TO THIS TITLE FOR ANY
   49  CARE, SERVICES, OR SUPPLIES PROVIDED DURING THE TIME THAT SUCH PERSON IS
   50  AN INPATIENT, EXCEPT TO THE EXTENT THAT FEDERAL FINANCIAL  PARTICIPATION
   51  IS  AVAILABLE  FOR  THE  COSTS OF SUCH CARE, SERVICES, OR SUPPLIES. UPON
   52  RELEASE FROM SUCH FACILITY, SUCH PERSON SHALL CONTINUE  TO  BE  ELIGIBLE
   53  FOR RECEIPT OF MEDICAL ASSISTANCE FURNISHED PURSUANT TO THIS TITLE UNTIL
   54  SUCH  TIME  AS  THE  PERSON  IS  DETERMINED TO NO LONGER BE ELIGIBLE FOR
       S. 2809                            109                           A. 4009
    1  RECEIPT OF SUCH ASSISTANCE. TO THE EXTENT PERMITTED BY FEDERAL LAW,  THE
    2  TIME  DURING  WHICH  SUCH  PERSON  IS AN INPATIENT IN AN INSTITUTION FOR
    3  MENTAL DISEASES SHALL NOT BE INCLUDED IN ANY  CALCULATION  OF  WHEN  THE
    4  PERSON  MUST  RECERTIFY HIS OR HER ELIGIBILITY FOR MEDICAL ASSISTANCE IN
    5  ACCORDANCE WITH THIS ARTICLE.
    6    S 2. Paragraph (c) of subdivision 1  of  section  366  of  the  social
    7  services  law, as amended by chapter 355 of the laws of 2007, is amended
    8  to read as follows:
    9    (c) except as provided in subparagraph six of paragraph  (a)  of  this
   10  subdivision  or  subdivision one-a OR SUBDIVISION ONE-B of this section,
   11  is not an inmate or  patient  in  an  institution  or  facility  wherein
   12  medical  assistance  for needy persons may not be provided in accordance
   13  with applicable federal or state requirements; and
   14    S 3. This act shall take effect  April  1,  2011;  provided  that  all
   15  actions  necessary  for the timely implementation of this act, including
   16  revisions to  information,  eligibility  and  benefit  computer  systems
   17  utilized by social services districts and administered by the department
   18  of  health of the state of New York, shall be taken prior to such effec-
   19  tive date so that the provisions of this act may be implemented on  such
   20  date.
   21                                   PART F
   22    Section  1. Subdivisions 3-b and 3-c of section 1 of part C of chapter
   23  57 of the laws of 2006,  relating  to  establishing  a  cost  of  living
   24  adjustment for designated human services programs, as amended by section
   25  1  of  part F of chapter 111 of the laws of 2010, are amended to read as
   26  follows:
   27    3-b. Notwithstanding any  inconsistent  provision  of  law,  beginning
   28  April  1, 2009 and ending March 31, [2011] 2012, the commissioners shall
   29  not include a COLA for the purpose of establishing  rates  of  payments,
   30  contracts or any other form of reimbursement.
   31    3-c.  Notwithstanding  any  inconsistent  provision  of law, beginning
   32  April 1, [2011] 2012 and ending March 31, [2014] 2015, the commissioners
   33  shall develop the COLA under this section using the actual U.S. consumer
   34  price index for all urban consumers  (CPI-U)  published  by  the  United
   35  States  department  of  labor, bureau of labor statistics for the twelve
   36  month period ending in July of the  budget  year  prior  to  such  state
   37  fiscal  year,  for  the  purpose  of  establishing  rates  of  payments,
   38  contracts or any other form of reimbursement.
   39    S 2. Section 4 of part C of chapter 57 of the laws of  2006,  relating
   40  to  establishing  a  cost  of  living  adjustment  for  designated human
   41  services programs, as amended by section 2 of part F of chapter  111  of
   42  the laws of 2010, is amended to read as follows:
   43    S  4.  This  act  shall take effect immediately and shall be deemed to
   44  have been in full force and effect on and after April 1, 2006;  provided
   45  section  one  of  this  act shall expire and be deemed repealed April 1,
   46  [2014] 2015; provided, further, that sections two and three of this  act
   47  shall expire and be deemed repealed December 31, 2009.
   48    S  3.  This  act  shall take effect immediately and shall be deemed to
   49  have been in full force and effect on and after April 1, 2011; provided,
   50  however, that the amendments to section 1 of part C of chapter 57 of the
   51  laws of 2006 made by section one of this act shall not affect the repeal
   52  of such section and shall be deemed repealed therewith.
   53                                   PART G
       S. 2809                            110                           A. 4009
    1    Section 1. Subdivision (b) of section 7.17 of the mental hygiene  law,
    2  as  amended by section 1 of part J of chapter 58 of the laws of 2005, is
    3  amended to read as follows:
    4    (b)  There  shall  be  in the office the hospitals named below for the
    5  care, treatment and rehabilitation of [the  mentally  disabled]  PERSONS
    6  WITH  MENTAL  ILLNESS  and  for research and teaching in the science and
    7  skills required for the  care,  treatment  and  rehabilitation  of  such
    8  [mentally disabled] PERSONS WITH MENTAL ILLNESS.
