Bill Text: NY S02809 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to Medicare part D; relates to early intervention services; relates to tobacco control and insurance initiatives pool distributions; relates to clinical laboratories; relates to the distribution of HEAL NY capital grants; extends numerous provisions of law; repeals provisions of law relating to elderly pharmaceutical insurance; relates to rates of payment and medical assistance; relates to the distribution of pool allocations and graduate medical education; relates to health care initiative pool distributions; extends payment provisions for general hospitals; extends access to community health care services in rural areas; continues the priority restoration adjustment; relates to medical and professional malpractice insurance; relates to the liquidation of domestic insurers; relates to rates of payment for personal care service providers, residential health care facilities and diagnostic and treatment centers; relates to payments to residential health care facilities and other reimbursements; authorizes bad debt and charity care allowances for certified home health agencies; relates to capital related inpatient expenses; relates to rates of payment for long term home health care programs; relates to the effectiveness of the child health insurance plan; relates to the suspension of eligibility for medical assistance; foregoes certain adjustments during the 2011-2012 state fiscal year; relates to the closure and the reduction in size of certain facilities serving persons with mental illness; relates to general hospital inpatient reimbursement for annual rates; establishes ceiling limitations for certain rates of payment; repeals certain provisions of the social services law relating to prescription drug payments; initiates a study to determine costs incurred by public school districts for certain medical care, services and supplies; relates to the calculation of capital costs; relates to the HIV special needs plan; relates to the pharmacy and therapeutics committee and the preferred drug program; relates to covered part D drugs, limited coverage for formula therapy, prescription footwear, speech therapy, physical therapy and occupational therapy, payment for home health care nursing services, and coverage for smoking cessation counseling services, the furnishing of medical assistance to applicants with responsible relatives, and mail order prescriptions; relates to the commissioner of health's authority to negotiate agreements resolving multiple pending rate appeals; relates to diagnostic care centers; relates to temporary operator certificates for general hospitals or diagnostic and treatment centers; relates to health home services; relates to managed long term care plans and residential health care facilities; relates to insurance co-payments; provides palliative care support for patients with advanced life limiting conditions and illnesses; relates to the provision of home health care services; establishes a workgroup to develop a plan and draft legislation for the purpose of operating and managing public nursing homes; encourages cooperative, collaborative and integrative arrangements between health care providers, payers, and others; relates to the definition of estate; relates to the New York state medical indemnity fund and the New York state hospital quality initiative; requires compliance with operational standards by hospitals and providers of services in hospitals; creates an accountable care organization demonstration program; limits the reporting of death by the operator of an adult home or residence; requires preclaim review for participating providers of medical assistance program items and services; relates to seeking federal approvals to establish payment methodologies with accountable care organizations; relates to medical assistance for needy persons; relates to the character and adequacy of assistance; relates to residential health care facility supplemental payments, non-capital components of rates, and temporary nursing home stability contributions; authorizes the commissioner of health to enter into contracts for purposes of the Early Innovator federal grant award; and relates to applications for orders of rehabilitation or liquidation.
Spectrum: Committee Bill
Status: (Passed) 2011-03-31 - SIGNED CHAP.59 [S02809 Detail]
Download: New_York-2011-S02809-Introduced.html
Bill Title: Relates to Medicare part D; relates to early intervention services; relates to tobacco control and insurance initiatives pool distributions; relates to clinical laboratories; relates to the distribution of HEAL NY capital grants; extends numerous provisions of law; repeals provisions of law relating to elderly pharmaceutical insurance; relates to rates of payment and medical assistance; relates to the distribution of pool allocations and graduate medical education; relates to health care initiative pool distributions; extends payment provisions for general hospitals; extends access to community health care services in rural areas; continues the priority restoration adjustment; relates to medical and professional malpractice insurance; relates to the liquidation of domestic insurers; relates to rates of payment for personal care service providers, residential health care facilities and diagnostic and treatment centers; relates to payments to residential health care facilities and other reimbursements; authorizes bad debt and charity care allowances for certified home health agencies; relates to capital related inpatient expenses; relates to rates of payment for long term home health care programs; relates to the effectiveness of the child health insurance plan; relates to the suspension of eligibility for medical assistance; foregoes certain adjustments during the 2011-2012 state fiscal year; relates to the closure and the reduction in size of certain facilities serving persons with mental illness; relates to general hospital inpatient reimbursement for annual rates; establishes ceiling limitations for certain rates of payment; repeals certain provisions of the social services law relating to prescription drug payments; initiates a study to determine costs incurred by public school districts for certain medical care, services and supplies; relates to the calculation of capital costs; relates to the HIV special needs plan; relates to the pharmacy and therapeutics committee and the preferred drug program; relates to covered part D drugs, limited coverage for formula therapy, prescription footwear, speech therapy, physical therapy and occupational therapy, payment for home health care nursing services, and coverage for smoking cessation counseling services, the furnishing of medical assistance to applicants with responsible relatives, and mail order prescriptions; relates to the commissioner of health's authority to negotiate agreements resolving multiple pending rate appeals; relates to diagnostic care centers; relates to temporary operator certificates for general hospitals or diagnostic and treatment centers; relates to health home services; relates to managed long term care plans and residential health care facilities; relates to insurance co-payments; provides palliative care support for patients with advanced life limiting conditions and illnesses; relates to the provision of home health care services; establishes a workgroup to develop a plan and draft legislation for the purpose of operating and managing public nursing homes; encourages cooperative, collaborative and integrative arrangements between health care providers, payers, and others; relates to the definition of estate; relates to the New York state medical indemnity fund and the New York state hospital quality initiative; requires compliance with operational standards by hospitals and providers of services in hospitals; creates an accountable care organization demonstration program; limits the reporting of death by the operator of an adult home or residence; requires preclaim review for participating providers of medical assistance program items and services; relates to seeking federal approvals to establish payment methodologies with accountable care organizations; relates to medical assistance for needy persons; relates to the character and adequacy of assistance; relates to residential health care facility supplemental payments, non-capital components of rates, and temporary nursing home stability contributions; authorizes the commissioner of health to enter into contracts for purposes of the Early Innovator federal grant award; and relates to applications for orders of rehabilitation or liquidation.
Spectrum: Committee Bill
Status: (Passed) 2011-03-31 - SIGNED CHAP.59 [S02809 Detail]
Download: New_York-2011-S02809-Introduced.html
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.