Bill Text: NY A07747 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to repealing or modifying reporting requirements of the department of health.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-07-25 - signed chap.121 [A07747 Detail]
Download: New_York-2017-A07747-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7747--A 2017-2018 Regular Sessions IN ASSEMBLY May 11, 2017 ___________ Introduced by M. of A. GOTTFRIED -- (at request of the Department of Health) -- read once and referred to the Committee on Health -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT to amend the public health law, the social services law and chap- ter 2 of the laws of 2004 amending the public health law, the social services law and the state finance law relating to enacting the assisted living reform act, in relation to reporting requirements by the department of health; to repeal certain provisions of the public health law and the social services law relating thereto; to repeal section 10 of chapter 409 of the laws of 1991 relating to providing for the submission of certain reports and written plans by certain state departments, the omnibus economic development act of nineteen hundred eighty-seven, and the New York state urban development corpo- ration act, relating to reporting requirements; to repeal section 2 of the families in transition act of 2000, relating to an annual report- ing requirement; and to repeal section 24-b of part B of chapter 58 of the laws of 2007 amending the elder law and other laws relating to the elderly pharmaceutical insurance coverage program, program eligibility and the generic drug dispensing fee, relating to reporting require- ments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 266 of the public health law, as 2 added by chapter 483 of the laws of 2014, is amended to read as follows: 3 5. Report [annually] every three years, commencing January first, two 4 thousand eighteen, to the commissioner, the temporary president of the 5 senate, the speaker of the assembly, the chair of the senate standing 6 committee on health, and the chair of the assembly health committee. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10166-02-7A. 7747--A 2 1 § 2. Subparagraph (ii) of paragraph (b) of subdivision 1 of section 2 409-c of the public health law is REPEALED. 3 § 3. Subdivision 5 of section 613 of the public health law is 4 REPEALED. 5 § 4. Section 695-d of the public health law is REPEALED. 6 § 5. Paragraph o of subdivision 1 of section 802 of the public health 7 law is REPEALED. 8 § 5-a. Paragraphs m and n of subdivision 1 of section 802 of the 9 public health law, as added by chapter 445 of the laws of 1975 and as 10 relettered by chapter 231 of the laws of 1990, are amended to read as 11 follows: 12 m. make rules and regulations for the exercise of the council's powers 13 and performance of its duties in order to carry out the provisions of 14 this article; and 15 n. exercise and perform such other functions, powers, and duties as 16 may from time to time be conferred or imposed by law[; and]. 17 § 6. Paragraph (h) of subdivision 2 of section 1606 of the public 18 health law is REPEALED. 19 § 7. Subdivision 12 of section 2165 of the public health law is 20 REPEALED. 21 § 8. The section heading and subdivisions 1 and 2 of section 2401-a of 22 the public health law are REPEALED. 23 § 9. Subdivision 3 of section 2401-a of the public health law, as 24 added by chapter 393 of the laws of 2007, is amended to read as follows: 25 [3.] Skin cancer reporting. The department shall [annually] submit a 26 written report every three years, commencing January first, two thousand 27 eighteen, to the governor and the legislature on the incidence of skin 28 cancer in the state of New York, by type and as a percentage of the 29 overall number of reported cases of all types of cancer, as well as the 30 associated causes of each type of skin cancer, if such causes are readi- 31 ly ascertainable. Such report shall be generated based on data gathered 32 and reviewed pursuant to this title, and shall provide information which 33 is as current as practicable; provided, however, a retrospective of the 34 past ten years of information collected pursuant to this title and 35 predominant trends associated with such information, as concerns skin 36 cancer and its associated causes, shall be a component of such report 37 and each report submitted thereafter. At the discretion of the commis- 38 sioner, such reports may provide additional information other than the 39 information required by this [subdivision] section. The first report 40 created pursuant to this [subdivision] section shall be submitted one 41 year after the effective date of this [subdivision] section. The reports 42 generated pursuant to this [subdivision] section shall be made available 43 to the public on the department's website. 