Bill Text: NY S02806 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the deficiency budget for the 2010-2011 state fiscal year.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-02-01 - REFERRED TO FINANCE [S02806 Detail]
Download: New_York-2011-S02806-Introduced.html
Bill Title: Enacts the deficiency budget for the 2010-2011 state fiscal year.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2011-02-01 - REFERRED TO FINANCE [S02806 Detail]
Download: New_York-2011-S02806-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2806 A. 4006 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 chapters 50, 54, 55 and 108 of the laws of 2010, making appropriations for the support of government THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 1 of chapter 50 of the laws of 2010, enacting the 2 the public protection and general government budget, is amended by 3 repeal the items hereinbelow set forth in brackets and by adding to such 4 section the other items underscored in this section. 5 PUBLIC PROTECTION AND GENERAL GOVERNMENT BUDGET 6 DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES 7 STATE OPERATIONS AND AID TO LOCALITIES 2010-11 8 FIRE PREVENTION AND CONTROL PROGRAM ......................... 18,079,700 9 -------------- 10 Special Revenue Funds - Other / Aid to Localities 11 Miscellaneous Special Revenue Fund - 339 12 [Local Wireless Public Safety Answering Point Account] 13 STATEWIDE PUBLIC SAFETY COMMUNICATIONS ACCOUNT 14 For expenses of local wireless public safety 15 answering points associated with eligible 16 wireless 911 service costs. Notwithstand- 17 ing any other provision of law to the 18 contrary, for state fiscal year 2010-2011 19 the liability of the state and the amount EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12560-02-1 S. 2806 2 A. 4006 1 to be distributed or otherwise expended by 2 the state pursuant to section 186-f of the 3 tax law shall be determined by first 4 calculating the amount of the expenditure 5 or other liability pursuant to such law, 6 and then reducing the amount so calculated 7 by 12.5 percent of such amount ........... 8 ................................ 4,650,000 9 For expenses of local wireless public safety 10 answering points associated with eligible 11 wireless 911 service costs, including but 12 not limited to financing and acquisition 13 costs. Notwithstanding any other provision 14 of law to the contrary, for state fiscal 15 year 2010-2011 the liability of the state 16 and the amount to be distributed or other- 17 wise expended by the state pursuant to 18 section 186-f of the tax law shall be 19 determined by first calculating the amount 20 of the expenditure or other liability 21 pursuant to such law, and then reducing 22 the amount so calculated by 12.5 percent 23 of such amount ................. 4,650,000 24 -------------- 25 Program account subtotal ..... 9,300,000 26 -------------- 27 S 2. Section 1 of chapter 54 of the laws of 2010, enacting the health 28 and mental hygiene budget, is amended by repealing the items hereinbelow 29 set forth in brackets and by adding to such section the other items 30 underscored in this section. 31 HEALTH AND MENTAL HYGIENE BUDGET 32 OFFICE FOR THE AGING 33 STATE OPERATIONS AND AID TO LOCALITIES 2010-11 34 COMMUNITY SERVICES PROGRAM ................. [225,259,000] 228,259,000 35 -------------- 36 Special Revenue Funds - Federal / Aid to Localities 37 Federal Health and Human Services Fund - 265 38 For programs provided under the titles of 39 the federal older Americans act and other 40 health and human services programs. 41 Title III-b social services ..... 26,000,000 42 Title III-c nutrition programs, including a 43 suballocation to the department of health 44 for nutrition program activities ......... 45 ............................... 41,000,000 46 Title III-e caregivers .......... 12,000,000 47 Health and human services programs ......... 48 .............................. [7,000,000] 8,000,000 49 Nutrition services incentive program ....... 50 ............................... 16,000,000 51 For purposes of Congregate Nutritional S. 2806 3 A. 4006 1 Services funded by the American recovery 2 and reinvestment act of 2009. Funds appro- 3 priated herein shall be subject to all 4 applicable reporting and accountability 5 requirements contained in such act ....... 6 ................................ 2,350,000 7 For purposes of Home-Delivered Nutritional 8 Services funded by the American recovery 9 and reinvestment act of 2009. Funds appro- 10 priated herein shall be subject to all 11 applicable reporting and accountability 12 requirements contained in such act ....... 