    9    Greater Binghamton Health Center
   10    Bronx Psychiatric Center
   11    Buffalo Psychiatric Center
   12    Capital District Psychiatric Center
   13    Central New York Psychiatric Center
   14    Creedmoor Psychiatric Center
   15    Elmira Psychiatric Center
   16    Hudson River Psychiatric Center
   17    Kingsboro Psychiatric Center
   18    Kirby Forensic Psychiatric Center
   19    Manhattan Psychiatric Center
   20    Mid-Hudson Forensic Psychiatric Center
   21    Mohawk Valley Psychiatric Center
   22    Nathan S. Kline Institute for Psychiatric Research
   23    New York State Psychiatric Institute
   24    Pilgrim Psychiatric Center
   25    Richard H. Hutchings Psychiatric Center
   26    Rochester Psychiatric Center
   27    Rockland Psychiatric Center
   28    St. Lawrence Psychiatric Center
   29    South Beach Psychiatric Center
   30    Bronx Children's Psychiatric Center
   31    Brooklyn Children's [Psychiatric] Center
   32    Queens Children's Psychiatric Center
   33    Rockland Children's Psychiatric Center
   34    Sagamore Children's Psychiatric Center
   35    Western New York Children's Psychiatric Center
   36    The  New  York  State  Psychiatric  Institute  and The Nathan S. Kline
   37  Institute for Psychiatric Research are designated as institutes for  the
   38  conduct  of medical research and other scientific investigation directed
   39  towards furthering knowledge of the etiology, diagnosis,  treatment  and
   40  prevention  of  mental  illness.    THE  BROOKLYN CHILDREN'S CENTER IS A
   41  FACILITY OPERATED BY THE OFFICE TO PROVIDE COMMUNITY-BASED MENTAL HEALTH
   42  SERVICES FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES.
   43    S 2. Subdivision (e) of section 7.17 of  the  mental  hygiene  law  is
   44  REPEALED and subdivision (f) is relettered subdivision (e).
   45    S  3. (a) Notwithstanding the provisions of subdivision (b) of section
   46  7.17 of the mental hygiene law, section 41.55 of the mental hygiene law,
   47  or any other law to the contrary, the office of mental health is author-
   48  ized in state fiscal year 2011-12 to close, consolidate, reduce,  trans-
   49  fer  or  otherwise  redesign services of hospitals, other facilities and
   50  programs operated by the office  of  mental  health,  and  to  implement
   51  significant  service  reductions and reconfigurations as shall be deter-
   52  mined by the commissioner of mental health to be necessary for the cost-
   53  effective and efficient operation of such  hospitals,  other  facilities
   54  and programs.
   55    (b)  The  office of mental health shall provide notice upon its public
   56  website and to the legislature as soon as possible, but  no  later  than
       S. 2809                            111                           A. 4009
    1  two  weeks  prior to the anticipated closure, consolidation, or transfer
    2  of inpatient wards.
    3    (c)  Any  transfers of inpatient capacity or any resulting transfer of
    4  functions shall be authorized to be made by the commissioner  of  mental
    5  health  and  any transfer of personnel upon such transfer of capacity or
    6  transfer of functions shall  be  accomplished  in  accordance  with  the
    7  provisions of section 70 of the civil service law.
    8    S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    9  sion,  section  or  part  of  this act shall be adjudged by any court of
   10  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   11  impair,  or  invalidate  the remainder thereof, but shall be confined in
   12  its operation to the clause, sentence, paragraph,  subdivision,  section
   13  or part thereof directly involved in the controversy in which such judg-
   14  ment shall have been rendered. It is hereby declared to be the intent of
   15  the  legislature  that  this  act  would  have been enacted even if such
   16  invalid provisions had not been included herein.
   17    S 5. This act shall take effect  April  1,  2011;  provided  that  the
   18  amendments  to subdivision (f) of section 7.17 of the mental hygiene law
   19  made by section two of this act shall not  affect  the  repeal  of  such
   20  subdivision and shall be deemed repealed therewith.
   21    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   22  sion,  section  or  part  of  this act shall be adjudged by any court of
   23  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   24  impair,  or  invalidate  the remainder thereof, but shall be confined in
   25  its operation to the clause, sentence, paragraph,  subdivision,  section
   26  or part thereof directly involved in the controversy in which such judg-
   27  ment shall have been rendered. It is hereby declared to be the intent of
   28  the  legislature  that  this  act  would  have been enacted even if such
   29  invalid provisions had not been included herein.
   30    S 3. This act shall take effect immediately  provided,  however,  that
   31  the  applicable effective date of Parts A through G of this act shall be
   32  as specifically set forth in the last section of such Parts.