44 § 10. Subdivision 3 of section 2475 of the public health law is 45 REPEALED. 46 § 11. Subdivision 6 of section 2500-c of the public health law is 47 REPEALED. 48 § 12. Subdivision 5 of section 2500-i of the public health law, as 49 added by chapter 46 of the laws of 2008, is amended to read as follows: 50 5. The department shall [annually report, on or before January first,] 51 report every three years, commencing January first, two thousand eigh- 52 teen, to the governor, the temporary president of the senate and the 53 speaker of the assembly on the implementation of this section and any 54 recommendations for furthering the purpose of this section. 55 § 13. Subdivision 13 of section 2511 of the public health law is 56 REPEALED.A. 7747--A 3 1 § 14. Section 2515-d of the public health law is REPEALED. 2 § 15. Section 2703 of the public health law is REPEALED. 3 § 16. Paragraph (g) of subdivision 1 of section 2712 of the public 4 health law is REPEALED. 5 § 17. Subdivision 5 of section 2803-b of the public health law is 6 REPEALED. 7 § 18. Section 2953 of the public health law is REPEALED. 8 § 19. Subdivision 12 of section 2959-a of the public health law is 9 REPEALED. 10 § 20. Subdivision 3 of section 2998-a of the public health law is 11 REPEALED. 12 § 21. Paragraph (e) of subdivision 1 of section 2998-b of the public 13 health law is REPEALED. 14 § 22. Paragraph (c) of subdivision 1 of section 2998-c of the public 15 health law is REPEALED. 16 § 23. Section 3397-g of the public health law is REPEALED. 17 § 24. Paragraph (b) of subdivision 5 of section 3614 of the public 18 health law, as amended by chapter 60 of the laws of 1993, is amended to 19 read as follows: 20 (b) The total amount of funds to be allocated and distributed for bad 21 debt and charity care allowances to eligible certified home health agen- 22 cies for a rate period in accordance with this subdivision shall be 23 limited to an annual aggregate amount of six million two hundred fifty 24 thousand dollars; provided, however, that the amount of funds allocated 25 for distribution to eligible publicly sponsored certified home health 26 agencies for bad debt and charity care allowances shall not exceed thir- 27 ty-five percent of total available funds for all eligible certified home 28 health agencies for bad debt and charity care allowances. In establish- 29 ing an apportionment of available funds to publicly sponsored certified 30 home health agencies in accordance with this paragraph, the commissioner 31 shall promulgate regulations which may include, but not be limited to, 32 such factors as the ratio of public to nonpublic base year period bad 33 debt and charity care provided by eligible certified home health agen- 34 cies and differences in costs for delivering such services. Certified 35 home health agencies provided by general hospitals shall not be eligible 36 for any portion of the allocation pursuant to this paragraph for the 37 period of July first, nineteen hundred ninety through December thirty- 38 first, nineteen hundred ninety-four, or for such longer period if 39 extended by law, based on the projected availability of an equitable 40 level of bad debt and charity care coverage for such agencies provided 41 pursuant to chapter two of the laws of nineteen hundred eighty-eight and 42 any future amendments thereto. [In order to determine the appropriate-43ness of the exclusion of hospital-based certified home health agencies44and the allocation to publicly sponsored certified home health agencies45pursuant to this paragraph, the commissioner on or before April thirti-46eth, nineteen hundred ninety-one and annually thereafter shall report to47the governor, the chairmen of the senate finance and assembly ways and48means committees and the chairmen of the senate and assembly standing49committees on health comparing the levels of bad debt and charity care50coverage for all certified home health agencies and indicating whether51such coverage is equitable, within a five percent differential, between52hospital-based, public, other voluntary non-profit and private proprie-53tary certified home health agencies considering the availability of all54other forms of financial support or subsidies for this purpose. Should55the differential of the preceding be greater than five percent, the56commissioner shall recommend modifications to the provisions of thisA. 7747--A 4 1paragraph, and to any associated regulations, as may be necessary to2achieve equitable levels of bad debt and charity care coverage.] 3 § 25. Section 4807 of the public health law is REPEALED. 