13 ................................ 1,135,000 14 -------------- 15 Program fund subtotal .... [105,485,000] 106,485,000 16 -------------- 17 Special Revenue Funds - Federal / Aid to Localities 18 Federal Operating Grants Fund - 290 19 Senior Community Service Employment Account 20 For the senior community service employment 21 program provided under title V of the 22 federal older Americans act .. [7,000,000] 9,000,000 23 For the senior community service employment 24 program provided under title V of the 25 federal older Americans act funded by the 26 American recovery and reinvestment act of 27 2009. Funds appropriated herein shall be 28 subject to all applicable reporting and 29 accountability requirements contained in 30 such act ......................... 900,000 31 -------------- 32 Program account subtotal ... [7,900,000] 9,900,000 33 -------------- 34 Total new appropriations for state operations and aid to 35 localities ............................ [239,609,400] 242,609,400 36 ============== 37 S 3. Section 1 of chapter 55 of the laws of 2010, enacting the trans- 38 portation, economic development and environmental conservation budget, 39 is amended by repealing the items hereinbelow set forth in brackets and 40 by adding to such section the other items underscored in this seciton. 41 TRANSPORTATION, ECONONMIC DEVELOPMENT AND ENVIRONMENTAL CONSERVATION 42 BUDGET 43 DIVISION OF TAX APPEALS 44 STATE OPERATIONS AND AID TO LOCALITIES 2010-11 45 ADMINISTRATION PROGRAM ....................... [3,053,000] 3,154,000 46 -------------- 47 General Fund / State Operations 48 State Purposes Account - 003 S. 2806 4 A. 4006 1 PERSONAL SERVICE 2 Personal service--regular ...... [2,676,000] 2,777,000 3 Temporary service ................... 10,000 4 -------------- 5 Amount available for personal service .... 6 ............................ [2,686,000] 2,787,000 7 -------------- 8 NONPERSONAL SERVICE 9 Supplies and materials .............. 27,100 10 Travel .............................. 19,700 11 Contractual services ............... 257,000 12 Equipment ........................... 63,200 13 -------------- 14 Amount available for nonper- 15 sonal service .................. 367,000 16 -------------- 17 Total new appropriations for state operations and aid to 18 localities ............................... [3,053,000] 3,154,000 19 ============== 20 S 4. Section 11 of chapter 108 of the laws of 2010, making appropri- 21 ations for the support of government, is amended by repealing the items 22 herein below set forth in brackets and by adding to such section the 23 other items underscored in this section. 24 DEPARTMENT OF HEALTH 25 CENTER FOR COMMUNITY HEALTH PROGRAM ........ [512,727,000] 518,977,000 26 -------------- 27 General Fund / Aid to Localities 28 Local Assistance Account - 001 29 State aid to municipalities for the opera- 30 tion of local health departments and labo- 31 ratories and for the provision of general 32 public health services pursuant to article 33 6 of the public health law for activities 34 under the jurisdiction of the commissioner 35 of health. 36 Notwithstanding any other provision of arti- 37 cle 6 of the public health law, a county 38 may obtain reimbursement pursuant to this 39 act, only after the county chief financial 40 officer certifies, in the municipal health 41 services plan, that county tax levies used 42 to fund services carried out by the county 43 health department have not been added to 44 or supplanted directly or indirectly by 45 any funds obtained by the county pursuant 46 to the Master Settlement Agreement entered 47 into on November 23, 1998 by the state and S. 2806 5 A. 4006 1 leading United States tobacco product 2 manufacturers, except in the case of a 3 public health emergency, as determined by 4 the commissioner of health. 5 Notwithstanding annual aggregate limits for 6 bad debt and charity care allowances and 7 any other provision of law, up to 8 $1,700,000 shall be transferred to the 9 medical assistance program general fund - 10 local assistance account for eligible 11 publicly sponsored certified home health 12 agencies that demonstrate losses from a 13 disproportionate share of bad debt and 14 charity care, pursuant to chapter 884 of 15 the laws of 1990. Within the maximum 16 limits specified herein, the department 17 shall transfer only those funds which are 18 necessary to meet the state share require- 19 ments for disproportionate share adjust- 20 ments expected to be paid for the period 21 January 1, 2010 through December 31, 2010. 