Bill Text: NY A10221 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to extending certain provisions of the public health law and the social services law.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2018-06-13 - substituted by s8093a [A10221 Detail]

Download: New_York-2017-A10221-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                        10221--A
                   IN ASSEMBLY
                                     March 26, 2018
                                       ___________
        Introduced  by  M. of A. GOTTFRIED, D'URSO -- (at request of the Depart-
          ment of Health) -- read once and referred to the Committee  on  Health
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
        AN ACT to amend chapter 426 of the laws of  1983,  amending  the  public
          health   law  relating  to  professional  misconduct  proceedings,  in
          relation to the effectiveness of certain provisions thereof; to  amend
          chapter 582 of the laws of 1984, amending the public health law relat-
          ing  to regulating activities of physicians, in relation to the effec-
          tiveness of certain provisions thereof; to  amend  the  public  health
          law,  in  relation  to  extending  the demonstration period in certain
          physician committees; to amend chapter 57 of the laws of 2015,  amend-
          ing  the  social services law and other laws relating to energy audits
          and/or disaster preparedness reviews of residential healthcare facili-
          ties by the commissioner, in relation to the effectiveness of  certain
          provisions  thereof; to amend chapter 81 of the laws of 1995, amending
          the public health law and other laws relating to medical reimbursement
          and welfare reform, in relation  to  extending  the  effectiveness  of
          certain  provisions  thereof;  and  to amend chapter 60 of the laws of
          2014, amending the social services law relating to  eliminating  pres-
          criber  prevails  for  brand  name  drugs with generic equivalents, in
          relation to the effectiveness thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 5 of chapter 426 of the laws of 1983, amending the
     2  public health law relating to professional  misconduct  proceedings,  as
     3  amended  by  section  22 of part B of chapter 56 of the laws of 2013, is
     4  amended to read as follows:
     5    § 5. This act shall take effect June 1, 1983 and shall remain in  full
     6  force and effect until [March 31, 2018] July 1, 2023.
     7    § 2. Section 5 of chapter 582 of the laws of 1984, amending the public
     8  health  law  relating to regulating activities of physicians, as amended
     9  by section 23 of part B of chapter 56 of the laws of 2013, is amended to
    10  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14386-03-8

        A. 10221--A                         2
     1    § 5. This act shall take effect immediately, provided however that the
     2  provisions of this act shall remain  in  full  force  and  effect  until
     3  [March  31,  2018] July 1, 2023 at which time the provisions of this act
     4  shall be deemed to be repealed.
     5    §  3.  Subparagraph (ii) of paragraph (c) of subdivision 11 of section
     6  230 of the public health law, as amended by section 5-c of part T  of  a
     7  chapter  of the laws of 2018, amending the public health law relating to
     8  participation and membership in a demonstration period  as  proposed  in
     9  legislative  bill numbers S. 7507-C and A. 9507-C, is amended to read as
    10  follows:
    11    (ii) Participation and membership during a  three  year  demonstration
    12  period  in  a physician committee of the Medical Society of the State of
    13  New York or the New York State Osteopathic Society whose purpose  is  to
    14  confront and refer to treatment physicians who are thought to be suffer-
    15  ing  from  alcoholism, drug abuse, or mental illness. Such demonstration
    16  period shall commence on April first, nineteen hundred eighty and termi-
    17  nate on May thirty-first, nineteen hundred eighty-three.  An  additional
    18  demonstration  period  shall  commence  on  June first, nineteen hundred
    19  eighty-three and  terminate  on  March  thirty-first,  nineteen  hundred
    20  eighty-six.  An  additional demonstration period shall commence on April
    21  first, nineteen hundred eighty-six and terminate on March  thirty-first,
    22  nineteen  hundred  eighty-nine. An additional demonstration period shall
    23  commence April first, nineteen hundred eighty-nine and  terminate  March
    24  thirty-first,  nineteen  hundred ninety-two. An additional demonstration
    25  period shall commence  April  first,  nineteen  hundred  ninety-two  and
    26  terminate  March  thirty-first,  nineteen  hundred ninety-five. An addi-
    27  tional demonstration period shall  commence  on  April  first,  nineteen
    28  hundred  ninety-five  and  terminate  on  March  thirty-first,  nineteen
    29  hundred ninety-eight. An additional demonstration period shall  commence
    30  on  April  first,  nineteen  hundred ninety-eight and terminate on March
    31  thirty-first, two thousand three.  An  additional  demonstration  period
    32  shall commence on April first, two thousand three and terminate on March
    33  thirty-first,  two thousand thirteen. An additional demonstration period
    34  shall commence April first, two thousand thirteen and terminate on March
    35  thirty-first, two thousand eighteen. An additional demonstration  period
    36  shall  commence  April  first,  two  thousand  eighteen and terminate on
    37  [March thirty-first] July first,  two  thousand  twenty-three  provided,
    38  however,  that  the  commissioner  may  prescribe  requirements  for the
    39  continuation of such demonstration program, including  periodic  reviews
    40  of  such  programs  and  submission of any reports and data necessary to
    41  permit such reviews. During these additional periods, the provisions  of
    42  this  subparagraph shall also apply to a physician committee of a county
    43  medical society.
    44    § 4. Subdivision 5 of section 60 of part B of chapter 57 of  the  laws
    45  of  2015,  amending  the  social services law and other laws relating to
    46  energy  audits  and/or  disaster  preparedness  reviews  of  residential
    47  healthcare  facilities  by  the  commissioner,  is  amended  to  read as
    48  follows:
    49    5. section thirty-eight  of  this  act  shall  expire  and  be  deemed
    50  repealed [March 31, 2018] July 1, 2021;
    51    §  5. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
    52  amending the public health  law  and  other  laws  relating  to  medical
    53  reimbursement  and  welfare reform, as amended by chapter 49 of the laws
    54  of 2017, is amended to read as follows:
    55    12. Sections one hundred five-b through one hundred five-f of this act
    56  shall expire June 30, [2018] 2019.

        A. 10221--A                         3
     1    § 6. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
     2  of 2014, amending the social services law relating to eliminating  pres-
     3  criber prevails for brand name drugs with generic equivalent, as amended
     4  by  section 2 of part I of chapter 57 of the laws of 2017, is amended to
     5  read as follows:
     6    4-a.  section  twenty-two of this act shall take effect April 1, 2014,
     7  and shall be deemed expired January 1, [2019] 2021;
     8    § 7. This act shall take effect immediately;  provided  however,  that
     9  sections  one,  two and four of this act shall be deemed to have been in
    10  full force and effect on and after March 31, 2018; and provided further,
    11  that section three of this act shall take effect on the same date and in
    12  the same manner as a chapter of the laws of 2018,  amending  the  public
    13  health  law  relating to participation and membership in a demonstration
    14  period as proposed in legislative bill numbers S. 7507-C and A.  9507-C,
    15  takes effect.
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