4 § 26. Section 366-h of the social services law, as added by section 7 5 of part B of chapter 57 of the laws of 2000, is amended to read as 6 follows: 7 § 366-h. Automated system; established. Notwithstanding any inconsist- 8 ent provision of law or regulation, the commissioner of health shall, as 9 soon as practicable, establish an automated system to ensure that 10 persons who meet the criteria for receipt of medical assistance benefits 11 under paragraph (a) or (c) of subdivision four of section three hundred 12 sixty-six of this title shall remain enrolled in the medical assistance 13 program without interruption and receive the benefits set forth accord- 14 ing to paragraph (a) or (c) of subdivision four of section three hundred 15 sixty-six of this title. Pending implementation of such automated 16 system, such commissioner shall, in consultation with the office of 17 temporary and disability assistance, undertake and continue efforts to 18 educate local departments of social services about the measures they 19 must take to ensure that medical assistance benefits are provided to 20 persons eligible for such benefits under subdivision four of section 21 three hundred sixty-six of this title. [A report on the progress to22implement such automated system shall be submitted annually to the23governor and the legislature by the commissioner of health.] 24 § 27. Subdivision 5 of section 367-e of the social services law is 25 REPEALED. 26 § 28. Section 10 of chapter 409 of the laws of 1991 relating to 27 providing for the submission of certain reports and written plans by 28 certain state departments, the omnibus economic development act of nine- 29 teen hundred eighty-seven, and the New York state urban development 30 corporation act, is REPEALED. 31 § 29. Section 2 of chapter 477 of the laws of 2000 relating to enact- 32 ing the families in transition act of 2000, is REPEALED. 33 § 30. Section 5 of chapter 2 of the laws of 2004 amending the public 34 health law, the social services law and the state finance law relating 35 to enacting the assisted living reform act, is amended to read as 36 follows: 37 § 5. A task force on adult care facilities and assisted living resi- 38 dences is hereby created, and shall consist of ten members to be 39 appointed as follows: six members shall be appointed by the governor, 40 two members shall be appointed by the temporary president of the senate, 41 and two members shall be appointed by the speaker of the assembly. The 42 purpose of such task force, which shall be convened not later than 43 December 1, 2004, shall be to update and revise the requirements and 44 regulations applicable to adult care facilities and assisted living 45 residences to better promote resident choice, autonomy and independence. 46 Ex officio members of the task force shall include the commissioner of 47 health, the director of the state office for the aging, the commissioner 48 of the office of mental health, the chair of the commission on quality 49 of care for the mentally disabled, or their designees. The task force 50 shall gather information regarding the various ways in which existing 51 requirements and guidelines unduly infringe on affordability of care and 52 services, individual resident choice, autonomy and independence, examine 53 and evaluate such requirements and guidelines, and make recommendations 54 to improve them so that they achieve their desired objectives for the 55 resident populations they are designed to protect without infringing 56 upon the choice, autonomy and independence of other residents. SuchA. 7747--A 5 1 recommendations shall include, but not be limited to: (a) minimizing 2 duplicative or unnecessary regulatory oversight; (b) ensuring that the 3 indigent have adequate access to, and that there are a sufficient number 4 of enhanced assisted living residences; (c) developing affordable 5 assisted living; (d) promoting resident choice and independence; (e) the 6 evaluation tool as required by section 4657 of the public health law; 7 and, (f) specific standards and criteria relating to the special needs 8 certificates required by section 4655 of the public health law. [The9task force shall issue a report of its findings and recommendations to10the governor and legislature on or before June 1, 2005 and annually11thereafter.] 12 § 31. Section 24-b of part B of chapter 58 of the laws of 2007, amend- 13 ing the elder law and other laws relating to the elderly pharmaceutical 14 insurance coverage program, program eligibility and the generic drug 15 dispensing fee, is REPEALED. 16 § 32. This act shall take effect immediately; provided, however, that: 17 (a) sections one, nine and twelve of this act shall take effect Decem- 18 ber 31, 2017; and 19 (b) the amendments to paragraph (b) of subdivision 5 of section 3614 20 of the public health law made by section twenty-four of this act shall 21 not affect the expiration of such subdivision and shall be deemed to 22 expire therewith.