22 The moneys hereby appropriated shall be 23 available for payment of financial assist- 24 ance heretofore accrued .... [284,763,000] 291,013,000 25 -------------- 26 Program account subtotal ............... 27 ........................ [481,235,000] 487,485,000 28 -------------- 29 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE 30 PROGRAM .................... [328,350,000] 380,350,000 31 -------------- 32 Special Revenue Funds - Other / Aid to Localities 33 Miscellaneous Special Revenue Fund - 339 34 EPIC Premium Account 35 For services and expenses of the program for 36 elderly pharmaceutical insurance coverage, 37 including reimbursement to pharmacies 38 participating in such program. Notwith- 39 standing any inconsistent provision of 40 law, rule or regulation to the contrary, 41 for the period October 1, 2010 through 42 March 31, 2011, for a participant in the 43 program for elderly pharmaceutical insur- 44 ance coverage whose prescription drug 45 expenses are paid or reimbursable under 46 the provisions of the medicare program, 47 assistance under the program for elderly 48 pharmaceutical insurance coverage shall be 49 limited to prescription drugs covered by 50 the participant's medicare plan and to 51 drugs excluded from medicare coverage in 52 accordance with section 1860-D-2 of the 53 federal social security act, and in such S. 2806 6 A. 4006 1 cases the program for elderly pharmaceu- 2 tical insurance coverage shall cover the 3 amount that is the responsibility of the 4 participant under the medicare plan bene- 5 fit, subject to the participant's cost- 6 sharing responsibility on such amount 7 under section 247 or section 248 of the 8 elder law; provided, however, that cover- 9 age under the elderly pharmaceutical 10 insurance coverage program shall be avail- 11 able only after the participant has first 12 exhausted the first two levels of appeal 13 available under Part D of title XVIII of 14 the federal social security act and the 15 appeal has been denied; and provided 16 further that during the medicare coverage 17 determination and appeal period, the 18 elderly pharmaceutical insurance coverage 19 program shall provide up to a 90 day 20 supply of the prescribed medication, or 21 such lesser supply as specified on the 22 prescription, if (i) the pharmacist noti- 23 fies the prescriber that the participant's 24 Medicare Part D plan and the elderly phar- 25 maceutical insurance coverage program have 26 denied payment for the prescribed medica- 27 tion and that if the prescriber does not 28 choose to change the prescription to a 29 drug that is covered by the participant's 30 Medicare Part D plan, a Medicare Part D 31 appeal must be pursued and (ii) the pres- 32 criber notifies the elderly pharmaceutical 33 insurance coverage program of the 34 prescriber's intent to provide necessary 35 information and cooperation in the pursuit 36 of the Medicare Part D appeal; and 37 provided further that, in instances where 38 the pharmacist is unable to immediately 39 reach the prescriber, the elderly pharma- 40 ceutical insurance coverage program shall, 41 upon the request of the pharmacist, 42 authorize a three day emergency supply of 43 the prescribed medication; and provided 44 further that the elderly pharmaceutical 45 insurance coverage program shall authorize 46 such additional 90 day supplies of the 47 prescribed medication, or such lesser 48 supply as specified on the prescription, 49 and such additional three day emergency 50 supplies as required to ensure coverage of 51 the prescribed medication during the 52 pendency of the Medicare Part D appeal; 53 provided however that, if this act appro- 54 priates sufficient additional funds to 55 permit the elderly pharmaceutical insur- 56 ance coverage program to provide coverage S. 2806 7 A. 4006 1 for prescription drugs without regard to 2 the limitations described in this section, 3 then the provisions of this paragraph 4 shall not apply and shall be considered 5 null and void as of September 30, 2010. 6 The moneys hereby appropriated shall be 7 available for payment of financial assist- 8 ance heretofore accrued .... [125,800,000] 177,800,000 9 -------------- 10 Program account subtotal ............... 11 ........................ [125,800,000] 177,800,000 12 -------------- 13 S 5. This act shall take effect immediately and shall be deemed to 14 have been in full force and effect on and after April 1, 2010.